I.
Officers and Meetings
A.
Officers shall:
1. Consist of a chairperson
and a secretary/treasurer, each of whom shall have the privilege of
re-election.
2. Officers shall be
elected annually in July, unless otherwise determined by the Board.
B. Duties of Officers:
1. The chairperson shall:
a. Call and preside at all meetings. In the
absence of the chairperson, he/she shall designate a member to
preside.
b. Be custodian of all
records or designate a custodian of all records.
c. Delegate duties to Board
members.
d. Vote on all
issues.
2. The
secretary/treasurer shall:
a. Ensure that
accurate minutes of each meeting are kept and distributed to each Board
member.
b. Supervise disbursement
of Board funds.
C. The location of the office of the Board
shall be designated by the Board.
D. Meetings:
1. Special meetings may be called at the
discretion of the chairperson, or by two members of the Board, provided that
all members are adequately notified.
2. All meetings shall be conducted pursuant
to the Arkansas Freedom of Information Act and disciplinary proceedings shall
be conducted in accordance with the Arkansas Administrative Procedures
Act.
3. Three (3) members shall
constitute a quorum.
4. A majority
vote of a quorum carries.
E. Information for Public Guidance:
1. The Board makes available a list of
persons holding certain responsibilities for handling FOIA requests, licensing
questions, and complaints against licensees so that the public may obtain
information about the Board or make submissions or requests. The names, mailing
addresses, telephone numbers, and electronic addresses can be obtained from the
Board's website at
www.arptb.org.
2. The Board has a list of official forms
used by the Board and a list of all formal, written statements of policy and
written interpretative memoranda, and orders, decisions and opinions resulting
from adjudications, which may be obtained from the Board's office or
website.
II.
Definitions
For purposes of Ark. Code Ann. §§
17-93-101
et seq. and these Rules, the following terms shall mean:
1. "FSBPT" means The Federation of State
Boards of Physical Therapy.
2.
"Mobilization" is a passive movement accomplished within the normal range of
motion of the joint. It is a manual therapy technique comprising a continuum of
skilled passive movements to the joints and/or related soft tissues that are
applied at varying speeds and amplitudes, including a
smafl-amplitude/high-velocity therapeutic movement.
3. "Readily available for consultation" is
the ability to be reached in person or by telecommunications within 30
minutes.
4. "Spinal manipulation
and adjustment" is movement of the spinal joints beyond the normal range of
motion.
III.
Requirements for Licensure
A. An
individual who plans to practice as a Physical Therapist or Physical Therapist
Assistant must secure a license prior to practicing in the state.
B. Credentials required for application for
initial licensure are to be submitted to the Arkansas State Board of Physical
Therapy as follows:
1. The Board shall receive
an official transcript transmitted from the Office of the Registrar, or its
designee, of a professional physical therapy /physical therapist assistant
education program accredited by a national accreditation agency approved by the
Board.
2. The applicant shall
submit an official Board application that is completed in full and the contents
sworn under oath as being true and correct.
3. Application requirements must be completed
and received by the Board before an applicant is approved to take the
examination described in Section IV.B., except that, in lieu of the official
transcript described in Section III.B.1, an applicant may take the examination
if the Board can confirm through FSBPT (or another Board-approved entity) that
the applicant has completed all requirements for graduation.
C. All applicants shall pay the
required fees.
D. All applicants
must pass a jurisprudence exam approved by the Arkansas State Board of Physical
Therapy.
E. The Board shall require
each initial applicant to submit to a background check in accordance with Ark.
Code Ann. §
17-93-303 for
Physical Therapist applicants or Ark. Code Ann. §
17-93-304
for Physical Therapist Assistant applicants.
F. Pre-Licensure Criminal Background Check
1. Pursuant to Act 990 of 2019, an individual
may petition for a pre-licensure determination of whether the individual's
criminal record will disqualify the individual from licensure and whether a
waiver may be obtained.
2. The
individual must obtain the pre-licensure criminal background check petition
form from the Board.
3. The Board
will respond with a decision in writing to a completed petition within a
reasonable time.
4. The Board's
response will state the reason(s) for the decision.
5. All decisions of the Board in response to
the petition will be determined by the information provided by the
individual.
