reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.06 - Foreign-Educated Licensure Requirements › Section 10.38.06.01 - Requirements for Licensure

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Application Options.
(1) An applicant
				  educated in a physical therapy core curriculum outside the United States or its
				  territories shall apply for licensure under one of the categories described in
				  §A(2)-(4) of this regulation.
(2) Examination. The applicant shall file
				  with the Board:
(a) An application on the
				  form the Board provides;
(b) The
				  application and examination fees as specified in COMAR 10.38.07;
(c) Evaluation of educational credentials
				  forwarded directly to the Board from an approved agency that provides evidence
				  that the applicant's education is equivalent to that of an accredited core
				  physical therapy program in the United States;
(d) Evidence of oral competency in the
				  English language; and
(e) Evidence
				  of written competency in the English language.
(3) Transfer of Examination Scores. The
				  applicant shall file the following with the Board:
(a) An application on the form the Board
				  provides;
(b) The application fee
				  as specified in COMAR 10.38.07;
(c)
				  Evaluation of educational credentials forwarded directly to the Board from an
				  approved agency that provides evidence that the applicant's education is
				  equivalent to that of an accredited physical therapy program in the United
				  States;
(d) Evidence of oral
				  competency in the English language;
(e) Evidence of written competency in the
				  English language;
(f) A sworn
				  statement that the applicant is not licensed in another state;
(g) Evidence, satisfactory to the Board, that
				  the applicant is registered to take, or has taken, the national licensing
				  examination in another state; and
(h) A copy of a letter or form to the
				  appropriate reporting service requesting that licensing examination scores be
				  sent to the Board.
(4)
				  Waiver of Examination. The applicant shall file the following with the Board:
(a) An application on the form the Board
				  provides;
(b) The application fee
				  as specified in COMAR 10.38.07;
(c)
				  Evaluation of educational credentials forwarded directly to the Board from an
				  approved agency that provides evidence that the applicant's education is
				  equivalent to that of an accredited core physical therapy program in the United
				  States;
(d) Evidence of oral
				  competency in the English language;
(e) Evidence of written competency in the
				  English language;
(f) A copy of a
				  current physical therapy license;
(g) Verification of current licensure on the
				  form the Board provides; and
(h) A
				  copy of a letter or form to the appropriate reporting service requesting that
				  licensing examination scores be sent to the Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.06 - Foreign-Educated Licensure Requirements › Section 10.38.06.02 - Reexamination

Current through Register Vol. 51, No. 14, July 12, 2024
A. National
				  Licensing Examination.
(1) An applicant who
				  fails shall repeat the examination.
(2) Fees.
(a) The applicant shall pay to the Board the
				  reexamination fee as specified in COMAR 10.38.07.
(b) An applicant who fails the licensing
				  examination twice shall pay to the Board an application fee as specified in
				  COMAR 10.38.07 in addition to the reexamination fee.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.06 - Foreign-Educated Licensure Requirements › Section 10.38.06.03 - Issuance of Licenses

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Temporary License.
(1) The Board may issue a
				  temporary license to an applicant who, except for passing an examination
				  otherwise required under Health Occupations Article, Title 13, Annotated Code
				  of Maryland, has met the appropriate education and experience requirements for
				  a physical therapy license or a physical therapist assistant license set forth
				  under Health Occupations Article, §
											13-302, Annotated
				  Code of Maryland.
(2) The holder of
				  a temporary license shall:
(a) Practice under
				  direct supervision while the temporary license is in effect;
(b) Achieve a passing score on the Maryland
				  Physical Therapy jurisprudence exam; and
(c) Submit to a State and national criminal
				  history records check in accordance with Health Occupations Article, §
												13-302.1,
				  Annotated Code of Maryland.
(3) A temporary license is valid until:
(a) 90 days after issuance;
(b) The Board issues a full license to
				  practice physical therapy or limited physical therapy to the holder of the
				  temporary license; or
(c) The Board
				  revokes the temporary license.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.06 - Foreign-Educated Licensure Requirements › Section 10.38.06.04 - Restrictions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board may
				  refuse to grant a license to an applicant who:
(1) Begins practice as a physical therapist
				  before being licensed to practice in Maryland;
(2) Practices after the date of expiration of
				  the license;
(3) Fails the
				  licensing examinations; or
(4)
				  Fails to pay all outstanding fees to the Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.07 - Fee Schedule › Section 10.38.07.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations govern all persons licensed or applying
					 for licensure by the Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.07 - Fee Schedule › Section 10.38.07.02 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following
				  fees are established by the Board:
(1)
				  Application fee $150;
(2) Biennial
				  renewal fee:
(a) Physical therapist
				  $325;
(b) Physical therapist
				  assistant $300;
(3)
				  Reinstatement fee $400;
(4)
				  Restricted license $125;
(5)
				  Duplicate license $75;
(6) Penalty
				  for returned check $40;
(7) Written
				  verification of licensure $25;
(8)
				  Law booklet (free to applicants) $20;
(9) Approval for CEUs to course sponsor
				  $50;
(10) Penalty for failure to
				  maintain correct address with the Board $100; and
(11) Interstate physical therapy licensure
				  compact fee $125.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.07 - Fee Schedule › Section 10.38.07.03 - Refunds

