SB 49: "An Act relating to the State Physical Therapy and Occupational Therapy Board; relating to the practice of physical therapy; and relating to the practice of occupational therapy."
00 SENATE BILL NO. 49 01 "An Act relating to the State Physical Therapy and Occupational Therapy Board; 02 relating to the practice of physical therapy; and relating to the practice of occupational 03 therapy." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 08.84.010 is amended to read: 06 Sec. 08.84.010. Creation and membership of board. (a) There is created the 07 State Physical Therapy and Occupational Therapy Board, which consists of seven 08 members. The membership consists of [ONE PHYSICIAN LICENSED TO 09 PRACTICE MEDICINE IN THE STATE,] three physical therapists licensed in the 10 state or two physical therapists and one [A] physical therapist [THERAPY] assistant 11 licensed in the state, three [TWO] occupational therapists licensed in the state or two 12 [AN] occupational therapists [THERAPIST] and one occupational therapy assistant 13 licensed in the state, and one lay person with no direct financial interest in the health 14 care industry. Members of the board shall be United States citizens domiciled in the
01 state. 02 (b) The board shall control all matters pertaining to the licensing of physical 03 therapists, physical therapist [THERAPY] assistants, occupational therapists, and 04 occupational therapy assistants and the practice of physical therapy and the practice of 05 occupational therapy. The board shall 06 (1) pass upon the qualifications of applicants; 07 (2) provide for the examination of applicants; 08 (3) issue temporary permits and licenses to persons qualified under this 09 chapter; 10 (4) suspend, revoke, or refuse to issue or renew a license under 11 AS 08.84.120; 12 (5) keep a current register listing the name, business address, date, and 13 number of the license of each person who is licensed to practice under this chapter; 14 (6) adopt regulations under AS 44.62 necessary to carry out the 15 purposes of this chapter including regulations establishing qualifications for licensure 16 and renewal of licensure under this chapter. 17 * Sec. 2. AS 08.84.030 is amended to read: 18 Sec. 08.84.030. Qualifications for licensing. (a) To be eligible for licensure 19 by the board as a physical therapist or physical therapist [THERAPY] assistant, an 20 applicant, unless a graduate of a foreign school of physical therapy located outside the 21 United States, shall 22 (1) have graduated from a professional [SCHOOL OF] physical 23 therapy education program that is accredited by a national accreditation agency 24 and approved by the board [COUNCIL ON MEDICAL EDUCATION AND 25 HOSPITALS OF THE AMERICAN MEDICAL ASSOCIATION, OR THE 26 AMERICAN PHYSICAL THERAPY ASSOCIATION]; 27 (2) pass, to the satisfaction of the board, an examination prepared by a 28 national testing service approved by the board to determine the applicant's fitness for 29 practice as a physical therapist or physical therapist [THERAPY] assistant, or be 30 entitled to licensure without examination as provided in AS 08.84.060; 31 (3) meet qualifications for licensure established in regulations adopted
01 by the board under AS 08.84.010(b). 02 (b) To be eligible for licensure by the board as an occupational therapist or 03 occupational therapy assistant, an applicant, unless a graduate of a foreign school of 04 occupational therapy located outside the United States, shall 05 (1) have graduated from a professional [SUCCESSFULLY 06 COMPLETED A CURRICULUM OF] occupational therapy education program that 07 is accredited by a national accreditation agency and approved by the board 08 [COMMITTEE OF ALLIED HEALTH EDUCATION AND ACCREDITATION OF 09 THE AMERICAN MEDICAL ASSOCIATION OR THE AMERICAN 10 OCCUPATIONAL THERAPY ASSOCIATION; 11 (2) SUBMIT PROOF OF SUCCESSFUL COMPLETION AND 12 SUPERVISED FIELD WORK APPROVED BY THE BOARD 13 (A) FOR AN OCCUPATIONAL THERAPIST, A MINIMUM 14 OF SIX MONTHS OF SUPERVISED FIELD WORK; 15 (B) FOR AN OCCUPATIONAL THERAPY ASSISTANT, A 16 MINIMUM OF TWO MONTHS OF SUPERVISED FIELD WORK; 17 (3)] pass, to the satisfaction of the board, an examination prepared by a 18 national testing service approved by the board or an examination recognized by the 19 American Occupational Therapy Association to determine the applicant's fitness for 20 practice as an occupational therapist or an occupational therapy assistant, or be entitled 21 to licensure without examination under AS 08.84.060; and 22 (3) [(4)] meet qualifications for licensure established in regulations 23 adopted by the board under AS 08.84.010(b). 