6. Any decision made by
the Board in response to a pre-licensure criminal background check petition is
not subject to appeal.
7. The Board
will retain a copy of the petition and response and it will be reviewed during
the formal application process.
G. Waiver Request
1. If an individual has been convicted of a
felony offense, except those permanently disqualifying offenses found A.C.A.
§
17-3-102(e),
the Board may waive disqualification of a potential applicant or revocation of
a license based on the conviction if a request for a waiver is made by:
a. An affected applicant for a license;
or
b. An individual holding a
license subject to revocation.
2. The Board may grant a waiver upon
consideration of the following, without limitation:
a. The age at which the offense was
committed;
b. The circumstances
surrounding the offense;
c. The
length of time since the offense was committed;
d. Subsequent work history since the offense
was committed;
e. Employment
references since the offense was committed;
f. Character references since the offense was
committed;
g. Relevance of the
offense to the occupational license; and
h. Other evidence demonstrating that
licensure of the applicant does not pose a threat to the health or safety of
the public.
3. A request
for a waiver, if made by an applicant, must be in writing and accompany the
completed application and fees.
4.
The Board will respond with a decision in writing and will state the reasons
for the decision.
5. An appeal of a
determination under this section will be subject to the Administrative
Procedures Act §
25-15-201
et seq.
IV.
Methods of Licensure
A. Licensure by Reciprocity
1. Required Qualifications. An applicant
applying for reciprocal licensure shall meet the following requirements:
a. The applicant shall hold a substantially
similar license in another United States' jurisdiction.
i. A license from another state is
substantially similar to an Arkansas Physical Therapy / Physical Therapy
Assistant license if the other state's licensure qualifications require a
licensee to graduate from a Physical Therapy /Physical Therapist Assistant
education program accredited by a national accreditation agency approved by the
Board.
ii. The applicant shall hold
his or her occupational licensure in good standing;
iii. The applicant shall not have had a
license revoked for:
1. An act of bad faith;
or
2. A violation of law, rule, or
ethics;
iv. The applicant
shall not hold a suspended or probationary license in a United States
'jurisdiction;
b. The
applicant shall be sufficiently competent in the field of physical therapy as
described in Section IV.A.2.C.; and
c. The applicant shall meet the Board's least
restrictive requirements, which are described in Section IV.A.2.d.
2. Required documentation. An
applicant shall submit a fully-executed application, the required fee, and the
documentation described below,
a. As evidence
that the applicant's license from another jurisdiction is substantially similar
to Arkansas's, the applicant shall submit the following information:
i. Evidence of current and active licensure
in that state. The Board may verify this information online if the jurisdiction
at issue provides primary source verification on its website or by telephone to
the other state's licensing board or from FSBPT (or another Board-approved
entity); and
ii. Evidence that the
other state's licensure requirements match those listed in IV.A.I.a.i. The
Board may verify this information online or by telephone to the other state's
licensing board or from FSBPT (or another Board-approved entity).
b. To demonstrate that the
applicant meets the requirement in IV.A.I.a.ii. through iv., the applicant
shall provide the Board with:
i. The names of
all states in which the applicant is currently licensed or has been previously
licensed;
ii. Letters of good
standing or other information from each state in which the applicant is
currently or has ever been licensed showing that the applicant has not had his
license revoked for the reasons listed in in IV.A.I.a.iii. and does not hold a
license on suspended or probationary status as described in IV.A.I.a.iv. The
Board may verify this information online if the jurisdiction at issue provides
primary source verification on its website or by telephone to the other state's
licensing board.
c. As
evidence that the applicant is sufficiently competent in the field of physical
therapy, an applicant shall provide the Board with evidence from FSBPT (or
another Board-approved entity) that a physical therapy applicant has passed the
National Physical Therapy Examination ("NPTE") or that a Physical Therapist
Assistant applicant has passed the NPTE-PTA.
d. As evidence that the applicant meets the
Board's least restrictive requirements, an applicant shall:
i. Take and pass an Arkansas jurisprudence
exam; and
ii. Submit to a
background check in accordance with Ark. Code Ann. §
17-93-303 for
Physical Therapist applicants or Ark. Code Ann. §
17-93-304
for Physical Therapist Assistant applicants.