Current through Register Vol. 51, No. 14, July 12, 2024
Fees paid to the Board are nonrefundable.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.07 - Fee Schedule › Section 10.38.07.04 - Change of Fees

Current through Register Vol. 51, No. 14, July 12, 2024
Fees are subject to change by action of the Board of
					 Physical Therapy Examiners. The Board shall notify licensees and applicants of
					 changes.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.08 - Continuing Education Requirements › Section 10.38.08.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter governs:
A. A licensee applying for renewal;
B. An individual applying for reinstatement
				  of licensure; and
C. Providers of
				  continuing education.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.08 - Continuing Education Requirements › Section 10.38.08.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				  chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "APTA" means the American Physical
				  Therapy Association and its:
(a)
				  Academies;
(b) Sections;
				  and
(c) State chapters.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.08 - Continuing Education Requirements › Section 10.38.08.03 - Continuing Education Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Continuing
				  education is a requirement for renewal or reinstatement of licenses for
				  physical therapists and physical therapist assistants, which may be obtained
				  by:
(1) Postgraduate studies which include
				  academic and professional studies that enhance competencies or instill new
				  knowledge or skills, or both;
(2)
				  Attendance at or presentation of seminars, conferences, courses, or
				  workshops;
(3) Authoring,
				  co-authoring, or editing of a book, book chapter, peer-reviewed journal
				  article, or abstract;
(4) Home or
				  self-directed study;
(5)
				  Research;
(6) Workplace and
				  community service contributions, and leadership relevant to the development of
				  personal and professional competence; or
(7) Supervision of physical therapists or
				  physical therapist assistant students in a clinical rotation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.08 - Continuing Education Requirements › Section 10.38.08.04 - Continuing Education Approval

Current through Register Vol. 51, No. 14, July 12, 2024
A. To obtain
				  approval of continuing education, a provider shall submit the following
				  information to the Board 6 weeks before the activity commencement date:
(1) An application on a Board-approved
				  application form, accompanied by any required fee set forth in COMAR
				  10.38.07.02;
(2) A complete hour-by-hour agenda of the
				  CE;
(3) A clear and concise written
				  statement describing the CE's:
(a) Learning
				  outcomes; or
(b) Instructional
				  objectives;
(4)
				  Curriculum vitae for each instructor describing the instructor's competence in
				  the CE subject matter and skill in instructional methodologies; and
(5) If an instructor is not licensed by the
				  Board or does not hold a Maryland compact privilege and plans to perform
				  physical therapy in conjunction with the CE, an application for a restricted
				  license obtained from the Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.08 - Continuing Education Requirements › Section 10.38.08.05 - Renewal Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. A licensee
				  shall:
(1) Earn CE hours between April 1 and
				  March 31 during the 2-year period before renewal; and
(2) Maintain records of the CE subject
				  matter, certificates of completion, hours, date, and CE hours to present to the
				  Board on request.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.08 - Continuing Education Requirements › Section 10.38.08.06 - Auditing Compliance with Continuing Education Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board
				  shall audit the continuing education records of as many licensees as time and
				  resources allow.
B. The Board shall
				  send an audit letter to those to be audited at the close of the renewal
				  period.
C. At the time of audit,
				  the audited licensees shall submit documentation relating to compliance with CE
				  requirements as set forth in this chapter.
D. The Board may request from the licensee
				  evidence of achieving the CE hours.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.08 - Continuing Education Requirements › Section 10.38.08.07 - Reinstatement Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. A physical
				  therapist shall earn 30 CE hours in the 2-year period immediately preceding
				  reinstatement.
B. A physical
				  therapist assistant shall earn 20 CE hours in the 2-year period immediately
				  preceding reinstatement.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.08 - Continuing Education Requirements › Section 10.38.08.08 - Continuing Education Professional Development Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
CE activities meeting the criteria for continuing
					 education requirements for the practice of physical therapy may include:
A. Postgraduate academic course work in
				  physical therapy taken at an accredited college or university, which may earn
				  10 CE hours per course credit;
B.
				  Attendance at Board-approved or APTA-approved continuing education, which may
				  earn 1 CE hour for every approved hour;
C. Presentation of continuing education, which may
				  earn 2 CE hours for every hour of presentation with presentations of the same
				  subject matter receiving CE hours only once in a renewal period;
D. Authoring, co-authoring, or editing of a
				  book, book chapter, or peer- reviewed journal article, which may earn 30 CE
				  hours with proof accompanying the request for approval;
E. Authoring an abstract, which may earn 10 CE
				  hours;
F. Completion of an
				  approved self-directed study course, which may earn 1 CE hour per interactive
				  hour;
G. Completion of an approved
				  home study course, which may earn 1 CE hour per interactive hour;
H. Completion of continuing education
				  relevant to workplace and community service contributions, and leadership
				  relevant to the development of personal and professional competence, which may
				  earn 1 CE hour only once in a renewal period;
I. Supervision of physical therapists or
				  physical therapist assistant students in a clinical rotation, which may earn 10
				  CE hours only once in a renewal period (1 CE hour equals 40 hours of
				  supervision); or
J. Research, which
				  may earn 10 CE hours.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.09 - Speech-Impaired Applicants › Section 10.38.09.01 - Speech-Impaired Applicants

