NEW JERSEY REGISTER
VOLUME 33, NUMBER 14

MONDAY, JULY 14, 2001
RULE ADOPTION
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS

STATE BOARD OF PHYSICAL THERAPY STATE BOARD OF PHYSICAL THERAPY
RULES

Additions to proposals are indicated by <<+Text +>>; deletions from
proposals are indicated by <<- Text ->>.

Changes in tables are made but not highlighted.


Readoption with Amendments: N.J.A.C. 13:39A

Proposed: May 7, 2001 at 33 N.J.R. 1309(a).

Adopted: June 12, 2001 by New Jersey State Board of Physical Therapy, Barry Inglett, President.

Filed: June 20, 2001 as R.2001 d.239, with technical changes not requiring additional public notice and comment (see N.J.A.C. 1:30-6.3.)

Authority: N.J.S.A. 45:1-32 and 45:9-37.18..

Effective Date: June 20, 2001,

Readoption; July 16, 2001, Amendments.

Expiration Date: June 20, 2006.

 Federal Standards Statement

A Federal standards analysis is not required because there are no Federal standards or requirements applicable to the readopted rules and the adopted amendments.

Full text of the readoption can be found in the New Jersey Administrative Code at N.J.A.C. 13:39A.

Full text of the adopted amendments follows:

SUBCHAPTER 1. AGENCY ORGANIZATIN AND ADMINISTRATION

<< NJ ADC 13:39A-1.1 >>

13:39A-1.1 Election of officers

The membership of the New Jersey Board of Physical Therapy shall once each year elect a chairperson, vice chairperson and a secretary. The chairperson shall have the responsibility to conduct all meetings unless, in his or her discretion, a delegation of that responsibility is made. In the absence of the chairperson and an express delegation of responsibility, the vice chairperson shall assume all of the duties of chairperson.

<< NJ ADC 13:39A-1.2 >>

13:39A-1.2 Delegation of authority to act on emergent applications

The chairperson shall be authorized to hear and decide emergent applications by the Attorney General made pursuant to N.J.S.A. 45:1-22 for the temporary suspension of any license. The chairperson may also undertake such other interim action as may be required by circumstances arising prior to the next meeting date of the Board, provided that said action is subsequently presented to the Board for its review and action. Any decision made by the chairperson pursuant to this rule shall be placed on the agenda of the Board at its next regularly scheduled meeting for the purpose of its review. Insofar as it is practicable, the Board shall be provided with a transcript of the record made before the chairperson and the parties will be permitted to supplement the record with written submissions.

SUBCHAPTER 2. PRACTICE AS A PHYSICAL THERAPIST AND PHYSICAL THERAPIST ASSISTANT

<< NJ ADC 13:39A-2.1 >>

13:39A-2.1 Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

. . .

"Direct supervision," when in reference to a physical therapist assistant, means the presence of the supervising physical therapist on site, readily available to respond to any consequence regarding a patient's treatment or a patient's reaction to the treatment.

"Disability" means the inability to engage in age specific, gender related, or sex specific roles in a particular social context and physical environment.

. . .

"Intervention" means interaction of the licensed physical therapist or licensed physical therapist assistant with the patient using various physical therapy procedures and techniques to produce changes in condition consistent with the patient evaluation and diagnosis.

. . .

"Physical therapy diagnosis" means a description placed on a group of signs and symptoms that are identified as a result of the examination and evaluative process. The purpose of the diagnostic determination is to allow the licensed physical therapist to select the appropriate physical therapy intervention(s) to initiate the most efficacious care for the purpose of achieving the patient's goals.

"Physical therapy evaluation" means a review exclusively by a licensed physical therapist based on data and information collected during the examination and before any intervention. The evaluation reflects the chronicity and severity of the current patient problem and the possibility of multisystem and multisite involvement that may coexist with preexisting <<- systematic->> <<+systemic+>> conditions or diseases. The evaluation considers the level of the current impairment(s), functional limitation(s) and <<-disability(s)->> <<+disability(ies)+>>, the living environment, potential discharge destination(s) and social support(s). A "physical therapy evaluation" does not include examining any person for the purpose of diagnosing any disease or organic condition.