3. Temporary and Provisional License
a. The Board shall issue a temporary and
provisional license upon request immediately upon receipt of the required fee
and the documentation required to show that the applicant has a license from
another jurisdiction that is in good standing and is substantially similar to
an Arkansas Physical Therapy / Physical Therapist Assistant license.
b. An applicant shall submit a completed
application with all required remaining documentation in order to receive a
license.
c. The temporary license
shall be effective for 90 days or until the Board makes a decision on the
application, whichever occurs first.
B. Licensure by Examination
1. Applicants who comply with qualifications
in accordance with the Arkansas Physical Therapy Practice Act shall be
permitted to sit for examination.
2. Form of Examination
a. The Board selects and approves the
National Physical Therapy Examination ("NPTE") for Arkansas Physical Therapist
applicants and the NPTE-PTA for Arkansas Physical Therapist Assistant
applicants.
b. The examination will
be administered by Prometric or another Board-approved examination
administrator. Written guidelines and procedures will be provided at time of
application.
c. The examination
must be completed by the date provided by FSBPT (or another Board-approved
entity) or a portion of the fee will be forfeited.
3. Passing Level
a. For each examination given on or after
March, 1996, a passing score will be established by FSPBT.
4. Scoring and Reporting of Examinations
a. Results of the examinations will be kept
on file by the Board.
b.
Examination scores will be reported directly to each candidate by the
Board.
5. Failure to Pass
Examination
a. A candidate who fails to pass
the examination will be notified. The candidate is ineligible for a license in
Arkansas as a Physical Therapist or a Physical Therapist Assistant until the
examination is passed.
b. Upon
payment of an appropriate fee. applicants who do not pass the examination after
the first attempt may re-take the examination one (1) additional time without
re-application for licensure. This must occur within six (6) months from the
first failure.
c. Prior to being
approved by the Board for each subsequent test beyond two (2) attempts,
individuals shall re-apply and demonstrate evidence satisfactory to the Board
of having successfully completed additional education. Additional education may
be one or more of the following:
1. A
commercial review course.
2. An
individual tutorial. The completed tutorial must be signed by the tutor and
include the tutor's curriculum vitae. If the applicant is applying for a PT
license, the tutor must be a licensed PT, If the applicant is applying for a
PTA license, the tutor must be a licensed PT, or a licensed PTA.
d. An applicant may not sit for
the exam more than six (6) times without approval from both the Board and FSBPT
(or another Board-approved entity).
C. Licensure for Active Duty Service Members,
Returning Military Veterans, and Spouses
1. As
used in this rule:
a. "Automatic licensure"
means the granting of occupational licensure without an individual's having met
occupational licensure requirements provided under Title 17 of the Arkansas
Code or by this rule;
b. "Returning
military veteran" means a former member of the United States Armed Forces who
was discharged from active duty under circumstances other than
dishonorable.
2. The
Board shall grant expedited licensure to an individual who holds a
substantially equivalent license in another U.S. jurisdiction and is:
a. An active duty military service member
stationed in the State of Arkansas;
b. A returning military veteran applying for
licensure within one (1) year of his or her discharge from active duty;
or
c. The spouse of a person under
C.2.
i. or
ii. above.
3. The Board shall grant such expedited
licensure upon receipt of all the below:
a.
Payment of the initial licensure fee;
b. Evidence that the individual holds a
substantially equivalent license in another state;
c. Evidence that the applicant is a qualified
applicant under Section B; and
d.
Results of a background check in accordance with Ark. Code Ann. §
17-93-303 for
Physical Therapist applicants or Ark. Code Ann. §
17-93-304
for Physical Therapist Assistant applicants, if the background check does not
reveal a felony conviction.
D. Licensure under Physical Therapy Licensure
Compact
Any person who desires to exercise the privilege to practice
under the Physical Therapy Licensure Compact must complete the terms and
provisions of the compact as prescribed in Ark. Code Ann. §
17-93-501, et
seq.
V.
Foreign-educated Physical Therapists & Physical Therapist
Assistants
A. The foreign-educated
Physical Therapist or Physical Therapist Assistant is required to be eligible
for licensure or authorized to practice without limitation in their home
country. The applicant must provide written proof that the applicant's school
of physical therapy is recognized by its own ministry of education or
equivalent agency.
