reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 112 - BOARD OF PHYSICAL THERAPY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF PHYSICAL THERAPY › Part I - General Provisions › Section 18VAC112-20-25 - Current name and address

Current through Register Vol. 40, No. 24, July 15, 2024
Each licensee shall furnish the board his current name and
					 address of record. All notices required by law or by this chapter to be given
					 by the board to any licensee shall be validly given when sent to the latest
					 address of record provided or when served to the licensee. Any change of name
					 or change in the address of record or the public address, if different from the
					 address of record, shall be furnished to the board within 30 days of such
					 change.
Statutory Authority: §§
												54.1-2400
						and
						54.1-3474
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 112 - BOARD OF PHYSICAL THERAPY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF PHYSICAL THERAPY › Part I - General Provisions › Section 18VAC112-20-26 - Criteria for delegation of informal fact-finding proceedings to an agency subordinate

Current through Register Vol. 40, No. 24, July 15, 2024
A. Decision
				  to delegate. In accordance with § 54.1-2400(10) of the Code of Virginia,
				  the board may delegate an informal fact-finding proceeding to an agency
				  subordinate upon determination that probable cause exists that a practitioner
				  may be subject to a disciplinary action.
B. Criteria for delegation. Cases that may
				  not be delegated to an agency subordinate include, but are not limited to,
				  those that involve:
1. Intentional or
				  negligent conduct that causes or is likely to cause injury to a
				  patient;
2. Mandatory suspension
				  resulting from action by another jurisdiction or a felony conviction;
3. Impairment with an inability to practice
				  with skill and safety;
4. Sexual
				  misconduct;
5. Unauthorized
				  practice.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 112 - BOARD OF PHYSICAL THERAPY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF PHYSICAL THERAPY › Part I - General Provisions › Section 18VAC112-20-27 - Fees

Current through Register Vol. 40, No. 24, July 15, 2024
A. Unless otherwise
				  provided, fees listed in this section shall not be refundable.
B. Licensure by examination.
1. The application fee shall be $140 for a
				  physical therapist and $100 for a physical therapist assistant.
2. The fees for taking all required
				  examinations shall be paid directly to the examination services.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 112 - BOARD OF PHYSICAL THERAPY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF PHYSICAL THERAPY › Part II - Licensure: General Requirements › Section 18VAC112-20-30 - General requirements

Current through Register Vol. 40, No. 24, July 15, 2024
Licensure as a physical therapist or physical therapist
					 assistant shall be by examination or by endorsement.
Statutory Authority
§§ 54.1-2400 and 54.1-3475 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 112 - BOARD OF PHYSICAL THERAPY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF PHYSICAL THERAPY › Part II - Licensure: General Requirements › Section 18VAC112-20-40 - Education requirements: graduates of approved programs

Current through Register Vol. 40, No. 24, July 15, 2024
A. An applicant for licensure who is a
				  graduate of an approved program shall submit documented evidence of his
				  graduation from such a program with the required application and fee.
B. If an applicant is a graduate of an
				  approved program located outside of the United States or Canada, he shall
				  provide proof of proficiency in the English language by passing TOEFL and TSE
				  or the TOEFL iBT, the Internet-based tests of listening, reading, speaking and
				  writing by a score determined by the board or an equivalent examination
				  approved by the board. TOEFL iBT or TOEFL and TSE may be waived upon evidence
				  that the applicant's physical therapy program was taught in English or that the
				  native tongue of the applicant's nationality is English.
Statutory Authority
§ 54.1-2400 and Chapter 34.1 (§ 54.1-3473 et
						seq.) of Title 54.1 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 112 - BOARD OF PHYSICAL THERAPY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF PHYSICAL THERAPY › Part II - Licensure: General Requirements › Section 18VAC112-20-50 - Education requirements: graduates of schools not approved by an accrediting agency approved by the board

