reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 40 - STATE BOARD OF PHYSICAL THERAPY › Subchapter A - PHYSICAL THERAPISTS › SCOPE OF PRACTICE › Section 40.54 - Disclosure of financial or ownership interest-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Definitions
. The following words and terms, when used in this
						section, have the following meanings, unless the context clearly indicates
						otherwise:
(1)
Appliances or
						devices
-Gas, oxygen, therapy equipment, therapeutic equipment,
						instruments, syringes and their component parts or accessories, hearing aids,
						eyeglasses, contact lenses, prosthetic devices, orthotics, crutches and
						cervical collars.
(2)
Disclose to the patient
-The physical therapist makes known to
						the patient at the time a referral is made that the physical therapist has a
						financial or ownership interest in the facility or entity to which the patient
						is referred. The physical therapist shall also inform the patient of the
						patient's freedom to choose an alternate provider.
(3)
Facility or
						entity
-Another practitioner of the healing arts, licensed health care
						practitioner, partnership, association, group practice, business corporation
						and professional corporation not on the premises of the physical
						therapist.
(4)
Financial
						interest of the physical therapist or ownership by the physical therapist in
						the facility or entity
-A financial or ownership interest to any extent
						or degree including interest held by the physical therapist, the therapist's
						spouse or minor children. The term does not include employment by a hospital if
						the remuneration paid to the physical therapist is not contingent upon the
						therapist's referral of patients to hospital-related services.
(5)
Health-related
						services
-Radiologic services, physical therapy, occupational therapy,
						counseling, laboratory services and nursing home care.
(6)
Pharmaceutical
-A drug or
						pharmacy.
(7)
Practitioner
						of the healing arts
-A physical therapist.
(8)
Referral
-The act of
						prescribing, ordering, directing, redirecting or recommending to a patient a
						specific facility or entity which provides a health-related service, test,
						pharmaceutical, appliance or device, by means of prescription, recomended
						course of treatment, or direction concerning diagnostic or therapeutic
						treatment of services.
(9)
Test
-Laboratory work, radiologic tests, nuclear medicine
						scanning and other laboratory services.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 40 - STATE BOARD OF PHYSICAL THERAPY › Subchapter A - PHYSICAL THERAPISTS › SCOPE OF PRACTICE › Section 40.55 - Identification of physical therapists

Current through Register Vol. 54, No. 28, July 13, 2024
Physical therapists shall identify themselves to
						  patients as physical therapists.
The provisions of this §
														40.55 issued under section 3(a) of
							 the Physical Therapy Practice Act (63 P. S. §
															1303(a)); and section
							 812.1 of The Administrative Code
							 of 1929 (71 P. S. §
															279.3a).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 40 - STATE BOARD OF PHYSICAL THERAPY › Subchapter A - PHYSICAL THERAPISTS › PRACTICE WITHOUT REFERRAL › Section 40.61 - Certificate of authorization to practice physical therapy without a referral

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An applicant
						for certification of authorization to practice physical therapy without a
						referral of a licensed physician shall submit evidence satisfactory to the
						Board, on forms supplied by the Board, that the applicant has met the following
						requirements:
(1) Holds a current license to
						practice physical therapy in this Commonwealth.
(2) Has done one of the following:
(i) Passed the National Physical Therapy
						Examination (NPTE) after January 1, 1990.
(ii) Passed the NPTE prior to January 1,
						1990, and successfully completed, within 2 years prior to application, a Board
						approved course consisting of at least 10 hours on the appropriate evaluative
						and screening procedures to determine the need for further examination or
						consultation by a physician, dentist or podiatrist prior to initiating
						treatment without a referral. The Board will maintain a list of currently
						approved courses.
(3) Has
						done one of the following:
(i) Practiced
						physical therapy in the delivery of patient care on a continuous basis for at
						least 2 years immediately preceding the application for certificate of
						authorization.
(ii) Been licensed
						by endorsement and practiced physical therapy in the delivery of patient care
						as a licensed physical therapist in the other state on a continuous basis for
						at least 2 years immediately preceding the application for certificate of
						authorization.
(iii) Provided proof
						of meeting these practice requirements through any combination of subparagraphs
						(i) and (ii).
(iv) For purposes of
						this section, "practice of physical therapy on a continuous basis" is defined
						as a minimum of 200 hours each year in the delivery of direct patient
						care.
(4) Has obtained
						professional liability insurance under the requirements of §
													40.69 (relating to professional
						liability insurance).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 40 - STATE BOARD OF PHYSICAL THERAPY › Subchapter A - PHYSICAL THERAPISTS › PRACTICE WITHOUT REFERRAL › Section 40.62 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
														40.62 issued under section 3 of
							 the Physical Therapy Practice Act (63 P. S. §
															1303); and section
							 812.1 of The Administrative Code
							 of 1929 (71 P. S. §
															279.3a);
							 reserved under section 3(a) of the Physical Therapy Practice Act (63 P. S. §
															1303(a)); and section 16 of
							 the act of July 4, 2008 (P. L. 293, No.
							 38).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 40 - STATE BOARD OF PHYSICAL THERAPY › Subchapter A - PHYSICAL THERAPISTS › PROFESSIONAL LIABILITY INSURANCE › Section 40.69 - Professional liability insurance