B. Any
foreign-educated Physical Therapist or Physical Therapist Assistant who plans
to practice in Arkansas shall submit all credentials set forth in Section III
of these rules.
C. The
foreign-educated Physical Therapist or Physical Therapist Assistant must also
submit the following:
1. Credentials
evaluation statement from a credentials evaluation agency approved by the
Board.
2. Results from an English
proficiency examination if the applicant's native language is not English. Both
the examination and acceptable score on examination must be approved by the
Board. The test must include both written and oral sections.
VI.
Renewals and
Reinstatement
A. Licenses must be
renewed annually by March 1. Physical Therapists and Physical Therapist
Assistants who have not paid annual renewal fees by March 1 are in violation of
the Practice Act and shall not engage in practice. Practice without a valid
license is subject to a fine of up to $1,000 per day.
B. It is the responsibility of the individual
to notify the Board of an address change in writing. The licensee is required
to provide written notice to the Board of any change of address within ten
working days of the change.
C.
Unrenewed licenses lapse after March 1. To return to regular status, the
previous year's continuing education requirements must be met and a late fee
and annual renewal fee must be paid.
D. Individuals wishing to be placed on
inactive status must submit a written request to the Board. To return to
regular status, an individual must pay a reinstatement fee, an annual renewal
fee, and complete continuing education as described below.
1. A Physical Therapist or Physical Therapist
Assistant on inactive status may not engage in the provision of physical
therapy services.
2. To return to
active status, the applicant must demonstrate completion of continuing
education requirements that were missed during the period that the person was
inactive, up to a maximum of four (4) units (40 contact hours) for a Physical
Therapist and two (2) units (20 contact hours) for a Physical Therapist
Assistant.
E. Physical
Therapists and Physical Therapist Assistants will be required to complete
appropriate continuing education, which includes passing a jurisprudence
examination approved by the Arkansas State Board of Physical Therapy for
renewal in odd numbered years.
F.
Reinstatement under Ark. Code Ann §
17-1-107.
1. Pursuant to Ark. Code Ann.
17-1-107,
as amended, the Board shall not require a person who meets licensing
requirements to participate in the education or training required as a
prerequisite to licensing registration or certification of a new professional
in the field.
2. The Board may
reinstate the license of a person who demonstrates that:
i. He or she was previously licensed,
registered, or certified to practice in the field of his or her profession at
any time in the State of Arkansas;
ii. Held his or her license in good standing
at the time of licensing;
iii. Did
not have his or her license revoked for:
a. An
act of bad faith;
b. A violation of
law, rule, or ethic;
iv.
Is not holding a suspended or probationary license in any state; and
v. Is sufficiently competent in his or her
field;
vi. He or she has completed
continuing education requirements that were missed during the period that the
person was inactive, up to a maximum of four (4) units (40 contact hours) for a
Physical Therapist and two (2) units (20 contact hours) for a Physical
Therapist Assistant; and
vii. Pays
any reinstatement fee required.
3. A person shall not be required to comply
with requirements to obtain reinstatement of his or her license if the person
meets the requirements for reciprocity.
4. If a criminal background check is required
of a person currently holding a license, registration, or certification, then
the Board may require a person seeking reinstatement under this section to meet
the same criminal background check requirements as the person currently holding
a license.
VII.
Fees
The fees for various services of the Board are as
follows:
A. Physical Therapists:
Application Fee - $50.00
Endorsement (Reciprocity) - $100.00
Annual Renewals - $70.00
Late Fee - $100
Jurisprudence Examination Fee - $10.00
Reinstatement Fee - $75
B. Physical Therapist Assistants:
Application Fee - $50.00
Endorsement (Reciprocity) - $100.00
Annual Renewals - $45.00
Late Fee - $100
Jurisprudence Examination Fee - $10.00
Reinstatement Fee - $50
C. Miscellaneous Fees and Penalties:
Continuing Education Approval Fee for Sponsors - $100.00
Continuing Education Approval Fee for Licensees - $20.00
Penalty for Late Continuing Education - $50.00
per month Compact Privilege - $50
VIII.