Current through Register Vol. 40, No. 24, July 15, 2024
A. An applicant for initial licensure as a
				  physical therapist who is a graduate of a school not approved by an accrediting
				  agency approved by the board shall submit the required application and fee and
				  provide documentation of the physical therapist's certification by a report
				  from the FCCPT or of the physical therapist eligibility for licensure as
				  verified by a report from any other credentialing agency approved by the board
				  that substantiates that the physical therapist has been evaluated in accordance
				  with requirements of subsection B of this section.
B. The board shall only approve a
				  credentialing agency that:
1. Utilizes the
				  FSBPT Coursework Evaluation Tool for Foreign Educated Physical Therapists, as
				  required to sit for FSBPT examination, and utilizes original source documents
				  to establish substantial equivalency to an approved physical therapy
				  program;
2. Conducts a review of
				  any license or registration held by the physical therapist in any country or
				  jurisdiction to ensure that the license or registration is current and
				  unrestricted or was unrestricted at the time it expired or was lapsed; and
3. Verifies English language
				  proficiency by passage of the TOEFL and TSE examination or the TOEFL iBT, the
				  Internet-based tests of listening, reading, speaking, and writing or by review
				  of evidence that the applicant's physical therapy program was taught in English
				  or that the native tongue of the applicant's nationality is English.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 112 - BOARD OF PHYSICAL THERAPY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF PHYSICAL THERAPY › Part II - Licensure: General Requirements › Section 18VAC112-20-60 - Requirements for licensure by examination

Current through Register Vol. 40, No. 24, July 15, 2024
Every applicant for initial licensure by examination shall
					 submit:
1. Documentation of having met
				  the educational requirements specified in
				  18VAC112-20-40
				  or
				  18VAC112-20-50;
2. The required application, fees, and
				  credentials to the board, including a criminal history background check as
				  required by §
										54.1-3484
				  of the Code of Virginia; and
3.
				  Documentation of passage of the national examination as prescribed by the
				  board.
Statutory Authority: §
												54.1-2400
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 112 - BOARD OF PHYSICAL THERAPY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF PHYSICAL THERAPY › Part II - Licensure: General Requirements › Section 18VAC112-20-65 - Requirements for licensure by endorsement

Current through Register Vol. 40, No. 24, July 15, 2024
A. A physical therapist or physical therapist
				  assistant who holds a current, unrestricted license in the United States, its
				  territories, the District of Columbia, or Canada may be licensed in Virginia by
				  endorsement.
B. An applicant for
				  licensure by endorsement shall submit:
1.
				  Documentation of having met the educational requirements prescribed in
				  18VAC112-20-40
				  or
				  18VAC112-20-50.
				  In lieu of meeting such requirements, an applicant may provide evidence of
				  clinical practice consisting of at least 2,500 hours of patient care during the
				  five years immediately preceding application for licensure in Virginia with a
				  current, unrestricted license issued by another United States
				  jurisdiction;
2. The required
				  application, fees, and credentials to the board, including a criminal history
				  background check as required by §
											54.1-3484
				  of the Code of Virginia;
3. A
				  current report from the Healthcare Integrity and Protection Data
				  Bank;
4. Evidence of completion of
				  15 hours of continuing education for each year in which the applicant held a
				  license in another United States jurisdiction, or 60 hours obtained within the
				  past four years;
5. Documentation
				  of passage of an examination equivalent to the Virginia examination at the time
				  of initial licensure or documentation of passage of an examination required by
				  another state at the time of initial licensure in that state; and
6. Documentation of active practice in
				  physical therapy in another United States jurisdiction for at least 320 hours
				  within the four years immediately preceding his application for licensure. A
				  physical therapist who does not meet the active practice requirement shall:
a. Successfully complete 320 hours in a
				  traineeship in accordance with requirements in
				  18VAC112-20-140;
				  or
b. Document that he attained at
				  least Level 2 on the FSBPT assessment tool within the two years preceding
				  application for licensure in Virginia and successfully complete 160 hours in a
				  traineeship in accordance with the requirements in
				  18VAC112-20-140.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 112 - BOARD OF PHYSICAL THERAPY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF PHYSICAL THERAPY › Part II - Licensure: General Requirements › Section 18VAC112-20-70 - Traineeship for unlicensed graduate scheduled to sit for the national examination

Current through Register Vol. 40, No. 24, July 15, 2024
A. Upon
				  approval of the president of the board or his designee, an unlicensed graduate
				  who is registered with the Federation of State Boards of Physical Therapy to
				  sit for the national examination may be employed as a trainee under the direct
				  supervision of a licensed physical therapist until the results of the national
				  examination are received.
B. The
				  traineeship, which shall be in accordance with requirements in
				  18VAC112-20-140,
				  shall terminate five working days following receipt by the candidate of the
				  licensure examination results.
C.
				  The unlicensed graduate may reapply for a new traineeship while awaiting to
				  take the next examination, provided he has registered to retake the
				  examination. A new traineeship shall not be approved if more than one year has
				  passed following the receipt of the first examination results. An unlicensed
				  graduate who has passed the examination may be granted a new traineeship for
				  the period between passage of the examination and granting of a license. An
				  unlicensed graduate shall not be granted more than three traineeships within
				  the one year following the receipt of the first examination results.
Statutory Authority: §§
												54.1-2400
						and
						54.1-3474
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 112 - BOARD OF PHYSICAL THERAPY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF PHYSICAL THERAPY › Part II - Licensure: General Requirements › Section 18VAC112-20-81 - Requirements for direct access certification