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Professional liability insurance requirements
. As required
						under section 9(b)(4) of the act (63 P.S. §
													1309(b)(4)), a licensed
						physical therapist shall maintain professional liability insurance in the
						minimum amount of $1 million per occurrence or claims made as a condition of
						practicing as a physical therapist in this Commonwealth. Coverage may be
						provided through:
(1) A self-insurance plan
						that meets the standards and procedures established by the Insurance Department
						in 31 Pa. Code Chapter 243 (relating to medical malpractice and health-related
						self-insurance plans).
(2)
						Personally purchased professional liability insurance.
(3) Professional liability insurance,
						coverage provided by the licensee's employer.
(4) A similar type of coverage.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 40 - STATE BOARD OF PHYSICAL THERAPY › Subchapter C - PHYSICAL THERAPIST ASSISTANTS › GENERAL PROVISIONS › Section 40.151 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter implements section 9.1 of the act
						  (63
						  P. S. §
													1309.1) which provides for the
						  registration of physical therapist assistants.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 40 - STATE BOARD OF PHYSICAL THERAPY › Subchapter C - PHYSICAL THERAPIST ASSISTANTS › GENERAL PROVISIONS › Section 40.152 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						  subchapter, have the following meanings, unless the context clearly indicates
						  otherwise:
APTA
-The American Physical Therapy
						  Association.
Act
-The Physical Therapy Practice Act
						  (63
						  P.S. §§
													1301-1313).
CAPTE
-The Commission on Accreditation
						  in Physical Therapy Education.
FSBPT
-The Federation of State Boards
						  of Physical Therapy.
Indirect supervision
-Supervision of a
						  physical therapist assistant by a licensed physical therapist that is not
						  direct on-premises supervision, as authorized under section 9.1(c) of the act
						  (63
						  P.S. §
													1309.1(c)) and
						  this subchapter, including §
												40.173 (relating to supervision of
						  physical therapist assistant by licensed physical therapist).
Physical therapist assistant
-A person
						  who has been certified in accordance with the act and this subchapter to
						  provide services as a physical therapist assistant.
Physical therapist assistant certification
						  examination
-An examination adopted by the Board and administered in
						  accordance with section
						  812.1 of The Administrative Code
						  of 1929 (71 P.S. §
													279.3a). The
						  term also includes an examination administered by another state, territory or
						  the District of Columbia if it is the same examination adopted by the
						  Board.
Physical therapy independent private practice
						  outpatient facility
-
(i) A
						practice owned and operated by a licensee under the act, or by a licensee under
						the act and a health care practitioner, licensed by the Commonwealth, as
						permitted by law.
(ii) The term
						does not include a practice owned or affiliated with a hospital or healthcare
						system.
The provisions of this §
														40.152 amended under 3(a), 4(a),
							 6, 7.2, 9.1 and 11(a) of the Physical Therapy Practice Act (63 P. S.
							 §§
															1303(a),
							 1304(a), 1306, 1307.2, 1309.2
							 and 1311(a)); and section 16 of the act of July 4, 2008 (P. L. 293, No.
							 38).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 40 - STATE BOARD OF PHYSICAL THERAPY › Subchapter C - PHYSICAL THERAPIST ASSISTANTS › GENERAL PROVISIONS › Section 40.153 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 40 - STATE BOARD OF PHYSICAL THERAPY › Subchapter C - PHYSICAL THERAPIST ASSISTANTS › CERTIFICATION › Section 40.161 - Certification as physical therapist assistants; practice; exceptions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person may
						not perform or hold himself out as being able to perform as a physical
						therapist assistant in this Commonwealth unless the person is certified by the
						Board under section 9.1 of the act (63 P.S. §
													1309.1) and this subchapter or exempted under
						this section.
(b) A person or
						business entity may not use in connection with a business name or activity the
						words "physical therapist assistant," the letters "P.T.A." or similar words and
						related abbreviations to imply that physical therapist assistant services are
						being provided, unless the services are provided by a physical therapist
						assistant certified under the act and this subchapter.
(c) This subchapter does not prohibit
						physical therapist assistant students from assisting a physical therapist
						licensed to practice without restriction in this Commonwealth under the direct
						on-premises supervision of the physical therapist as is incidental to their
						course of study in a program which has been approved for the education and
						training for physical therapist assistants by CAPTE.
(d) Physical therapist assistants shall
						identify themselves to patients as physical therapist assistants.
The provisions of this §
														40.161 amended under sections
							 3(a), 4(a), 6, 7.2, 9.1 and 11(a) of the Physical Therapy Practice Act
							 (63
							 P.S. §§
															1303(a),
							 1304(a), 1306, 1307.2, 1309.1
							 and 1311(a)); section
							 812.1 of The Administrative Code
							 of 1929 (71 P.S. §
															279.3a); and
							 section 16 of the act of July 4, 2008 (P.L. 293, No.
							 38).
This section cited in 49 Pa. Code §
														40.165 (relating to authorization
							 to provide services as a physical therapist assistant under indirect
							 supervision); and 49 Pa. Code §
														40.166 (relating to temporary
							 certificate to provide services as a physical therapist
							 assistant).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 40 - STATE BOARD OF PHYSICAL THERAPY › Subchapter C - PHYSICAL THERAPIST ASSISTANTS › CERTIFICATION › Section 40.162 - Application for certification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						applicant shall submit evidence satisfactory to the Board, on forms supplied by
						the Board, that the applicant has met the following criteria. The applicant:
(1) Is at least 18 years of age, unless
						otherwise determined by the Board that the applicant has proved the capability
						to accept and handle the responsibilities appurtenant to
						certification.
(2) Is of good moral
						character.
(3) Is not addicted to
						the habitual use of alcohol, narcotics or other habit-forming drugs.
(4) Has met the professional requirements for
						certification under §
													40.163 (relating to requirements
						for certification).
(5) Has
						completed at least 3 hours of approved training in child abuse recognition and
						reporting in accordance with §
													40.208(a)
						(relating to child abuse recognition and reporting-mandatory training
						requirement).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 40 - STATE BOARD OF PHYSICAL THERAPY › Subchapter C - PHYSICAL THERAPIST ASSISTANTS › CERTIFICATION › Section 40.163 - Requirements for certification