"Physical therapy examination" means an inquiry conducted by a licensed physical therapist into the patient history, relevant systems review, and tests and measurements, which is conducted prior to any intervention. The history is an account of past and current health status. The system review is an examination that provides information about the general health of the patient that helps the licensed physical therapist determine physical therapy diagnosis, a prognosis and a plan of care. Tests and measurements are performed by the licensed physical therapist after review of the patient's history and systems reviewed to elicit additional information.

"Physical therapy instruction" means the act of providing consultative, educational or advisory services to one or more individuals for the purpose of preventing or reducing physical dysfunction and disability that may lead to reduced functional abilities.

"Physical therapy practice" means the examining, evaluating, diagnosing<<-,->> <<+of a patient by a licensed physical therapist and the+>> treating and<<-,->> instructing of patients by a licensed physical therapist or licensed physical therapist assistant. "Physical therapy treatment" means the interaction of the licensed physical therapist with the patient using various physical therapy procedures and techniques to produce changes in the condition consistent with the patient's dysfunction, disability, or level of function and consistent with the patient's projected outcome as a result of physical therapy intervention. When physical therapy instruction is provided to an individual as a part of his or her therapeutic interventions, the instruction must be considered part of physical therapy treatment.

"Physician direction" includes any of the following:

1. Written request or direction of a plenary licensed physician, or a dentist, podiatrist or chiropractor to the extent that the treatment prescribed is within the scope of his or her practice, or such other health care practitioner authorized to request and direct treatment;

2. Documentation of physician agreement for the patient's treatment which includes countersigning of the physical therapist's proposed plan of care;

3. Verbal direction, in person, via telephone, or electronically generated which shall be memorialized in writing within two weeks.

"Physician direction" does not include a patient's representation that he or she has obtained a physician request or direction.

"Referral" means the forwarding of a patient for professional services by one health care professional to another health care professional or health care entity which provides or supplies professional service, or the request for establishment of a plan of care by a health care professional, including the provision of professional services or other health care devices.

<< NJ ADC 13:39A-2.2 >>

13:39A-2.2 Authorized practice by a licensed physical therapist

(a) A licensed physical therapist may engage in the following activities and practices without physician direction:

1. Physical therapy examination, evaluation and diagnosis excluding electromyographic testing;

2. (No change.)

3. Modification of physical therapy treatment initiated upon physician direction provided that the modification is consistent with that physician direction. If the physical therapist wishes to alter a therapeutic plan in a manner not consistent with the initial physician direction, contact shall be made with the patient's physician for the purpose of obtaining additional direction.

(b) The licensed physical therapist shall continually monitor the patient's response to care and modify the therapeutic intervention in a manner that is consistent with achieving the therapeutic goals.

(c) A physical therapist may bill a patient or third party payor for a diagnostic test in connection with a physical therapy evaluation provided:

1.-3. (No change.)

4. Any repeat or subsequent testing shall be for the purpose of substantiating the effectiveness of the physical therapy intervention. Testing intervals shall be determined by the licensed physical therapist and shall be consistent with the patient's diagnosis, disability and impairment.

Recodify existing (c) and (d) as (d) and (e) (No change in text.)

<< NJ ADC 13:39A-2.3 >>

13:39A-2.3 Authorized practice by a licensed physical therapist assistant

(a) A licensed physical therapist assistant may initiate <<-patient->> physical therapy treatment and engage in the practice of physical therapy at the direction of and under the direct supervision of a licensed physical therapist pursuant to physician direction given to the physical therapist. A licensed physical therapist assistant shall not initiate physical therapy treatment upon the direction of a physician or other authorized health care provider without the direct supervision of a physical therapist.

(b) A licensed physical therapist assistant shall document treatments in the patient record. The supervising physical therapist shall review and cosign contemporaneously the licensed physical therapist assistant's entries into the patient record.

(c) The licensed physical therapist assistant may participate in collecting data for the examination of the patient; however, any interpretation of the data or assessment shall be made by the supervising physical therapist.