Current through Register Vol. 40, No. 24, July 15, 2024
A. An applicant for certification to provide
				  services to patients without a referral as specified in § 54.1-3482.1 of
				  the Code of Virginia shall hold an active, unrestricted license as a physical
				  therapist in Virginia and shall submit evidence satisfactory to the board that
				  he has one of the following qualifications:
1. Completion of a transitional program in
				  physical therapy as recognized by the board; or
2. At least three years of postlicensure,
				  active practice with evidence of 15 contact hours of continuing education in
				  medical screening or differential diagnosis, including passage of a postcourse
				  examination. The required continuing education shall be offered by a provider
				  or sponsor listed as approved by the board in
				  18VAC112-20-131 and may be
				  face-to-face or online education courses.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 112 - BOARD OF PHYSICAL THERAPY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF PHYSICAL THERAPY › Part II - Licensure: General Requirements › Section 18VAC112-20-82 - Requirements for a compact privilege

Current through Register Vol. 40, No. 24, July 15, 2024
To obtain a compact privilege to practice physical therapy
					 in Virginia, a physical therapist or physical therapist assistant licensed in a
					 remote state shall comply with the rules adopted by the Physical Therapy
					 Compact Commission in effect at the time of application to the
					 commission.
Statutory Authority: §
												54.1-2400
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 112 - BOARD OF PHYSICAL THERAPY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF PHYSICAL THERAPY › Part II - Licensure: General Requirements › Section 18VAC112-20-90 - General responsibilities

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  The physical therapist shall be responsible for managing all aspects of the
				  physical therapy care of each patient and shall provide:
1. The initial evaluation for each patient
				  and its documentation in the patient record;
2. Periodic reevaluation, including
				  documentation of the patient's response to therapeutic intervention;
				  and
3. The documented status of the
				  patient at the time of discharge, including the response to therapeutic
				  intervention. If a patient is discharged from a health care facility without
				  the opportunity for the physical therapist to reevaluate the patient, the final
				  note in the patient record may document patient status.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 112 - BOARD OF PHYSICAL THERAPY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF PHYSICAL THERAPY › Part II - Licensure: General Requirements › Section 18VAC112-20-100 - Supervisory responsibilities

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  A physical therapist shall be fully responsible for any action of persons
				  performing physical therapy functions under the physical therapist's
				  supervision or direction.
B.
				  Support personnel shall only perform routine assigned physical therapy tasks
				  under the direct supervision of a licensed physical therapist or a licensed
				  physical therapist assistant, who shall only assign those tasks or activities
				  that are nondiscretionary and do not require the exercise of professional
				  judgment.
C. A physical therapist
				  shall provide direct supervision to no more than three individual trainees or
				  students at any one time.
D. A
				  physical therapist shall provide direct supervision to a student in an approved
				  program who is satisfying clinical educational requirements in physical
				  therapy. A physical therapist or a physical therapist assistant shall provide
				  direct supervision to a student in an approved program for physical therapist
				  assistants.
E. A physical therapist
				  shall provide direct supervision to a student who is satisfying clinical
				  educational requirements in physical therapy in a nonapproved physical
				  therapist program that has been granted the Candidate for Accreditation status
				  from CAPTE. Either a physical therapist or physical therapist assistant shall
				  provide direct supervision to a student who is satisfying clinical education
				  requirements in a nonapproved physical therapist assistant program that has
				  been granted the Candidate for Accreditation status from CAPTE.
Statutory Authority: §§
												54.1-2400
						and
						54.1-3474
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 112 - BOARD OF PHYSICAL THERAPY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF PHYSICAL THERAPY › Part II - Licensure: General Requirements › Section 18VAC112-20-120 - Responsibilities to patients