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Under section 9.1(a) of the act (63 P.S. §
													1309.1(a)), an applicant for
						certification by examination shall submit evidence of the following:
(1) Graduation from a physical therapist
						assistant program which has been approved for the education and training of
						physical therapist assistants by CAPTE.
(2) A passing grade on the physical therapist
						assistant certification examination.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 40 - STATE BOARD OF PHYSICAL THERAPY › Subchapter C - PHYSICAL THERAPIST ASSISTANTS › CERTIFICATION › Section 40.164 - Physical therapist assistant certification examination

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Application procedure.
An applicant applying for certification by examination shall take the physical
						therapist assistant certification examination. The applicant who is taking the
						examination in this Commonwealth shall comply with the following:
(1) The applicant shall complete application
						forms for admission to the examination obtained from the Board and return the
						completed form with a check or money order for the appropriate fee.
(2) The applicant shall present the required
						credentials of professional education at the time of application.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 40 - STATE BOARD OF PHYSICAL THERAPY › Subchapter C - PHYSICAL THERAPIST ASSISTANTS › CERTIFICATION › Section 40.165 - Authorization to provide services as a physical therapist assistant under indirect supervision

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						applicant for a certificate of authority to provide services as a physical
						therapist assistant under indirect supervision by a licensed physical therapist
						shall submit to the Board on forms supplied by the Board a completed
						application, including all necessary supporting documents, and pay the fee in
						§
												40.5 (relating to fees) for
						initial application for certification to provide services under indirect
						supervision.
(b) Unless there are
						grounds to deny the application under §
												40.181 (relating to refusal,
						suspension or revocation of certification), the Board will grant a certificate
						of authority as described in this section to an applicant who:
(1) Demonstrates that the applicant satisfies
						the requirements in §§
													40.161-40.164.
(2) Demonstrates that the applicant satisfies
						the requirements of section
						9.1(c)(4) of the
						act (63 P.S. §
														1309.1(c)(4)) for
						certification to provide services as a physical therapist assistant under
						indirect supervision of a licensed physical therapist by either verifying that
						the applicant:
(i) Has at least 2,000 hours
						of experience providing patient-related acts and services while certified to do
						so under §§ 40.161-40.164 and this section or predecessor
						registration or equivalent authorization in another jurisdiction under the
						supervision of one or more licensed physical therapists, as verified by those
						physical therapists.
(ii) Worked as
						a physical therapist assistant for at least 3 years between October 2, 2003,
						and October 2, 2008, the 5-year period immediately preceding the effective date
						of section
						9.1(c)(4) of the
						act, and providing a detailed resume or other adequate documentation to
						corroborate the verification. Part-time work will be acceptable if it is at
						least equivalent to 3 years of full-time work.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 40 - STATE BOARD OF PHYSICAL THERAPY › Subchapter C - PHYSICAL THERAPIST ASSISTANTS › CERTIFICATION › Section 40.166 - Temporary certificate to provide services as a physical therapist assistant

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						applicant for a temporary certificate to provide services as a physical
						therapist assistant under section 9.1(a.1) of the act (63 P. S. §
													1309.1(a.1)) shall apply to the Board on
						forms provided by the Board including all necessary supporting documents and
						pay the fee in §
												40.5 (relating to fees) for
						application for temporary certificate to provide services as a physical
						therapist assistant.
(b) Unless
						there are grounds to deny the application under §
												40.181 (relating to refusal,
						suspension or revocation of certification), the Board will grant a temporary
						certificate as described in this section to an applicant who:
(1) Demonstrates that the applicant satisfies
						the requirements of §§
													40.161-40.164 except the certification
						examination requirement in §
													40.163(a)(2)