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  applicant who claims a speech impairment shall fulfill all requirements for
				  application and shall submit to the Board the following:
(1) Documentation of the applicant's
				  impairment from an otolaryngologist, who has current certification from the
				  American Board of Otolaryngology; and
(2) Documentation of the applicant's
				  impairment from a speech-language pathologist who has current certification
				  from the American Speech-Language Hearing Association.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.09 - Speech-Impaired Applicants › Section 10.38.09.02 - Other Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  foreign-trained speech-impaired applicant shall notify the Board before taking
				  a Board-approved standardized test of oral competency.
B. The Board shall attempt to locate a
				  speech-language pathologist fluent in the applicant's native language to assess
				  the impairment.
C. A
				  foreign-trained applicant who is in need of foreign accent reduction, but has
				  competency in his or her native language, may obtain assistance from a
				  bilingual speech-language pathologist before attempting to pass the test of
				  spoken English.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.10 - Disciplinary Sanctions, Monetary Penalties, and Civil Fines › Section 10.38.10.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes standards for the imposition of
					 disciplinary sanctions, monetary penalties, and civil fines for violations of
					 the Maryland Physical Therapy Act.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.10 - Disciplinary Sanctions, Monetary Penalties, and Civil Fines › Section 10.38.10.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Act" means the Maryland Physical Therapy
				  Act, Health Occupations Article, Title 13, Annotated Code of
				  Maryland.
(2) "Board" means the
				  State Board of Physical Therapy Examiners.
(3) "Civil fine" means a fine assessed by the
				  Board against an individual for practicing physical therapy or limited physical
				  therapy without a license.
(4)
				  "License" means a license issued by the Board to practice physical therapy or
				  limited physical therapy.
(5)
				  "Licensee" means a physical therapist or physical therapist assistant who is
				  licensed by the Board to practice physical therapy or limited physical
				  therapy.
(6) "Penalty" means
				  monetary penalty.
(7) "Sanction"
				  means a disciplinary action reprimanding, restricting, suspending, or revoking
				  a license.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.10 - Disciplinary Sanctions, Monetary Penalties, and Civil Fines › Section 10.38.10.03 - Imposition of a Penalty - General

Current through Register Vol. 51, No. 14, July 12, 2024
Imposition of a Penalty after a Hearing. If the Board finds
					 that there are grounds under Health Occupations Article, §
										13-316, Annotated
					 Code of Maryland, to reprimand a licensee or suspend or revoke a license, the
					 Board may impose a penalty as set forth in this chapter:
A. Instead, of, or in addition to,
				  reprimanding the licensee or suspending the license; or
B. In addition to revoking the
				  license.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.10 - Disciplinary Sanctions, Monetary Penalties, and Civil Fines › Section 10.38.10.05 - Mitigating and Aggravating Factors to be Considered in the Assessment of the Sanction and Penalty