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  initial patient encounter shall be made by the physical therapist for
				  evaluation of the patient and establishment of a plan of care.
B. The physical therapist assistant's first
				  encounter with the patient shall only be made after verbal or written
				  communication with the physical therapist regarding patient status and plan of
				  care. Documentation of such communication shall be made in the patient's
				  record.
C. Documentation of
				  physical therapy interventions shall be recorded on a patient's record by the
				  physical therapist or physical therapist assistant providing the
				  care.
D. The physical therapist
				  shall reevaluate the patient as needed, but not less than according to the
				  following schedules:
1. For inpatients in
				  hospitals as defined in §
											32.1-123 of the Code
				  of Virginia, it shall be not less than once every seven consecutive
				  days.
2. For patients in other
				  settings, it shall be not less than one of 12 encounters made to the patient
				  during a 30-day period, or once every 30 days from the last reevaluation,
				  whichever occurs first.
3. For
				  patients who have been receiving physical therapy care for the same condition
				  or injury for six months or longer, it shall be at least every 90 days from the
				  last reevaluation.
Failure to abide by this subsection due to the absence of
					 the physical therapist in case of illness, vacation, or professional meeting
					 for a period not to exceed five consecutive days will not constitute a
					 violation of these provisions.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 112 - BOARD OF PHYSICAL THERAPY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF PHYSICAL THERAPY › Part II - Licensure: General Requirements › Section 18VAC112-20-121 - Practice of dry needling

Current through Register Vol. 40, No. 24, July 15, 2024
A. Dry needling
				  is not an entry level skill but an advanced procedure that requires additional
				  post-graduate training.
1. The training shall
				  be specific to dry needling and shall include emergency preparedness and
				  response, contraindications and precautions, secondary effects or
				  complications, palpation and needle techniques, and physiological
				  responses.
2. The training shall
				  consist of didactic and hands-on laboratory education and shall include passage
				  of a theoretical and practical examination. The hands-on laboratory education
				  shall be face-to-face.
3. The
				  training shall be in a course approved or provided by a sponsor listed in
				  subsection B of
				  18VAC112-20-131.
4. The practitioner shall not perform dry
				  needling beyond the scope of the highest level of the practitioner's
				  training.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 112 - BOARD OF PHYSICAL THERAPY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF PHYSICAL THERAPY › Part II - Licensure: General Requirements › Section 18VAC112-20-130 - Biennial renewal of license

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  A physical therapist and physical therapist assistant who intends to continue
				  practice shall renew his license biennially by December 31 in each
				  even-numbered year and pay to the board the renewal fee prescribed in
				  18VAC112-20-27.
B. A licensee whose licensure has not been
				  renewed by the first day of the month following the month in which renewal is
				  required shall pay a late fee as prescribed in
				  18VAC112-20-27.
C. In order to renew an active license, a
				  licensee shall be required to:
1. Complete a
				  minimum of 160 hours of active practice in the preceding two years;
				  and
2. Comply with continuing
				  competency requirements set forth in
				  18VAC112-20-131.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 112 - BOARD OF PHYSICAL THERAPY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF PHYSICAL THERAPY › Part II - Licensure: General Requirements › Section 18VAC112-20-131 - Continued competency requirements for renewal of an active license

Current through Register Vol. 40, No. 24, July 15, 2024
A. In order to
				  renew an active license biennially, a physical therapist or a physical
				  therapist assistant shall complete at least 30 contact hours of continuing
				  learning activities within the two years immediately preceding renewal. In
				  choosing continuing learning activities or courses, the licensee shall consider
				  the following:
(i) the need to promote
				  ethical practice,
(ii) an
				  appropriate standard of care,
(iii)
				  patient safety,
(iv) application of
				  new medical technology,
(v)
				  appropriate communication with patients, and
(vi) knowledge of the changing health care
				  system.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 112 - BOARD OF PHYSICAL THERAPY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF PHYSICAL THERAPY › Part II - Licensure: General Requirements › Section 18VAC112-20-135 - Inactive license