						(relating to requirements for certification).
(2) Has applied for certification to provide
						services as a physical therapist assistant in accordance with §§
						40.161-40.164 or § 40.165.
(3)
						Has not previously sat for the certification examination.
(4) Has not previously received a temporary
						certificate under this section.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 40 - STATE BOARD OF PHYSICAL THERAPY › Subchapter C - PHYSICAL THERAPIST ASSISTANTS › SCOPE OF ACTIVITIES › Section 40.171 - Functions of physical therapist assistants

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A physical therapist assistant may
						perform only activities for which the physical therapist assistant has received
						formal education and training, including the following activities:
(1) Providing patient-care services as
						specified in the patient's plan of care.
(2) Modifying treatment techniques as
						indicated in the patient's plan of care.
(3) Responding to acute changes in the
						patient's physiological state.
(4)
						Performing selected tests and measurements consistent with the physical
						therapist assistant's formal education and training.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 40 - STATE BOARD OF PHYSICAL THERAPY › Subchapter C - PHYSICAL THERAPIST ASSISTANTS › SCOPE OF ACTIVITIES › Section 40.173 - Supervision of physical therapist assistant by licensed physical therapist

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
						rule.
A physical therapist assistant may provide patient care services
						only under the supervision of a licensed physical therapist. Except as
						otherwise provided in the act or this subchapter, a physical therapist
						assistant may provide patient care services only under the direct on-premises
						supervision of a licensed physical therapist.
(b)
Supervision generally.
The required level of supervision depends upon the following factors:
(1) The performance of selected acts and
						services by the physical therapist assistant is the responsibility of the
						licensed physical therapist at all times.
(2) Supervision shall be based upon the
						following:
(i) The complexity and acuity of
						the patient's needs.
(ii) The
						proximity and accessibility of the licensed physical therapist to the certified
						physical therapist assistant.
(iii)
						The amount of supervision available in the event of an emergency or critical
						event.
(iv) The type of practice
						setting in which the service is provided.
(3) The supervising licensed physical
						therapist may determine and require that the physical therapist assistant
						provide services under greater supervision than would otherwise appear to be
						required under section 9.1(c)(3) of the act (63 P. S. §
														1309.1(c)(3)) or this
						section, including requiring that the physical therapist assistant provide
						services under direct on-premises supervision.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 40 - STATE BOARD OF PHYSICAL THERAPY › Subchapter D - CHILD ABUSE REPORTING REQUIREMENTS › Section 40.202 - Suspected child abuse-mandated reporting requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
. Under
					 23 Pa.C.S. §
												6311
					 (relating to persons required to report suspected child abuse), all physical
					 therapists and physical therapist assistants are considered mandated reporters.
					 A mandated reporter shall make a report of suspected child abuse in accordance
					 with this section if the mandated reporter has reasonable cause to suspect that
					 a child is a victim of child abuse under any of the following circumstances:
(1) The mandated reporter comes into contact
					 with the child in the course of employment, occupation and practice of the
					 profession or through a regularly scheduled program, activity or
					 service.
(2) The mandated reporter
					 is directly responsible for the care, supervision, guidance or training of the
					 child, or is affiliated with an agency, institution, organization, school,
					 regularly established church or religious organization or other entity that is
					 directly responsible for the care, supervision, guidance or training of the
					 child.
(3) A person makes a
					 specific disclosure to the mandated reporter that an identifiable child is the
					 victim of child abuse.
(4) An
					 individual 14 years of age or older makes a specific disclosure to the mandated
					 reporter that the individual has committed child abuse.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 40 - STATE BOARD OF PHYSICAL THERAPY › Subchapter D - CHILD ABUSE REPORTING REQUIREMENTS › Section 40.203 - Photographs, medical tests and X-rays of child subject to report