(d) A licensed physical therapist assistant shall not perform a physical therapy examination, evaluation or diagnosis, develop a treatment plan, modify a treatment plan, or independently engage in physical therapy instruction, including, but not limited to, the recommendation of assistive devices and modifications of the patient's physical environment.

<< NJ ADC 13:39A-2.4 >>

13:39A-2.4 Delegation by a physical therapist to unlicensed persons

(a) Licensed physical therapists may delegate to unlicensed persons routine tasks relating to the cleanliness and maintenance of equipment and the physical plant and the management of the business aspects of the practice and such other assignments with respect to patient care as may be specifically made by the physical therapist, including transporting the patient, positioning of the patient and assisting with the undressing and dressing of the patient.

(b) A physical therapist shall not authorize or permit an unlicensed person to engage in the following activities:

1.-2. (No change.)

3. Make notations in the patient's record in relation to clinical treatment;

4. Place electrodes of any kind on the skin;

5. Administer any modalities.

6. Instruct and/or perform therapeutic exercise(s) and/or therapeutic activity(s); and

7. Provide therapeutic massage.

<< NJ ADC 13:39A-2.5 >>

13:39A-2.5 Referral of patients by chiropractors

(a) Except as set forth in

(b) below, a physical therapist shall not initiate physical therapy treatment unless the physical therapist has received the following information from the referring chiropractor in writing:

1.-3. (No change.)

4. The purpose of referral; and

5. (No change.)

(b) A physical therapist may initiate physical therapy treatment based on verbally supplied information provided that the physical therapist ensures that such information is confirmed in writing within two weeks.

(c)-(d) (No change.)

SUBCHAPTER 3. BUSINESS PRACTICES; PROFESSIONAL CONDUCT

<< NJ ADC 13:39A-3.1 >>

13:39A-3.1 Patient records

(a) A licensed physical therapist shall prepare and maintain for each patient a contemporaneous, permanent patient record that accurately reflects the patient contact with the physical therapist whether in an office, hospital or other treatment, evaluation or consultation setting.

(b) A licensed physical therapist shall not falsify a patient's record.

(c) The patient record shall include, in addition to usual and customary information, at least the following information:

1. (No change.)

2. Dates of all examination, evaluation, <<+physical therapy+>> diagnosis and treatment sessions;

3. The findings of the examination including test results;

4. The conclusion of the evaluation;

5. The determination of the <<+physical therapy+>> diagnosis;

6. Documentation of physician direction and memorialization of verbal and/or electronically submitted orders;

7. A plan of care establishing measurable goals of the intervention with stated time frames, the type of intervention, and the frequency and expected duration of intervention;

8. A contemporaneous note that accurately represents the services rendered during the treatment sessions including, but not limited to, the components of intervention and the patient's response to intervention;

9. Progress notes in accordance with stated goals at a frequency consistent with <<+physical therapy+>> diagnosis, evaluative findings and changes in the patient's conditions;

10. The signature or initials and license number of the licensee who rendered care. If the licensee chooses to sign by means of initials, his or her complete signature and license number shall appear at least once on every page;

11. Changes in the treatment plan which shall be documented contemporaneously and supported by physician concurrence;

Recodify existing 9.-11. as 12.-14. (No change in text.)

(d) (No change in text.)

<< NJ ADC 13:39A-3.2 >>

13:39A-3.2 Use of personal or other computer to prepare patient records

(a)-(b) (No change.)

(c) The licensee shall finalize or "sign" the entry by means of a CPC. Where more than one individual is authorized to make entries into the computer file of any patient record, the licensee responsible for the entity shall assure that each such person obtains a CPC and uses the program in the same manner.

(d) The licensee shall generate a hard copy of the complete patient record upon request.

<<NJ ADC 13:39A-3.3 >>

13:39A-3.3 Release of patient record

(a) A licensed physical therapist shall provide one copy of the patient's record of physical therapy treatment within 15 days of a written request by the patient or any person whom the patient has designated to receive that record.