Current through Register Vol. 40, No. 24, July 15, 2024
A. A physical
				  therapist or physical therapist assistant who holds a current, unrestricted
				  license in Virginia shall, upon a request on the renewal application and
				  submission of the required renewal fee, be issued an inactive license.
1. The holder of an inactive license shall
				  not be required to meet active practice requirements.
2. An inactive licensee shall not be entitled
				  to perform any act requiring a license to practice physical therapy in
				  Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 112 - BOARD OF PHYSICAL THERAPY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF PHYSICAL THERAPY › Part II - Licensure: General Requirements › Section 18VAC112-20-136 - Reinstatement requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
				  physical therapist or physical therapist assistant whose Virginia license is
				  lapsed for two years or less may reinstate his license by payment of the
				  renewal and late fees as set forth in
				  18VAC112-20-27
				  and completion of continued competency requirements as set forth in
				  18VAC112-20-131.
B. A physical therapist or physical therapist
				  assistant whose Virginia license is lapsed for more than two years and who is
				  seeking reinstatement shall:
1. Apply for
				  reinstatement and pay the fee specified in
				  18VAC112-20-27;
2. Complete the number of continuing
				  competency hours required for the period in which the license has been lapsed,
				  not to exceed four years; and
3.
				  Have actively practiced physical therapy in any jurisdiction in which the
				  physical therapist or physical therapist assistant was licensed for active
				  practice for at least 320 hours within the four years immediately preceding
				  applying for reinstatement.
If a licensee does not meet the requirement for active
					 practice, the license may be reinstated by completing 320 hours in a
					 traineeship that meets the requirements prescribed in
					 18VAC112-20-140.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 112 - BOARD OF PHYSICAL THERAPY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF PHYSICAL THERAPY › Part II - Licensure: General Requirements › Section 18VAC112-20-140 - Traineeship requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  traineeship shall be approved by the board and under the direction and
				  supervision of a licensed physical therapist.
B. Supervision and identification of
				  trainees:
1. There shall be a limit of two
				  physical therapists assigned to provide supervision for each trainee.
2. The supervising physical therapist shall
				  countersign patient documentation (i.e., notes, records, charts) for services
				  provided by a trainee.
3. The
				  trainee shall wear identification designating them as a "physical therapist
				  trainee" or a "physical therapist assistant trainee."
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 112 - BOARD OF PHYSICAL THERAPY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF PHYSICAL THERAPY › Part II - Licensure: General Requirements › Section 18VAC112-20-150

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 54.1-2400 and 54.1-3474
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 112 - BOARD OF PHYSICAL THERAPY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF PHYSICAL THERAPY › Part IV - Standards of Practice › Section 18VAC112-20-160 - Requirements for patient records

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Practitioners shall comply with provisions of § 32.1-127.1:03 of the Code
				  of Virginia related to the confidentiality and disclosure of patient
				  records.
B. Practitioners shall
				  provide patient records to another practitioner or to the patient or his
				  personal representative in a timely manner in accordance with provisions of
				  § 32.1-127.1:03 of the Code of Virginia.
C. Practitioners shall properly manage and
				  keep timely, accurate, legible and complete patient records.
D. Practitioners who are employed by a health
				  care institution, school system or other entity, in which the individual
				  practitioner does not own or maintain his own records, shall maintain patient
				  records in accordance with the policies and procedures of the employing
				  entity.
E. Practitioners who are
				  self-employed or employed by an entity in which the individual practitioner
				  does own and is responsible for patient records shall:
1. Maintain a patient record for a minimum of
				  six years following the last patient encounter with the following exceptions:
a. Records of a minor child shall be
				  maintained until the child reaches the age of 18 or becomes emancipated, with a
				  minimum time for record retention of six years from the last patient encounter
				  regardless of the age of the child;
b. Records that have previously been
				  transferred to another practitioner or health care provider or provided to the
				  patient or his personal representative; or
c. Records that are required by contractual
				  obligation or federal law may need to be maintained for a longer period of
				  time.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 112 - BOARD OF PHYSICAL THERAPY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF PHYSICAL THERAPY › Part IV - Standards of Practice › Section 18VAC112-20-170 - Confidentiality and practitioner-patient communication

Current through Register Vol. 40, No. 24, July 15, 2024
A. A practitioner shall not willfully or
				  negligently breach the confidentiality between a practitioner and a patient. A
				  breach of confidentiality that is required or permitted by applicable law or
				  beyond the control of the practitioner shall not be considered negligent or
				  willful.
B. Communication with
				  patients.
1. Except as provided in §
				  32.1-127.1:03F of the Code of Virginia, a practitioner shall accurately present
				  information to a patient or his legally authorized representative in
				  understandable terms and encourage participation in decisions regarding the
				  patient's care.
2. A practitioner
				  shall not deliberately make a false or misleading statement regarding the
				  practitioner's skill or the efficacy or value of a treatment or procedure
				  provided or directed by the practitioner in the treatment of any disease or
				  condition.
3. Before any invasive
				  procedure is performed, informed consent shall be obtained from the patient and
				  documented in accordance with the policies of the health care entity.
				  Practitioners shall inform patients of the risks, benefits, and alternatives of
				  the recommended invasive procedure that a reasonably prudent practitioner in
				  similar practice in Virginia would tell a patient. In the instance of a minor
				  or a patient who is incapable of making an informed decision on his own behalf
				  or is incapable of communicating such a decision due to a physical or mental
				  disorder, the legally authorized person available to give consent shall be
				  informed and the consent documented.
4. Practitioners shall adhere to requirements
				  of § 32.1-162.18 of the Code of Virginia for obtaining informed consent
				  from patients prior to involving them as subjects in human research with the
				  exception of retrospective chart reviews.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 112 - BOARD OF PHYSICAL THERAPY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF PHYSICAL THERAPY › Part IV - Standards of Practice › Section 18VAC112-20-180 - Practitioner responsibility