Current through Register Vol. 51, No. 14, July 12, 2024
A. Depending on
				  the facts and circumstances of each case, and to the extent that the facts and
				  circumstances apply, the Board may consider, but not be limited to, the
				  mitigating and aggravating factors outlined in §§B and C of this
				  regulation in determining whether the sanction in a particular case should fall
				  outside the range of sanctions established by the guidelines.
B. Mitigating Factors. The Board may consider
				  the following mitigating factors:
(1) The
				  licensee's lack of a prior disciplinary record;
(2) The licensee self-reported the violation
				  to the Board;
(3) The licensee's
				  full and voluntary admission of misconduct to the Board and cooperation during
				  Board proceedings;
(4) The licensee
				  implemented remedial measures to correct or mitigate harm arising from the
				  misconduct;
(5) The licensee made
				  timely good-faith effort to make restitution or to rectify the consequences of
				  the misconduct;
(6) Evidence of
				  rehabilitation or rehabilitative potential;
(7) Absence of premeditation to commit the
				  misconduct;
(8) Absence of
				  potential harm to the public or adverse impact; and
(9) The licensee's conduct was an isolated
				  incident and not likely to recur.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.10 - Disciplinary Sanctions, Monetary Penalties, and Civil Fines › Section 10.38.10.06 - Civil Fines

Current through Register Vol. 51, No. 14, July 12, 2024
A. Practicing
				  on an Expired License. The Board may assess a civil fine against a physical
				  therapist or physical therapist assistant who practices physical therapy or
				  limited physical therapy on an expired license in the amount of $100 per day of
				  practice past the expiration date of the license.
B. Practicing Without a License.
(1) The Board may assess a civil fine of no
				  less than $5,000 and no more than $50,000 against an individual who practices
				  physical therapy or limited physical therapy without a license.
(2) Factors in determining the amount of a
				  fine include, but are not limited to, the following:
(a) The extent to which the individual
				  derived any financial benefit from the unauthorized practice;
(b) The willfulness of the unauthorized
				  practice;
(c) Actual or potential
				  public harm caused by the unauthorized practice; and
(d) The length of time in which the
				  individual engaged in the unauthorized practice.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.10 - Disciplinary Sanctions, Monetary Penalties, and Civil Fines › Section 10.38.10.07 - Payment of a Penalty

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless
				  the Board specifies otherwise, a licensee shall pay to the Board a penalty
				  imposed under this chapter as of the date the Board's order is
				  issued.
B. Filing an appeal under
				  State Government Article, §
										10-222, Annotated
				  Code of Maryland, or Health Occupations Article, §
										13-318, Annotated
				  Code of Maryland, does not automatically stay payment of a penalty imposed by
				  the Board pursuant to this chapter.
C. If a licensee fails to pay, in whole or in
				  part, a penalty imposed by the Board pursuant to this chapter, the Board may
				  not restore, reinstate, or renew a license until the penalty has been paid in
				  full.
D. In its discretion, the
				  Board may refer all cases of delinquent payment to the Central Collection Unit
				  of the Department of Budget and Management to institute and maintain
				  proceedings to ensure prompt payment.
E. Deposit of Monies.
(1) The Board shall pay all monies collected
				  pursuant to this chapter, except for civil fines collected under Regulation .06
				  of this chapter, into the State's General Fund.
(2) The Board shall pay all civil fines
				  collected under Regulation .06 of this chapter into the State Board of Physical
				  Therapy Examiners Fund, in accordance with Health Occupations Article, §
											13-407(b)(2),
				  Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.11 - Compelling Purpose Disclosure › Section 10.38.11.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter does not apply to the disclosure of
					 information in the Board's files to a health occupations regulatory board of
					 this State or another state that licenses or disciplines persons practicing a
					 health occupation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.11 - Compelling Purpose Disclosure › Section 10.38.11.02 - Disclosure for Compelling Public Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A custodian of the Board may find that a compelling public
					 purpose warrants disclosure of information in a certification, licensing, or
					 investigative file, regardless of whether there has been a request for the
					 information, and may disclose information concerning competent evidence
					 of:
A. Possible criminal activity, if
				  disclosure is to a federal, state, or local law enforcement or prosecutorial
				  official or authority;
B. A
				  possible violation of law, if disclosure is to a federal, state, or local
				  authority that has jurisdiction over the individual whose conduct may be a
				  violation and the information disclosed is limited to information relevant to
				  the possible violation by that individual; or
C. Conduct by an individual which the Board
				  reasonably believes may pose a risk to the public health, safety, or welfare,
				  if disclosure is to a law enforcement authority, administrative official,
				  agency that regulates the individual, or to a hospital or other health care
				  facility where the individual has privileges.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.11 - Compelling Purpose Disclosure › Section 10.38.11.03 - Other Disclosures