(b) Licensed physical therapists may require a record request to be in writing and may charge a fee for the reproduction of records, which shall be no greater than $1.00 per page or $100.00 for the entire record, whichever is less. (If the record requested is less than 10 pages, the licensee may charge up to $10.00 to cover postage and the miscellaneous costs associated with retrieval of the record.) If the patient requests a summary in lieu of the actual record, the charge for the summary shall not exceed the cost that would be charged for the actual record.

(c) If the patient or a subsequent treating health care professional is unable to read the treatment record, either because it is illegible or prepared in a language other than English, the licensed physical therapist shall provide a transcription at no cost to the patient or the person requesting the record.

(d) Where the patient has requested the release of a professional treatment record or a portion thereof to a specified individual or entity, in order to protect the confidentiality of the records, the licensed physical therapist shall:

1.-2. (No change.)

3. Forward the records to the attention of the specific individual or entity identified and mark the material "Confidential."

(e) A licensed physical therapist shall not withhold or delay providing a record because the patient failed to pay for services rendered.

<<NJ ADC 13:39A-3.4 >>

13:39A-3.4 Financial arrangements with clients and third party payors

(a) Fees for physical therapy services shall be reasonable and commensurate with fees of physical therapists offering like services or intervention in the geographic area and shall be in accordance with the provisions of N.J.A.C. 13:39A-3.6 prohibiting excessive fees.

(b) Prior to the initiation of physical therapy, the licensed physical therapist or the licensed physical therapist's designee shall explain to the patient in an understandable manner the financial arrangements. The information provided to the patient shall include, but not be limited to:

1.-4. (No change.)

(c) A licensed physical therapist shall not require a patient or a third party payor to pay:

1.-3. (No change.)

4. A fee for any physical therapy examination, evaluation, intervention or other services not documented in a patient's permanent record in a manner consistent with N.J.A.C. 13:39A-3.1(a); or

5. (No change.)

(d) A licensed physical therapist shall provide a copy of a written fee schedule to any interested person upon request.

(e) A licensed physical therapist shall include on all bills submitted to a patient or third party payor the licensee's license number.

<<NJ ADC 13:39A-3.5 >>

13:39A-3.5 Display of notice of licensure; notification of availability of fee information

(a) Every licensee shall conspicuously display his or her biennial renewal certificate and the following notices in a public area in any office or health care facility at which the licensee practices physical therapy: 1. "Physical therapists and physical therapist assistants are licensed by the Board of Physical Therapy, an agency of the Division of Consumer Affairs. Any member of the public may notify the Board of any complaint relative to the practice conducted by a physical therapist or physical therapist assistant. The Board address is: Division of Consumer Affairs, Board of Physical Therapy, Post Office Box 45014, 124 Halsey Street, Newark, New Jersey 07101, Tel: (973) 504-6455."

2. (No change.)

(b) (No change.)

<<NJ ADC 13:39A-3.6 >>

13:39A-3.6 Prohibition on excessive fees; overutilization

(a) A licensee shall not charge an excessive fee for services. A price is excessive when, after review of the facts, a licensee of ordinary prudence would be left with a definite and firm conviction that the price is so high as to be manifestly unconscionable or overreaching under the circumstances.

(b) Factors which may be considered in determining whether a price is excessive include, but are not limited to, the following:

1. (No change in text.)

2. The novelty and difficulty of the professional intervention;

3. The skill required to perform the intervention properly;

Recodify existing iv. and v. as 4. and 5. (No change in text.)

6. The nature and circumstances under which the services were provided (for example, emergency, home visit).

(c) A licensed physical therapist shall not provide intervention or conduct testing which in light of the patient's history and findings are unwarranted and unnecessary.

(d) A licensed physical therapist shall not charge a fee to a patient or a third party payor for an intervention or other physical therapy which is unwarranted and unnecessary.

(e) (No change.)