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
				  practitioner shall not:
1. Perform procedures
				  or techniques that are outside the scope of his practice or for which he is not
				  trained and individually competent;
2. Knowingly allow persons under his
				  supervision to jeopardize patient safety or provide patient care outside of
				  such person's scope of practice or area of responsibility. Practitioners shall
				  delegate patient care only to persons who are properly trained and
				  supervised;
3. Engage in an
				  egregious pattern of disruptive behavior or interaction in a health care
				  setting that interferes with patient care or could reasonably be expected to
				  adversely impact the quality of care rendered to a patient; or
4. Exploit the practitioner/patient
				  relationship for personal gain.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 112 - BOARD OF PHYSICAL THERAPY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF PHYSICAL THERAPY › Part IV - Standards of Practice › Section 18VAC112-20-190 - Sexual contact

Current through Register Vol. 40, No. 24, July 15, 2024
A. For purposes
				  of § 54.1-3483(10) of the Code of Virginia and this section, sexual
				  contact includes, but is not limited to, sexual behavior or verbal or physical
				  behavior that:
1. May reasonably be
				  interpreted as intended for the sexual arousal or gratification of the
				  practitioner, the patient, or both; or
2. May reasonably be interpreted as romantic
				  involvement with a patient regardless of whether such involvement occurs in the
				  professional setting or outside of it.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 112 - BOARD OF PHYSICAL THERAPY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF PHYSICAL THERAPY › Part IV - Standards of Practice › Section 18VAC112-20-200 - Advertising ethics

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any statement
				  specifying a fee, whether standard, discounted, or free, for professional
				  services that does not include the cost of all related procedures, services,
				  and products that, to a substantial likelihood, will be necessary for the
				  completion of the advertised service as it would be understood by an ordinarily
				  prudent person shall be deemed to be deceptive or misleading, or both. Where
				  reasonable disclosure of all relevant variables and considerations is made, a
				  statement of a range of prices for specifically described services shall not be
				  deemed to be deceptive or misleading.
B. Advertising a discounted or free service,
				  examination, or treatment and charging for any additional service, examination,
				  or treatment that is performed as a result of and within 72 hours of the
				  initial office visit in response to such advertisement is unprofessional
				  conduct unless such professional services rendered are as a result of a bona
				  fide emergency. This provision may not be waived by agreement of the patient
				  and the practitioner.
C.
				  Advertisements of discounts shall disclose the full fee that has been
				  discounted. The practitioner shall maintain documented evidence to substantiate
				  the discounted fees and shall make such information available to a consumer
				  upon request.
D. A licensee or
				  holder of a compact privilege shall not use the term "board certified" or any
				  similar words or phrase calculated to convey the same meaning in any
				  advertising for his practice unless he holds certification in a clinical
				  specialty issued by the American Board of Physical Therapy
				  Specialties.
E. A licensee or
				  holder of a compact privilege of the board shall not advertise information that
				  is false, misleading, or deceptive. For an advertisement for a single
				  practitioner, it shall be presumed that the practitioner is responsible and
				  accountable for the validity and truthfulness of its content. For an
				  advertisement for a practice in which there is more than one practitioner, the
				  name of the practitioner responsible and accountable for the content of the
				  advertisement shall be documented and maintained by the practice for at least
				  two years.
F. Documentation,
				  scientific and otherwise, supporting claims made in an advertisement shall be
				  maintained and available for the board's review for at least two
				  years.
Statutory Authority: §
												54.1-2400
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 112 - BOARD OF PHYSICAL THERAPY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF PHYSICAL THERAPY › Form - FORMS (18VAC112-20)