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter does not prohibit or limit the ability of the
					 Board to disclose general licensing information under State Government Article,
					 §
										10-617(h),
					 Annotated Code of Maryland, or any information that the Board may otherwise
					 disclose by law.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.12 - Dry Needling › Section 10.38.12.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes standards for the provision of dry
					 needling as an intervention performed by physical therapists.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.12 - Dry Needling › Section 10.38.12.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Board" means the State Board of Physical
				  Therapy Examiners.
(2) "Dry
				  needling" means a physical therapy intervention, also known as intramuscular
				  manual therapy, that:
(a) Involves the
				  insertion of one or more solid needles, a mechanical device, into the muscle
				  and related tissues to affect change in muscle and related tissues;
(b) Requires ongoing evaluation, assessment,
				  and re-evaluation of the impairments;
(c) Is only utilized in parts of the body
				  with neuromuscular or musculoskeletal links to the impairments; and
(d) Is not performed for:
(i) The purposes of acupuncture as defined in
				  Health Occupations Article, § 1A -101, Annotated Code of Maryland; or
(ii) Any purpose outside the
				  scope of physical therapy.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.12 - Dry Needling › Section 10.38.12.03 - Minimum Education and Training Necessary to Perform Dry Needling

Current through Register Vol. 51, No. 14, July 12, 2024
A. In order to
				  perform dry needling, a physical therapist shall have at least 80 total hours
				  of instruction, which includes:
(1) A total
				  of at least 40 hours of instruction in the following dry needling-specific
				  course content areas:
(a) Theory and
				  application of dry needling;
(b)
				  Dry needling technique, including spine and extremities;
(c) Dry needling indications and
				  contraindications;
(d) Infection
				  control, the Occupational Safety and Health Administration's Bloodborne
				  Pathogen Protocol, and safe handling of needles;
(e) Emergency preparedness and response
				  procedures related to complications associated with dry needling; and
(f) Appropriate documentation of
				  dry needling; and
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.12 - Dry Needling › Section 10.38.12.04 - Standards of Practice in Performing Dry Needling

Current through Register Vol. 51, No. 14, July 12, 2024
A. A physical therapist shall:
(1) Fully explain dry needling to the patient
				  in advance of treatment; and
(2)
				  Obtain written informed consent specific to dry needling that shall be included
				  in the patient's medical record.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.13 - Telehealth › Section 10.38.13.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  governs the practice of physical therapy or limited physical therapy using
				  telehealth as an adjunct to, or replacement for, in person patient
				  visits.
B. Nothing in these
				  regulations restricts or limits reimbursement requirements pursuant to
				  Health-General Article and Insurance Article, Annotated Code of
				  Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.13 - Telehealth › Section 10.38.13.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				  chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Asynchronous" means not occurring in
				  real time.
(2) "Board" means the
				  Maryland Board of Physical Therapy Examiners.
(3) "In-person" means within the physical
				  presence of the patient.
(4)
				  "Synchronous" means occurring in real time.
(5) "Telehealth" has the meaning stated in
				  Health Occupations Article, §
											1-1001, Annotated
				  Code of Maryland.
(6) "Telehealth
				  practitioner" means:
(a) A Maryland licensed
				  physical therapist or physical therapist assistant performing telehealth
				  services within their respective scope of practice; or
(b) A physical therapist or physical
				  therapist assistant with a compact privilege in Maryland performing telehealth
				  services within their respective scope of practice.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.13 - Telehealth › Section 10.38.13.03 - Licensure

Current through Register Vol. 51, No. 14, July 12, 2024
Subject to the provisions of Health Occupations Article,
					 §
										13-301, Annotated
					 Code of Maryland, a telehealth practitioner shall be licensed in Maryland or
					 hold a compact privilege in Maryland when providing telehealth services to a
					 patient located in the State.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.13 - Telehealth › Section 10.38.13.04 - Standards of Practice for Telehealth