Current through Register Vol. 54, No. 28, July 13, 2024
A physical therapist or physical therapist assistant may
						take or cause to be taken photographs of the child who is subject to a report
						and, if clinically indicated, cause to be performed a radiological examination
						and other medical tests on the child. Medical summaries or reports of the
						photographs, X-rays and relevant medical tests taken shall be sent to the
						county children and youth social service agency at the time the written report
						is sent, or within 48 hours after an electronic report is made under §
											40.202(c)(2)
						(relating to suspected child abuse-mandated reporting requirements), or as soon
						thereafter as possible. The county children and youth social service agency
						shall have access to actual photographs or duplicates and X-rays and may obtain
						them or duplicates of them upon request.
The provisions of this §
													40.203 amended under section 3(a)
						  of the Physical Therapy Practice Act (63 P.S. §
														1303(a)); section 16 of the
						  act of July 4, 2008 (P.L. 293, No. 38); and
						  23 Pa.C.S. §
														6383(b)(2).
This section cited in 49 Pa. Code §
													40.205 (relating to immunity from
						  liability); 49 Pa. Code §
													40.206 (relating to
						  confidentiality-waived); and 49 Pa. Code §
													40.207 (relating to
						  noncompliance).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 40 - STATE BOARD OF PHYSICAL THERAPY › Subchapter D - CHILD ABUSE REPORTING REQUIREMENTS › Section 40.204 - Suspected death as a result of child abuse-mandated reporting requirement

Current through Register Vol. 54, No. 28, July 13, 2024
A physical therapist or physical therapist assistant who
						has reasonable cause to suspect that a child died as a result of child abuse
						shall report that suspicion to the coroner or medical examiner of the county
						where death occurred or, in the case where the child is transported to another
						county for medical treatment, to the coroner or medical examiner of the county
						where the injuries were sustained.
The provisions of this §
													40.204 amended under section 3(a)
						  of the Physical Therapy Practice Act (63 P.S. §
														1303(a)); section 16 of the
						  act of July 4, 2008 (P.L. 293, No. 38); and
						  23 Pa.C.S. §
														6383(b)(2).
This section cited in 49 Pa. Code §
													40.205 (relating to immunity from
						  liability); 49 Pa. Code §
													40.206 (relating to
						  confidentiality-waived); and 49 Pa. Code §
													40.207 (relating to
						  noncompliance).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 40 - STATE BOARD OF PHYSICAL THERAPY › Subchapter D - CHILD ABUSE REPORTING REQUIREMENTS › Section 40.205 - Immunity from liability