Current through Register Vol. 40, No. 24, July 15, 2024
Application
				  for Licensure by Examination to Practice Physical Therapy (rev.
				  8/2023)
Application
				  for Licensure by Endorsement to Practice Physical Therapy (rev.
				  8/2023)
Application
				  for Reinstatement to Practice Physical Therapy (rev. 8/2023)
Application
				  for Reinstatement after Disciplinary Action to Practice Physical Therapy (rev.
				  8/2023)
Application
				  for Traineeship to Practice Physical Therapy Statement of Authorization (rev.
				  8/2023)
Application
				  for Unlicensed Graduate Traineeship to Practice Physical Therapy Statement of
				  Authorization (rev. 8/2023)
Completion
				  Form for 320-hour Traineeship to Practice Physical Therapy (rev.
				  8/2023)
Verification
				  of Physical Therapy Education for Graduates of Approved Programs Only (rev.
				  8/2023)
Continued
				  Competency Activity and Assessment Form (rev. 8/2023)
Continuing
				  Education (CE) Credit Form for Volunteer Practice (rev. 8/2023)
Application
				  for Direct Access Certification (rev. 8/2023)
Direct
				  Access Patient Attestation and Medical Release Form (rev.
				  7/2023)
Physical
				  Therapy Name/Address Change Form (rev. 8/2023)
Request
				  for Verification of a Virginia Physical Therapy License (rev.
				  8/2023)
Application
				  for Reactivation (Inactive to Active) to Practice Physical Therapy (rev.
				  8/2023)
Out-of-State
				  Practitioner Reporting Form (rev. 7/2023)
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 115 - BOARD OF COUNSELING › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part I - Purpose and Definitions › Section 18VAC115-11-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to promote public
					 involvement in the development, amendment or repeal of the regulations of the
					 Board of Counseling. This chapter does not apply to regulations, guidelines, or
					 other documents exempted or excluded from the provisions of the Administrative
					 Process Act (§ 2.2-4000 et seq. of the Code of
					 Virginia).
Statutory Authority
§§ 2.2-4007.02 and 54.1-2400 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 115 - BOARD OF COUNSELING › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 18VAC115-11-30 - Notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall
				  maintain a list of persons who have requested to be notified of regulatory
				  actions being pursued by the agency.
B. Any person may request to be placed on a
				  notification list by registering as a public user on the Town Hall or by making
				  a request to the agency. Any person who requests to be placed on a notification
				  list shall elect to be notified either by electronic means or through a postal
				  carrier.
C. The agency may maintain
				  additional lists for persons who have requested to be informed of specific
				  regulatory issues, proposals, or actions.
D. When electronic mail is returned as
				  undeliverable on multiple occasions at least 24 hours apart, that person may be
				  deleted from the list. A single undeliverable message is insufficient cause to
				  delete the person from the list.
E.
				  When mail delivered by a postal carrier is returned as undeliverable on
				  multiple occasions, that person may be deleted from the list.
F. The agency may periodically request those
				  persons on the notification list to indicate their desire to either continue to
				  be notified electronically, receive documents through a postal carrier, or be
				  deleted from the list.
Statutory Authority
§§ 2.2-4007.02 and 54.1-2400 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 115 - BOARD OF COUNSELING › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 18VAC115-11-40 - Information to be sent to persons on the notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. To persons
				  electing to receive electronic notification or notification through a postal
				  carrier as described in
				  18VAC115-11-30, the agency shall
				  send the following information:
1. A notice
				  of intended regulatory action (NOIRA).
2. A notice of the comment period on a
				  proposed, a reproposed, or a fast-track regulation and hyperlinks to, or
				  instructions on how to obtain, a copy of the regulation and any supporting
				  documents.
3. A notice soliciting
				  comment on a final regulation when the regulatory process has been extended
				  pursuant to § 2.2-4007.06 or 2.2-4013C of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 115 - BOARD OF COUNSELING › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC115-11-50 - Public comment

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
				  considering any nonemergency, nonexempt regulatory action, the agency shall
				  afford interested persons an opportunity to (i) submit data, views, and
				  arguments, either orally or in writing, to the agency; and (ii) be accompanied
				  by and represented by counsel or other representative. Such opportunity to
				  comment shall include an online public comment forum on the Town Hall.
1. To any requesting person, the agency shall
				  provide copies of the statement of basis, purpose, substance, and issues; the
				  economic impact analysis of the proposed or fast-track regulatory action; and
				  the agency's response to public comments received.
2. The agency may begin crafting a regulatory
				  action prior to or during any opportunities it provides to the public to submit
				  comments.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 115 - BOARD OF COUNSELING › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC115-11-60 - Petition for rulemaking