24 * Sec. 3. AS 08.84.032 is amended to read: 25 Sec. 08.84.032. Foreign-educated [FOREIGN-TRAINED] applicants. (a) 26 To be eligible for licensure by the board as a physical therapist or physical therapist 27 [THERAPY] assistant, an applicant who is a graduate of a school of physical therapy 28 that is located outside of the United States shall 29 (1) have completed, to the satisfaction of the board, a resident course 30 of study and professional instruction substantially equivalent to a professional 31 physical therapy education program that is accredited by a national accreditation
01 agency in the United States [THAT PROVIDED BY A SCHOOL APPROVED BY 02 THE COUNCIL ON MEDICAL EDUCATION AND HOSPITALS OF THE 03 AMERICAN MEDICAL ASSOCIATION OR THE AMERICAN PHYSICAL 04 THERAPY ASSOCIATION, AND FURNISH DOCUMENTARY EVIDENCE OF 05 COMPLIANCE WITH THIS PARAGRAPH, TRANSLATED, IF NECESSARY, 06 INTO THE ENGLISH LANGUAGE BY A PERSON VERIFYING THE 07 ACCURACY OF THE TRANSLATIONS]; 08 (2) have completed, to the satisfaction of the board, an internship 09 under the continuous direction and immediate supervision of a physical therapist in an 10 institution that ordinarily provides physical therapy and is approved by the board, for 11 that period of time specified by the board, and furnish documentary evidence of 12 compliance with this paragraph; 13 (3) pass an examination recognized by the board that measures the 14 competence of the applicant in the English language if the applicant's physical 15 therapist or physical therapist assistant education program was not taught in 16 English; 17 (4) have met applicable requirements under the 8 U.S.C. 1101 et seq. 18 (Immigration and Nationality Act) [FEDERAL IMMIGRATION AND 19 NATIONALITY ACT (8 U.S.C. 1101 ET SEQ.)], unless a United States citizen; 20 (5) pass the examination administered by the board under 21 AS 08.84.030(a)(2); [AND] 22 (6) pay the fee required under AS 08.84.050; and 23 (7) meet additional qualifications for licensure established in 24 regulations adopted by the board under AS 08.84.010(b). 25 (b) To be eligible for licensure by the board as an occupational therapist or 26 occupational therapy assistant, an applicant who is a graduate of a school of 27 occupational therapy that is located outside of the United States shall 28 (1) have completed, to the satisfaction of the board, a resident course 29 of study and professional instruction substantially equivalent to a professional 30 occupational therapy education program that is accredited by a national 31 accreditation agency in the United States [THAT PROVIDED BY A
01 CURRICULUM APPROVED BY THE COMMITTEE OF ALLIED HEALTH 02 EDUCATION AND ACCREDITATION OF THE AMERICAN MEDICAL 03 ASSOCIATION OR THE AMERICAN OCCUPATIONAL THERAPY 04 ASSOCIATION, AND HAVE FURNISHED DOCUMENTARY EVIDENCE OF 05 COMPLIANCE WITH THIS PARAGRAPH, TRANSLATED, IF NECESSARY, 06 INTO THE ENGLISH LANGUAGE BY A PERSON VERIFYING THE 07 ACCURACY OF THE TRANSLATIONS]; 08 (2) have completed, to the satisfaction of the board, supervised field 09 work equivalent to that required under AS 08.84.030(b); 10 (3) pass an examination recognized by the board that measures the 11 competence of the applicant in the English language if the applicant's occupational 12 therapist or occupational therapy assistant education program was not taught in 13 English; 14 (4) have met applicable requirements under 8 U.S.C. 1101 - 1503 15 (Immigration and Nationality Act) unless a United States citizen; 16 (5) pass an examination administered or approved by the board under 17 AS 08.84.030; [AND] 18 (6) pay the fee required under AS 08.84.050; and 19 (7) meet additional qualifications for licensure established in the 20 regulations adopted by the board under AS 08.84.010(b). 21 * Sec. 4. AS 08.84.060 is amended to read: 22 Sec. 08.84.060. Licensure by acceptance of credentials. The board may 23 license without examination an applicant who is a physical therapist, physical 24 therapist [THERAPY] assistant, occupational therapist, or occupational therapy 25 assistant licensed under the laws of another state, if the requirements for licensure in 26 that state, were, at the date of the applicant's licensure, substantially equal to the 27 requirements in this state. 28 * Sec. 5. AS 08.84.065(c) is amended to read: 29 (c) A temporary permit issued to an applicant for licensure as a physical 30 therapist or physical therapist [THERAPY] assistant by examination is valid for eight 31 months or until the results of the first examination for which the applicant is scheduled