Disciplinary Action
A. The Board may refuse to license, refuse to
renew a license, revoke a license, and/or take other disciplinary action as
provided by law regarding any Physical Therapist or Physical Therapist
Assistant who is guilty of a felony or any of the acts as set forth in Ark.
Code Ann. §
17-93-308.
"Unprofessional conduct" pursuant to Ark. Code Ann. Section
17-93-308(a)(3)
shall include but not be limited to the following:
1. Engaging in any type of sexual conduct of
a verbal or physical nature or engaging in a sexual/romantic relationship,
including, but not limited to kissing, sexual contact, and sexual intercourse,
with a current patient or with any person who was treated as a patient within
the preceding six months. A patient's consent to, initiation of, or
participation in the sexual contact or sexual/romantic relationship does not
change the nature of the conduct nor the prohibition. This provision shall not
prohibit a Physical Therapist or Physical Therapist Assistant from treating any
person with whom there has been a preexisting sexual or romantic
relationship.
2. Intentionally
viewing a completely or partially disrobed patient in the course of treatment
if the viewing is not related to patient diagnosis or treatment under current
practice standards.
3. Failing to
adhere to the recognized standards of ethics of the physical therapy
profession.
4. Charging
unreasonable or fraudulent fees for services performed or not
performed.
5. Failing to report to
the Board any act or omission of a license holder, applicant or any other
person who violates the provisions of the Arkansas Physical Therapy Act, as
amended.
B. Each facility
offering physical therapy services shall be required to publicly display the
name and contact information of the Arkansas State Board of Physical
Therapy.
C. Any person may file a
complaint in writing to the Board against any licensed Physical Therapist or
Physical Therapist Assistant or unlicensed person in this state, charging said
person with having violated the provisions of any part of the Arkansas Physical
Therapy Practice Act The Board may act upon its own motion or upon written
complaint. The person named in the complaint will be notified and a response
from that individual will be requested.
D. Re-Licensure for Revoked or Surrendered
License
1. No individual who has had his or
her license revoked or who has surrendered his or her license while under
investigation by the Board will be re-licensed, except on petition made to the
Board. The application for re-licensure is not allowed until at least five
years after the revocation or surrender of license while under investigation
took effect
2. Following license
revocation or surrender of licensure while under investigation, the applicant
bears the burden of proving that he or she is rehabilitated, can engage in the
conduct authorized by the license without undue risk to the public health,
safety, and welfare, and is otherwise qualified for the license pursuant to
Ark. Code Ann. §§
17-93-101
et seq.
3. The Board may impose any
appropriate conditions or limitations on a license to protect the public
health, safety, and welfare.
4. The
Board may require that the person seeking re-licensure take the licensing
examination and/or jurisprudence examination.
IX.
Physical Therapist Assistant
Supervision
A. The practice of the
Physical Therapist Assistant shall be performed only under the supervision of
the licensed Physical Therapist who retains moral, ethical, and legal
responsibility for patient care.
B.
The supervising therapist must be readily available for consultation,
evaluations, and establishment of each program.
C. In direct consultation with the
(supervising) Physical Therapist, the Physical Therapist Assistant may:
1. Recommend changes in the treatment, plan
of care or goals as appropriate.
2.
Within the plan of care, recommend appropriate equipment, assistive devices or
modification of architectural barriers.
3. Within the plan of care, perform
appropriate examination procedures.
D. The Physical Therapist Assistant may alter
treatment in response to adverse changes in the patient's physiological
state.
X.
Physical
Therapy Aide Functions
A. The functions
of the Physical Therapy Aide may be performed under the direct supervision of a
Physical Therapist or Physical Therapist Assistant. However, the Physical
Therapist shall retain moral, ethical and legal responsibility for patient
care.
B. A Physical Therapy Aide
must receive inservice training by a Physical Therapist or Physical Therapist
Assistant. Once the aide is trained in treatments which can be completed within
the realm of inservice as determined by a Physical Therapist, he/she may
perform treatments only under direct supervision by a Physical Therapist and/or
Physical Therapist Assistant.
C.
The Physical Therapy Aide may not:
1. change
any treatment;
2. perform
evaluative and assessment procedures;
3. alter a plan of care or goals.
XI.