Current through Register Vol. 40, No. 24, July 15, 2024
A. As
				  provided in § 2.2-4007 of the Code of Virginia, any person may petition
				  the agency to consider a regulatory action.
B. A petition shall include but is not
				  limited to the following information:
1. The
				  petitioner's name and contact information;
2. The substance and purpose of the
				  rulemaking that is requested, including reference to any applicable Virginia
				  Administrative Code sections; and
3. Reference to the legal authority of the
				  agency to take the action requested.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 115 - BOARD OF COUNSELING › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC115-11-70 - Appointment of regulatory advisory panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a regulatory
				  advisory panel (RAP) to provide professional specialization or technical
				  assistance when the agency determines that such expertise is necessary to
				  address a specific regulatory issue or action or when individuals indicate an
				  interest in working with the agency on a specific regulatory issue or
				  action.
B. Any person may request
				  the appointment of a RAP and request to participate in its activities. The
				  agency shall determine when a RAP shall be appointed and the composition of the
				  RAP.
C. A RAP may be dissolved by
				  the agency if:
1. The proposed text of the
				  regulation is posted on the Town Hall, published in the Virginia Register, or
				  such other time as the agency determines is appropriate; or
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 115 - BOARD OF COUNSELING › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC115-11-80 - Appointment of negotiated rulemaking panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a negotiated
				  rulemaking panel (NRP) if a regulatory action is expected to be
				  controversial.
B. An NRP that has
				  been appointed by the agency may be dissolved by the agency when:
1. There is no longer controversy associated
				  with the development of the regulation;
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act; or
3. The agency
				  determines that resolution of a controversy is unlikely.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 115 - BOARD OF COUNSELING › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC115-11-90 - Meetings

Current through Register Vol. 40, No. 24, July 15, 2024
Notice of any open meeting, including meetings of a RAP or
					 NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth
					 Calendar at least seven working days prior to the date of the meeting. The
					 exception to this requirement is any meeting held in accordance with §
					 2.2-3707D of the Code of Virginia allowing for contemporaneous notice to be
					 provided to participants and the public.
Statutory Authority
§§ 2.2-4007.02 and 54.1-2400 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 115 - BOARD OF COUNSELING › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC115-11-100 - Public hearings on regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall indicate in its notice of
				  intended regulatory action whether it plans to hold a public hearing following
				  the publication of the proposed stage of the regulatory action.
B. The agency may conduct one or more public
				  hearings during the comment period following the publication of a proposed
				  regulatory action.
C. An agency is
				  required to hold a public hearing following the publication of the proposed
				  regulatory action when:
1. The agency's basic
				  law requires the agency to hold a public hearing;
2. The Governor directs the agency to hold a
				  public hearing; or
3. The agency
				  receives requests for a public hearing from at least 25 persons during the
				  public comment period following the publication of the notice of intended
				  regulatory action.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 115 - BOARD OF COUNSELING › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC115-11-110 - Periodic review of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall conduct a periodic review
				  of its regulations consistent with:
1. An
				  executive order issued by the Governor pursuant to § 2.2-4017 of the
				  Administrative Process Act to receive comment on all existing regulations as to
				  their effectiveness, efficiency, necessity, clarity, and cost of compliance;
				  and
2. The requirements in §
				  2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility
				  for small businesses.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 115 - BOARD OF COUNSELING › Chapter 15 - DELEGATION OF INFORMAL FACT-FINDING TO AN AGENCY SUBORDINATE › Section 18VAC115-15-10 - Decision to delegate

Current through Register Vol. 40, No. 24, July 15, 2024
In accordance with subdivision 10 of §
									54.1-2400 of the Code of
				  Virginia, the board may delegate an informal fact-finding proceeding to an
				  agency subordinate.
Statutory Authority: §
											54.1-2400 of the Code of
					 Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 115 - BOARD OF COUNSELING › Chapter 15 - DELEGATION OF INFORMAL FACT-FINDING TO AN AGENCY SUBORDINATE › Section 18VAC115-15-20 - Criteria for delegation

Current through Register Vol. 40, No. 24, July 15, 2024
Cases that may not be delegated to an agency subordinate
				  include violations of standards of practice as set forth in regulations
				  governing each profession registered, certified, or licensed by the board,
				  except as may otherwise be determined by the executive director in consultation
				  with the board chair.
Statutory Authority: §
											54.1-2400
					 of the Code of Virginia.