Current through Register Vol. 54, No. 28, July 13, 2024
Under
						23 Pa.C.S. §
												6318
						(relating to immunity from liability) a physical therapist or physical
						therapist assistant who participates in good faith in the making of a report of
						suspected child abuse, making a referral for general protective services,
						cooperating or consulting with an investigation including providing information
						to a child fatality or near fatality review team, testifying in a proceeding
						arising out of an instance of suspected child abuse or general protective
						services or engaging in any action authorized under
						23 Pa.C.S. §§
												6314-6317, shall have immunity from civil and
						criminal liability that might otherwise result by reason of the physical
						therapist's or physical therapist assistant's actions. For the purpose of any
						civil or criminal proceeding, the good faith of the physical therapist or
						physical therapist assistant shall be presumed. The Board will uphold the same
						good faith presumption in any disciplinary proceeding that might result by
						reason of a physical therapist's or physical therapist assistant's actions
						under §§
											40.202-40.204 (relating to suspected
						child abuse-mandated reporting requirements; photographs, medical tests and
						X-rays of child subject to report; and suspected death as a result of child
						abuse-mandated reporting requirement).
The provisions of this §
													40.205 amended under section 3(a)
						  of the Physical Therapy Practice Act (63 P.S. §
														1303(a)); section 16 of the
						  act of July 4, 2008 (P.L. 293, No. 38); and
						  23 Pa.C.S. §
														6383(b)(2).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 40 - STATE BOARD OF PHYSICAL THERAPY › Subchapter D - CHILD ABUSE REPORTING REQUIREMENTS › Section 40.206 - Confidentiality-waived

Current through Register Vol. 54, No. 28, July 13, 2024
To protect children from abuse, the reporting
						requirements of §§
											40.202-40.204 (relating to suspected
						child abuse-mandated reporting requirements; photographs, medical tests and
						X-rays of child subject to report; and suspected death as a result of child
						abuse-mandated reporting requirement) take precedence over the confidentiality
						provisions in §
											40.52(c)
						(relating to unprofessional conduct; physical therapists) and any other client
						confidentiality, ethical principle or professional standard that might
						otherwise apply. In accordance with
						23 Pa.C.S. §
												6311.1
						(relating to privileged communications), privileged communications between a
						mandated reporter and a patient does not apply to a situation involving child
						abuse and does not relieve the mandated reporter of the duty to make a report
						of suspected child abuse.
The provisions of this §
													40.206 amended under section 3(a)
						  of the Physical Therapy Practice Act (63 P.S. §
														1303(a)); and
						  23 Pa.C.S. §
														6383(b)(2).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 40 - STATE BOARD OF PHYSICAL THERAPY › Subchapter D - CHILD ABUSE REPORTING REQUIREMENTS › Section 40.207 - Noncompliance

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Disciplinary action
. A physical therapist or physical
					 therapist assistant who willfully fails to comply with the reporting
					 requirements in §§
											40.202-40.204 (relating to suspected
					 child abuse-mandated reporting requirements; photographs, medical tests and
					 X-rays of child subject to report; and suspected death as a result of child
					 abuse-mandated reporting requirement) will be subject to disciplinary action
					 under section 11 of the act (63 P.S. §
												1311).
(b)
Criminal penalties
.
					 Under
					 23 Pa.C.S. §
												6319
					 (relating to penalties), a physical therapist or physical therapist assistant
					 who is required to report a case of suspected child abuse or to make a referral
					 to the appropriate authorities and who willfully fails to do so commits a
					 criminal offense, as follows:
(1) An offense
					 not otherwise specified in paragraphs (2), (3) or (4) is a misdemeanor of the
					 second degree.
(2) An offense is a
					 felony of the third degree if all of the following apply:
(i) The mandated reporter willfully fails to
					 report.
(ii) The child abuse
					 constitutes a felony of the first degree or higher.
(iii) The mandated reporter has direct
					 knowledge of the nature of the abuse.
(3) If the willful failure to report
					 continues while the mandated reporter knows or has reasonable cause to suspect
					 a child is being subjected to child abuse by the same individual, or while the
					 mandated reporter knows or has reasonable cause to suspect that the same
					 individual continues to have direct contact with children through the
					 individual's employment, program, activity or service, the mandated reporter
					 commits a felony of the third degree, except that if the child abuse
					 constitutes a felony of the first degree or higher, the mandated reporter
					 commits a felony of the second degree.
(4) A mandated reporter who, at the time of
					 sentencing for an offense under
					 23 Pa.C.S. §
													6319,
					 has been convicted of a prior offense under
					 23 Pa.C.S. §
													6319,
					 commits a felony of the third degree, except that if the child abuse
					 constitutes a felony of the first degree or higher, the penalty for the second
					 or subsequent offense is a felony of the second degree.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 40 - STATE BOARD OF PHYSICAL THERAPY › Subchapter D - CHILD ABUSE REPORTING REQUIREMENTS › Section 40.209 - Child abuse recognition and reporting course approval process