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before
				  providing telehealth services, a telehealth practitioner shall develop and
				  follow a procedure to:
(1) Verify the
				  identification of the patient receiving telehealth services through use of:
(a) A government-issued photograph
				  identification;
(b) An insurance,
				  Medicaid, or Medicare card; or
(c)
				  Documentation of the patient's:
(i) Date of
				  birth; and
(ii) Home
				  address;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.13 - Telehealth › Section 10.38.13.05 - Patient Evaluation

Current through Register Vol. 51, No. 14, July 12, 2024
A. A physical
				  therapist who practices telehealth shall:
(1)
				  Perform a synchronous or asynchronous clinical patient evaluation that is
				  appropriate for the patient and the condition with which the patient presents
				  before providing a treatment plan through telehealth; and
(2) If clinically appropriate for the
				  patient, provide or refer a patient to:
(a)
				  In-person treatment; or
(b) Another
				  type of telehealth service.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.13 - Telehealth › Section 10.38.13.06 - Telehealth Practitioner Discipline

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board
				  shall use the same standards of evaluating and investigating a complaint about
				  and in disciplining a telehealth practitioner who practices telehealth as it
				  would use for a licensee who does not use telehealth technology in the
				  licensee's practice.
B. The failure
				  of a telehealth practitioner to comply with this chapter shall constitute
				  unprofessional conduct and may be subject to disciplinary action by the
				  Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 39 - BOARD OF NURSING - CERTIFIED NURSING ASSISTANTS › Chapter 10.39.01 - Certification of Nursing Assistants › Section 10.39.01.02 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Fees are as
				  follows:
(1) Initial certification fee ...
				  $20;
(2) Endorsement fee ...
				  $20;
(3) Renewal fee ...
				  $40;
(4) Verification of
				  certification to another jurisdiction ... $25;
(5) Returned check fee ... $25;
(6) Duplicate certificate fee ...
				  $10.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 39 - BOARD OF NURSING - CERTIFIED NURSING ASSISTANTS › Chapter 10.39.01 - Certification of Nursing Assistants › Section 10.39.01.03 - General Provisions for Applications

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant shall submit:
(1) A completed application to the Board on
				  the form that the Board requires;
(2) To a criminal history records check
				  (CHRC) in accordance with Health Occupations Article, §
											8-303, Annotated
				  Code of Maryland;
(3) Written
				  evidence satisfactory to the Board that the applicant has submitted to a CHRC
				  as required by §A(2) of this regulation by submitting:
(a) Two sets of fingerprints, as required by
				  the Central Repository and the FBI; and
(b) All fees required by the Central
				  Repository and the FBI;
(4) Any documentation requested from the
				  applicant by the Board including, but not limited to, official certified or
				  true test court documents and a signed, dated explanation written by the
				  applicant, regarding the facts and circumstances, outcome, and current status
				  of any criminal history record information received by the Board:
(a) Under §A(2) of this
				  regulation;
(b) In an answer to a
				  question on the Board's application form; or
(c) From any other source; and
(5) Any additional documentation
				  requested by the Board if the documentation received from the applicant under
				  §A(4) of this regulation is incomplete or insufficient.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 39 - BOARD OF NURSING - CERTIFIED NURSING ASSISTANTS › Chapter 10.39.01 - Certification of Nursing Assistants › Section 10.39.01.04 - Qualifications of Applicants for Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant
				  for nursing assistant certification shall provide satisfactory evidence of
				  completing a CNA program that:
(1) Is approved
				  by the Board; or
(2) In another
				  state or territory meets the standards for an approved CNA training program
				  established by the Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 39 - BOARD OF NURSING - CERTIFIED NURSING ASSISTANTS › Chapter 10.39.01 - Certification of Nursing Assistants › Section 10.39.01.05 - Application for Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant
				  shall:
(1) Comply with all of the
				  requirements under Regulation .03A of this chapter, and
(2) Pay the required fee to the
				  Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 39 - BOARD OF NURSING - CERTIFIED NURSING ASSISTANTS › Chapter 10.39.01 - Certification of Nursing Assistants › Section 10.39.01.06 - Issuance of Certification