Continuing
Education Requirements
A. The licensed
Physical Therapist must complete, by December 31, in each biennium, two (2)
CEUs. CEUs are required to be submitted prior to odd numbered year
renewals.
B. The licensed Physical
Therapist Assistant must complete, by December 31, in each biennium, one (1)
CEU. CEUs are required to be submitted prior to odd numbered year
renewals.
C. Qualifying Continuing
Education Units
1. One CEU is defined as 10
contact hours of an accredited course or program, A contact hour is equal to 60
minutes of in-person attendance at a seminar or workshop. Program content must
be of clinical application, clinical management, behavioral science, or
science.
A. No more than 50% of continuing
education can be taken through online courses.
B. Physical Therapists and Physical Therapist
Assistants will be required to pass a jurisprudence exam approved by the Board
as part of the required continuing education. The jurisprudence examination is
counted as an online course.
C.
Webinars that are both live and interactive are considered to be in-person
attendance.
2. Program
content and CEUs accreditation must be approved by the Board or a
Board-approved entity. Proof of continuing education and a completed
"Continuing Education Units" form must be submitted to the Board for approval
of a program for CEUs and should be submitted within 60 days after course
completion. Proof of CEUs may be copies of the original completion certificate.
Proof of college courses completed for CEUs is a transcript or grade
report.
3. College or university
courses in the area of clinical application, clinical management, behavioral
science, science, or scientific research may be accepted. Courses will be
credited one (1) CEU for each satisfactorily completed credit hour (grade C or
higher). A "Continuing Education Units" form and a transcript or grade report
must be submitted to the Board office.
4. A licensee who has written an article or
research that has been published may submit such work to the Board for
consideration of up to one-half the biennium CEU requirement. This request,
along with the publication, must be presented to the Board office for Board
approval.
5. The Board will not
accept as qualifying CEUs previously submitted credit hours.
D. Failure to Comply
Licensees failing to complete the CEU requirement by December
31 of the year prior to renewal must pay $50.00 per month penalty until
continuing education is completed and accepted by the Board. Licensees failing
to comply with the CEU requirement by license renewal deadline will not receive
license renewal and shall not engage in the provision of physical therapy
services.
XII.
Declaratory Orders
A. Purpose and
Use of Declaratory Orders
A declaratory order is a means of resolving a controversy or
answering questions or doubts concerning the applicability of statutory
provisions, rules, or orders over which the agency has authority. A petition
for declaratory order may be used only to resolve questions or doubts as to how
the statutes, rules, or orders may apply to the petitioner's particular
circumstances. A declaratory order is not the appropriate means for determining
the conduct of another person or for obtaining a policy statement of general
applicability from the Board. A petition or declaratory order must describe the
potential impact of statutes, rules, or orders upon the petitioner's
interests.
B. The Petition
The process to obtain a declaratory order is begun by filing
with the Arkansas State Board of Physical Therapy a petition that provides the
following information:
1. The caption
shall read: Petition for Declaratory Order Before the Arkansas State Board of
Physical Therapy.
2. The name,
address, telephone number, and email address of the petitioner.
3. The name, address, telephone number, and
email address of the attorney of the petitioner, if the petitioner has an
attorney.
4. The statutory
provision(s). Board rule(s), or Board order(s) on which the declaratory order
is sought.
5. A description of how
the statues, rules, or orders may substantially affect the petitioner and the
petitioner's particular set of circumstances, and the question or issue or
which petitioner seeks a declaratory order.
6. The signature of the petitioner or
petitioner's attorney.
7. The
date.
8. Request for hearing, if
desired.
C. Board
Disposition
1. The Board may hold a hearing to
consider a petition for declaratory statement. If a hearing is held, it shall
be conducted in accordance with the Administrative Procedure Act, A.C.A.
§§
25-15-201 et
seq.
2. The Board may rely on the
statements of fact set out in the petition without taking any position with
regard to the validity of the facts. Within ninety (90) days of the filing of
the petition, the Board will render a final order denying the petition or
issuing a declaratory order.
XIII.
Amendments to these rules
may be proposed by presenting the amendments in writing at any meeting of the
Board. If the proposed amendment receives a majority vote of the Board, then
the procedures for adoption outlined in the Administrative Procedures Act shall
be followed.