01 are published, whichever occurs first. If the applicant fails to take the first examination 02 for which the applicant is scheduled the applicant's temporary permit lapses on the day 03 of the examination. 04 * Sec. 6. AS 08.84.075(b) is amended to read: 05 (b) The board may issue a limited permit to a person to practice physical 06 therapy in the state as a visiting, nonresident physical therapist or physical therapist 07 [THERAPY] assistant, if the person 08 (1) applies on the form provided by the board; 09 (2) has not previously been denied physical therapy licensure in the 10 state; 11 (3) is licensed to practice physical therapy in another state; 12 (4) provides proof satisfactory to the board that the person will not 13 practice in the state for more than 120 days in the calendar year for which the permit is 14 issued; and 15 (5) pays the fee required under AS 08.84.050. 16 * Sec. 7. AS 08.84.075(c) is amended to read: 17 (c) A limited permit is valid for a period of [NOT EXCEEDING] 120 18 consecutive days in a calendar year. 19 * Sec. 8. AS 08.84.075(d) is amended to read: 20 (d) A person may not receive more than 21 (1) one limited permit in a 12-month period; and 22 (2) three limited permits to practice occupational therapy or physical 23 therapy during the person's lifetime. 24 * Sec. 9. AS 08.84.090 is amended to read: 25 Sec. 08.84.090. Licensure. The board shall license an applicant who meets the 26 qualifications for licensure under this chapter. It shall issue a license certificate to each 27 person licensed. A license certificate is prima facie evidence of the right of the person 28 to hold out as a licensed physical therapist, licensed physical therapist [THERAPY] 29 assistant, licensed occupational therapist, or licensed occupational therapy assistant. 30 * Sec. 10. AS 08.84.120(a) is amended to read: 31 (a) The board may refuse to license an applicant, may refuse to renew the
01 license of a person, may discipline, and may suspend or revoke the license of a person 02 who 03 (1) has obtained or attempted to obtain a license by fraud or material 04 misrepresentation; 05 (2) uses drugs or alcohol in a manner that affects the person's ability to 06 practice physical therapy or occupational therapy competently and safely; 07 (3) has been convicted of a state or federal felony or other crime that 08 affects the person's ability to practice competently and safely; 09 (4) is guilty, in the judgment of the board, of gross negligence or 10 malpractice or has engaged in conduct contrary to the recognized standards of ethics 11 of the physical therapy profession or the occupational therapy profession; 12 (5) has continued to practice physical therapy or occupational therapy 13 after becoming unfit due to physical or mental disability; 14 (6) has failed to refer a patient to another qualified professional when 15 the patient's condition is beyond the training or ability of the person; 16 (7) as a physical therapist [THERAPY] assistant, has attempted to 17 practice physical therapy that has not been initiated, supervised, and terminated by a 18 licensed physical therapist; [OR] 19 (8) as an occupational therapy assistant, has attempted to practice 20 occupational therapy that has not been supervised by a licensed occupational therapist; 21 or 22 (9) failed to comply with this chapter, a regulation adopted under 23 this chapter, or an order of the board. 24 * Sec. 11. AS 08.84.130(a) is amended to read: 25 (a) A person not licensed as a physical therapist, or whose license is 26 suspended, [OR] revoked, or [WHOSE LICENSE IS] lapsed, who uses in connection 27 with the person's name the words or letters "P.T.," "Physical Therapist," 28 "Physiotherapist," "L.P.T.," [,] "Licensed Physical Therapist," or other letters, 29 words, or insignia indicating or implying that the person is a licensed physical 30 therapist, or who, in any way, orally [,] or in writing, directly or by implication, holds 31 out as a licensed physical therapist is guilty of a class B misdemeanor.