Current through Register Vol. 51, No. 14, July 12, 2024
The Board shall issue a certificate to each applicant
					 qualifying for certification if the applicant meets all the requirements of
					 this chapter. The initial certificate may not be issued for less than 90
					 days.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 39 - BOARD OF NURSING - CERTIFIED NURSING ASSISTANTS › Chapter 10.39.01 - Certification of Nursing Assistants › Section 10.39.01.07 - Renewal

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board shall
				  renew the certificate of each certificate holder who meets the requirements of
				  Health Occupations Article, §
										8-6A-08, Annotated
				  Code of Maryland and of this regulation.
B. The certificate holder shall renew the
				  certificate every 2 years by birth month according to the following schedule:
(1) A certificate holder with an odd-numbered
				  birth year shall always renew in an odd-numbered year not later than the 28th
				  day of the certificate holder's birth month; and
(2) A certificate holder with an
				  even-numbered birth year shall always renew in an even-numbered year not later
				  that the 28th day of the certificate holder's birth month.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 39 - BOARD OF NURSING - CERTIFIED NURSING ASSISTANTS › Chapter 10.39.01 - Certification of Nursing Assistants › Section 10.39.01.08 - Reinstatement

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board shall
				  reinstate the certificate of a former certificate holder who has failed to
				  renew the certificate for any reason, if the former certificate holder meets
				  the renewal requirements in Regulation .07 of this chapter.
B. An applicant for reinstatement who has
				  failed to renew the applicant's certificate for a period of 1 year or more is
				  required to submit to a criminal history records check before the certificate
				  is reinstated.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 39 - BOARD OF NURSING - CERTIFIED NURSING ASSISTANTS › Chapter 10.39.01 - Certification of Nursing Assistants › Section 10.39.01.09 - Categories of CNA

Current through Register Vol. 51, No. 14, July 12, 2024
A. Geriatric
				  Nursing Assistant.
(1) An applicant for
				  certification as a CNA shall have the status of GNA on the CNA certificate if
				  the applicant:
(a) Is certified as a
				  CNA;
(b) Passes the GNA-CE;
				  and
(c) Completes the registration
				  process and is listed on the MGNAR.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 39 - BOARD OF NURSING - CERTIFIED NURSING ASSISTANTS › Chapter 10.39.02 - Nursing Assistant Training Programs › Section 10.39.02.01 - Exclusions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The requirement
				  for program approval by the Maryland Higher Education Commission does not apply
				  to:
(1) Programs conducted by individuals,
				  firms, corporations, or other organizations exclusively for their own
				  employees;
(2) Apprenticeship and
				  other training offered by unions for their members; and
(3) Individual instructors who go to various
				  places to offer instruction to not more than one individual.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 39 - BOARD OF NURSING - CERTIFIED NURSING ASSISTANTS › Chapter 10.39.02 - Nursing Assistant Training Programs › Section 10.39.02.03 - Training Program Approval

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Approval Requirements.
(1) All training
				  programs shall be approved by the Board.
(2) In addition to the requirement stated in
				  §A(1) of this regulation, all programs shall be approved by the Maryland
				  Higher Education Commission or Department of Education except those excluded
				  under COMAR Title 13B.
(3) The
				  approval process shall be completed before the training program is
				  offered.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 39 - BOARD OF NURSING - CERTIFIED NURSING ASSISTANTS › Chapter 10.39.02 - Nursing Assistant Training Programs › Section 10.39.02.04 - Administration and Organization

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  facility offering the training program shall:
(1) Be accredited or approved by the
				  appropriate agency; and
(2) Have a
				  statement of equal opportunity.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 39 - BOARD OF NURSING - CERTIFIED NURSING ASSISTANTS › Chapter 10.39.02 - Nursing Assistant Training Programs › Section 10.39.02.05 - Faculty