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An individual,
					 entity or organization may apply for approval to provide mandated reporter
					 training as required under
					 23 Pa.C.S. §
												6383(b) (relating to
					 education and training) by submitting the course materials set forth in
					 subsection (b) simultaneously to the Department of Human Services, Office of
					 Children, Youth and Families and to the Bureau at the following addresses:
(1) Department of Human Services, Office of
					 Children, Youth and Families, Health and Welfare Building, 625 Forster Street,
					 Harrisburg, PA 17120; or electronically at RA-PWOCYFCPSL@pa.gov.
(2) Bureau of Professional and Occupational
					 Affairs, 2601 North Third Street, P.O. Box 2649, Harrisburg, PA 17105-2649; or
					 electronically at RA-stcpsl_course_app@pa.gov.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 40 - STATE BOARD OF PHYSICAL THERAPY › Subchapter E - SEXUAL MISCONDUCT › Section 40.302 - Procedural matters

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The consent
					 of the patient to any sexual impropriety or sexual violation is not a defense
					 to any disciplinary charge for violation of the act or this chapter.
(b) Evidence of specific instances, opinion
					 evidence or reputation evidence of a patient's past sexual conduct is not
					 admissible in proceedings brought under §§
											40.52 and
					 40.181 (relating to unprofessional
					 conduct; physical therapists; and refusal, suspension or revocation of
					 registration). The Board may consider sexual relationships between the physical
					 therapist or the physical therapist assistant and the patient occurring prior
					 to the professional relationship.
(c) A physical therapist or the physical
					 therapist assistant who attempts to raise as a defense an argument that conduct
					 prohibited as a sexual violation or sexual impropriety was necessary or
					 appropriate to the treatment of any patient shall be required to demonstrate
					 the relevancy of the conduct in question to the patient's condition or
					 diagnosis. Appropriate discussions of sexual matters between a physical
					 therapist or the physical therapist assistant and a patient shall be fully
					 documented in patient records.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 40 - STATE BOARD OF PHYSICAL THERAPY › Subchapter E - SEXUAL MISCONDUCT › Section 40.303 - Impaired professional program

Current through Register Vol. 54, No. 28, July 13, 2024
When the Board is empowered to take disciplinary or
						corrective action against a physical therapist or the physical therapist
						assistant for conduct defined as a sexual violation or sexual impropriety, the
						physical therapist or physical therapist assistant will not be eligible for
						placement into an impaired professional program under section 13 of the act
						(63
						P. S. §
												1313).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 40 - STATE BOARD OF PHYSICAL THERAPY › Subchapter E - SEXUAL MISCONDUCT › Section 40.304 - Disciplinary action

Current through Register Vol. 54, No. 28, July 13, 2024
A physical therapist or physical therapist assistant who
						engages in sexual impropriety or sexual violation as defined in §
											40.301 (relating to definitions)
						will be subject to disciplinary action under §§
											40.52 and
						40.181(a)(6)
						(relating to unprofessional conduct; physical therapists; and refusal,
						suspension or revocation of registration) and section 11 of the act
						(63
						P. S. §
												1311).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 41 - STATE BOARD OF PSYCHOLOGY › GENERAL › Section 41.2 - Applicability of general rules

Current through Register Vol. 54, No. 28, July 13, 2024
Under 1 Pa. Code §
											31.1 (relating to scope of part) 1
						Pa. Code Part II (relating to general rules of administrative practice and
						procedure) is applicable to the activities of and proceedings before the
						Board.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 41 - STATE BOARD OF PSYCHOLOGY › GENERAL › Section 41.3 - Licensee's change of name or address; service of process and legal papers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A licensee's
					 name on file with the Board shall be the name that appears on the license
					 unless that name is legally changed, in which case the licensee shall report
					 the change and the reason therefor to the Board in writing within 10
					 days.
(b) A licensee who changes an
					 address on file with the Board shall notify the Board in writing within 10
					 days. Licensees who do not comply with this subsection shall bear full
					 responsibility for failure to receive correspondence from the Board, including
					 biennial renewal notifications.
(c)
					 A licensee's most recent name and address on file with the Board shall be
					 deemed the licensee's official name and address for the purposes of service of
					 process and other legal papers.
The provisions of this §
													41.3 issued under section
						  3.2(2) of the
						  Professional Psychologists Practice Act (63 P. S. §
														1203.2(2)).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 41 - STATE BOARD OF PSYCHOLOGY › GENERAL › Section 41.4 - Board address