01 * Sec. 12. AS 08.84.130(b) is amended to read: 02 (b) A person not licensed as a physical therapist [THERAPY] assistant, or 03 whose license is suspended, [OR] revoked, or [WHOSE LICENSE IS] lapsed, who, in 04 any way, orally [,] or in writing, directly or by implication, holds out as a licensed 05 physical therapist [THERAPY] assistant is guilty of a class B misdemeanor. 06 * Sec. 13. AS 08.84.190 is amended by adding a new paragraph to read: 07 (8) "physical therapist assistant" means a person who assists in the 08 practice of physical therapy or portions of it as initiated, supervised, and terminated by 09 a licensed physical therapist; a physical therapist assistant's responsibilities do not 10 include testing or evaluation. 11 * Sec. 14. AS 11.41.470(1) is amended to read: 12 (1) "health care worker" includes a person who is or purports to be an 13 acupuncturist, advanced practice registered nurse, anesthesiologist, certified direct- 14 entry midwife, chiropractor, dentist, health aide, hypnotist, massage therapist, mental 15 health counselor, midwife, nurse, osteopath, naturopath, physical therapist, physical 16 therapist [THERAPY] assistant, physician, physician assistant, psychiatrist, 17 psychological associate, psychologist, radiologist, religious healing practitioner, 18 surgeon, x-ray technician, or a substantially similar position; 19 * Sec. 15. AS 47.17.290(14) is amended to read: 20 (14) "practitioner of the healing arts" includes athletic trainers, 21 chiropractors, mental health counselors, social workers, dental hygienists, dentists, 22 health aides, nurses, nurse practitioners, certified nurse aides, occupational therapists, 23 occupational therapy assistants, optometrists, osteopaths, naturopaths, physical 24 therapists, physical therapist [THERAPY] assistants, physicians, physician 25 [PHYSICIAN'S] assistants, psychiatrists, psychologists, psychological associates, 26 audiologists and speech-language pathologists licensed under AS 08.11, hearing aid 27 dealers licensed under AS 08.55, marital and family therapists licensed under 28 AS 08.63, behavior analysts, assistant behavior analysts, religious healing 29 practitioners, acupuncturists, and surgeons; 30 * Sec. 16. AS 08.84.190(7) is repealed. 31 * Sec. 17. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 APPLICABILITY. (a) AS 08.84.030, as amended by sec. 2 of this Act, and 03 AS 08.84.032, as amended by sec. 3 of this Act, apply to applications for licensure under 04 AS 08.84.040 submitted on or after the effective date of secs. 2 and 3 of this Act. 05 (b) AS 08.84.075(c), as amended by sec. 7 of this Act, and AS 08.84.075(d), as 06 amended by sec. 8 of this Act, apply to applications for limited permits under 07 AS 08.84.075(a) and (b) submitted on or after the effective date of secs. 7 and 8 of this Act. 08 * Sec. 18. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 TRANSITION. (a) Notwithstanding AS 08.84.010, as amended by sec. 1 of this Act, a 11 person who is a member of the State Physical Therapy and Occupational Therapy Board on 12 the effective date of this Act may serve the remainder of the member's term. The governor 13 shall make appointments under AS 08.84.010, as amended by sec. 1 of this Act, to fill 14 vacancies and expired terms on the State Physical Therapy and Occupational Therapy Board 15 that occur on or after the effective date of this Act. 16 (b) On and after the effective date of this Act, a person who holds a valid license to 17 practice as a physical therapist assistant on the effective date of this Act may continue to 18 practice as a physical therapist assistant until the license expires normally under AS 08.84, as 19 AS 08.84 existed before the effective date of this Act, but shall otherwise comply with 20 AS 08.84, as amended by this Act, and shall renew the license under AS 08.84, as amended 21 by this Act.