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each course
				  instructor shall:
(1) Be a registered nurse
				  licensed to practice registered nursing in Maryland or have a multistate
				  licensure privilege to practice registered nursing in this State;
(2) Have a minimum of 2 years of nursing
				  experience, at least 1 year of which was in caring for the elderly or
				  chronically ill in the past 5 years; and
(3) Complete a course with a minimum of 16
				  hours of instruction in the principles of adult education, or have a minimum of
				  2 years of teaching experience.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 39 - BOARD OF NURSING - CERTIFIED NURSING ASSISTANTS › Chapter 10.39.02 - Nursing Assistant Training Programs › Section 10.39.02.06 - Resources, Facilities, and Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. Physical Facilities. The physical
				  facilities shall be adequate to meet the needs of the training program and
				  shall include the following:
(1) Adequate
				  space for privacy of faculty-student conferences;
(2) Classroom, laboratories, and conference
				  rooms; and
(3) Space for equipment
				  and instructional materials.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 39 - BOARD OF NURSING - CERTIFIED NURSING ASSISTANTS › Chapter 10.39.02 - Nursing Assistant Training Programs › Section 10.39.02.07 - Training Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. The training
				  program shall provide a minimum of 100 hours of instruction.
B. Of the 100 hours, a minimum of:
(1) 60 hours shall be devoted to didactic
				  instruction and classroom laboratory practice; and
(2) 40 hours shall be devoted to clinical
				  training experiences in a clinical facility.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 39 - BOARD OF NURSING - CERTIFIED NURSING ASSISTANTS › Chapter 10.39.02 - Nursing Assistant Training Programs › Section 10.39.02.08 - Evaluation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each training
				  program shall have an objective final examination that measures achievement of
				  the performance indicators.
B. To
				  successfully complete the program, each trainee shall:
(1) Complete the approved training
				  program;
(2) Demonstrate the
				  ability to perform nursing functions with clients of any age and with various
				  levels of physical, sensory, cognitive, and emotional ability;
(3) Pass a comprehensive written final
				  examination; and
(4) Demonstrate
				  competence in meeting the objectives and performance indicators contained in
				  the training requirements.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 39 - BOARD OF NURSING - CERTIFIED NURSING ASSISTANTS › Chapter 10.39.02 - Nursing Assistant Training Programs › Section 10.39.02.09 - Withdrawal of Approval

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Board's professional staff may visit a program annually and provide a report to
				  the Board.
B. The Board may
				  withdraw approval from any program:
(1) That
				  fails to comply with a requirement of this regulation;
(2) That discontinues its curriculum for a
				  period exceeding 6 months; or
(3)
				  Whose graduates achieve less than 90 percent of the national success rate on
				  the GNA-CE.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 39 - BOARD OF NURSING - CERTIFIED NURSING ASSISTANTS › Chapter 10.39.02 - Nursing Assistant Training Programs › Section 10.39.02.10 - Voluntary Closing

Current through Register Vol. 51, No. 14, July 12, 2024
A. When the
				  facility, institution, or individual considers closing a nursing assistant
				  training program, the facility, institution, or individual shall:
(1) Notify the Board in writing of the
				  intended closing date; and
(2)
				  Continue the program until the committed class schedule of currently enrolled
				  students is completed.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 39 - BOARD OF NURSING - CERTIFIED NURSING ASSISTANTS › Chapter 10.39.03 - Certified Medicine Aides › Section 10.39.03.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Board" means the Maryland Board of
				  Nursing.
(2) "Certificate" means a
				  certificate issued by the Board to practice as a nursing assistant in this
				  State.
(3) "Certified medicine aide
				  (CMA)" means an individual certified in good standing as an active CNA who:
(a) Satisfies the requirements of COMAR
				  10.39.03.02A;
				  and
(b) Is further certified by the
				  Board to accept delegation of administration of certain medications.
(4) Certified Nursing Assistant
				  (CNA).
(a) "Certified nursing assistant (CNA)"
				  means an individual who is certified by the Board to routinely perform nursing
				  tasks delegated by an RN or LPN for compensation.
(b) "Certified nursing assistant (CNA)" does
				  not include:
(i) A medication assistant or a
				  medication technician as defined in Health Occupations Article, § 8-6
				  A-01(f), Annotated Code of Maryland; or
(ii) An individual who merely provides
				  assistance with activities of daily living unless the client's needs are such
				  that adverse health consequences are predictable.
(5) "Controlled schedule drugs"
				  means drugs listed as Schedule I, II, III, IV, or V controlled dangerous
				  substances under Criminal Law Article, §§
											5-402 -5-406, Annotated
				  Code of Maryland.
(6) "Geriatric
				  nursing assistant (GNA)" has the meaning stated in COMAR 10.39.01.
(7) "Licensed practical nurse (LPN)" has the
				  meaning stated in Health Occupations Article, §
											8-101, Annotated
				  Code of Maryland.
(8) "Registered
				  nurse (RN)" has the meaning stated in Health Occupations Article, §
											8-101, Annotated
				  Code of Maryland.