Current through Register Vol. 54, No. 28, July 13, 2024
The address of the Board is State Board of Psychology,
						Post Office Box 2649, Harrisburg, Pennsylvania 17105-2649.
The provisions of this §
													41.4 issued under section
						  3.2(2) of the
						  Professional Psychologists Practice Act (63 P. S. §
														1203.2(2)).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 41 - STATE BOARD OF PSYCHOLOGY › GENERAL › Section 41.7 - Qualified members of other recognized professions-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Background
. Section 3(3) of the act (63 P. S. §
												1203(3)) provides that
					 "qualified members of other recognized professions . . . [may do] work of a
					 psychological nature, consistent with the training and the code of ethics of
					 their respective professions." This policy statement announces the principles
					 and standards the Board intends to apply when persons alleged to be practicing
					 psychology without a license rely on section 3(3) of the act as exempting them
					 from licensure.
(b)
Recognized professions
. For purposes of deciding whether a
					 given group qualifies as a recognized profession under section 3(3) of the act,
					 the Board will be guided by the criteria in paragraphs (1)-(4).
(1) The group's activity and focus must be
					 based on an identifiable body of theoretical knowledge which, although it may
					 include areas of common knowledge shared with psychology, is demonstrably
					 different, in the aggregate, from the body of theoretical knowledge underlying
					 psychology.
(2) The group must
					 regulate entrance into professional membership by means of standards of
					 knowledge, training and proficiency generally accepted by the profession with
					 which it identifies.
(3) The
					 group's activity must be guided by generally accepted quality standards,
					 ethical principles and requirements for an independent profession.
(4) The group must exhibit the ordinary
					 accoutrements of a profession, which may include, but are not limited to,
					 professional journals, regional and national conferences, specific academic
					 curricula and degrees, continuing education opportunities, regional and
					 national certification and awards for outstanding practice within the
					 profession.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 41 - STATE BOARD OF PSYCHOLOGY › LICENSES › Section 41.11 - Licenses

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To be
					 considered for admission to the examination provided in the act, an applicant
					 shall first file with the Board or its designee:
(1) A completed application form and the
					 application fee.
(2) Official
					 transcripts of graduate work from an accredited college or
					 university.
(3) A criminal history
					 records information report completed by the Pennsylvania State Police dated
					 within 90 days of the application. If the applicant resides outside of this
					 Commonwealth, the criminal history report shall be completed by the law
					 enforcement agency responsible for criminal history reports in the jurisdiction
					 where the applicant resides.
(4)
					 Child abuse history clearance completed by the Department of Human Services
					 dated within 90 days of the application.
(5) An internship verification form and job
					 description.
(6) Other forms or
					 materials requested by the Board.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 41 - STATE BOARD OF PSYCHOLOGY › LICENSES › Section 41.12 - Fees

Current through Register Vol. 54, No. 28, July 13, 2024
The schedule of fees charged by the Board is as
						follows:
Initial application
								  fee............................................
$105
Reapplication fee-first time examination
								  failure..............................
$20
Reapplication fee-subsequent examination
								  failure.......................
$90
Certification
								  fee..........................................................
$25
Verification
								  fee..........................................................
$15
Biennial renewal
								  fee................................................
$300
Application fee-continuing education sponsor/
								  provider approval...
$165
Fictitious/corporate name
								  registration...................................
$80
The provisions of this §
													41.12 issued under sections
						  476.1 and
						  812.1 of The Administrative Code
						  of 1929 (71 P.S. §§
														180-6.1
						  (Repealed) and 279.3a); sections 6(a)(4) and 15 of the Professional
						  Psychologists Practice Act (63 P.S. §§
														1206(a)(4) and
						  1215); and the Bureau of
						  Professional and Occupational Affairs Fee Act (63 P.S. §§
														1401-201,
						  1401-221 and
						  1401-401); amended under
						  sections 3.2(2), 3.3(a) and 6 of the Professional Psychologists Practice Act
						  (63
						  P.S. §§
														1203.2(2),
						  1203.3(a) and 1206); and
						  section 812.1 of The Administrative Code
						  of 1929 (71 P.S. §
														279.3a).
This section cited in 49 Pa. Code §
													41.11 (relating to licenses); 49
						  Pa. Code §
													41.42 (relating to reexamination);
						  49 Pa. Code §
													41.52 (relating to persons
						  licensed in other states); and 49 Pa. Code §
													41.52a (relating to licensure by
						  endorsement).