<<NJ ADC 13:39A-3.8 >>

13:39A-3.8 Violative acts; professional misconduct

(a) The following acts or practices shall be among those deemed to be violative of N.J.S.A. 45:9-37.11 et seq., and to constitute professional misconduct pursuant to N.J.S.A. 45:1-21(e):

1. Accepting, or agreeing to accept, from any person, firm or corporation any fee, commission, rebate, gift or other form of remuneration for prescribing, ordering or promoting the sale of a device, appliance or other item or service; except that nothing in this section shall preclude a licensed physical therapist from accepting a product or commodity which can be used as a sample by patients, provided that the physical therapist does not charge the patient for such items;

2. (Reserved)

3. Charging any patient a fee for making a referral to a physician or other health care professional authorized to direct the initiation of physical therapy, for the purpose<<-d->> of obtaining clearance for physical therapy. Nothing in this section shall preclude a physical therapist from charging a patient for a physical therapy examination and evaluation conducted prior to referral;

4.-5. (No change.)

6. Rendering an intervention when, in the exercise of his or her professional judgment, the physical therapist may deem such treatment to be unnecessary. The physical therapist shall notify the referring professional in writing that treatment is to be terminated and the reason(s) for such termination;

7. Aiding or abetting the unlicensed practice of physical therapy;

8. Falsifying or altering any patient records for the purpose of obtaining payment for services which were not rendered;

9. Authorizing the submission of any bill for professional services which were not rendered, or which were rendered <<-merely->> <<+only+>> for the purpose of obtaining additional reimbursement;

10. Failure by a licensed physical therapist to assure that any bills for services rendered under his or her professional license accurately represents the services rendered and that charges submitted for services rendered by a physical therapist or physical therapist assistant are based solely upon the services reflected in the patient record; or

11. Failure to produce a hard copy of a complete patient record upon request.

SUBCHAPTER 4. UNLICENSED PRACTICE

<< NJ ADC 13:39A-4.1 >>

13:39A-4.1 Acts amounting to unlicensed practice

(a) For the purpose of the Board's construction of N.J.S.A. 45:9-37.10, the following acts or practices shall be deemed to be the unlicensed practice of physical therapy:

1. Offering physical therapy examination, evaluation, instruction or intervention by means of advertisement or solicitation by any person who does not hold a license as a physical therapist, a physical therapist assistant, M.D., D.O., D.P.M., D.D.S. or D.M.D. (to the extent authorized by N.J.S.A. 45:5-7), even if that person has been instructed or directed to offer that treatment or render that treatment by a physical therapist, physical therapist assistant, M.D., D.O., D.P.M., D.D.S. or D.M.D.;

2. The use of the words physical therapy, physical therapist, physiotherapy, physiotherapist or such similar words or their related abbreviations in connection with the offering of physical therapy agents measures and services which are utilized in the rendition of physical therapy treatment by any person who does not hold a license as a physical therapist, a physical <<- therapy->> <<+therapist+>> assistant, an M.D., D.O., D.P.M., D.D.S. or D.M.D. even if that person has been instructed or directed to use such terminology by a physical therapist, physical therapist assistant, M.D., D.O., D.P.M., D.D.S. or D.M.D.;

3. Billing any patient or third party payor for "physical therapy" or "physiotherapy" in connection with the use of physical therapy agents, measures or services, if the individual who personally rendered the services does not hold a license to practice physical therapy, medicine, surgery, <<+ dentistry+>> or podiatry; or

4. (No change.)

SUBCHAPTER 5. CREDENTIALING OF APPLICANTS

<<NJ ADC 13:39A-5.1 >>

13:39A-5.1 Educational credentials for applicants for licensure as physical therapists

(a) Applicants for physical therapy examination shall submit to the Board satisfactory proof of:

1. (No change.)

2. With respect to foreign educated applicants for licensure as physical therapists, the applicant shall demonstrate satisfactory evidence of graduation from a physical therapy program that is substantially equivalent to a physical therapy program approved for the education and training of physical therapists by an accrediting agency recognized by the Council on Post- secondary Accreditation and the United States Department of Education. The applicant shall present evidence of successful completion of course work with a minimum of a bachelor's degree in physical therapy awarded by an institution which is approved by the foreign applicant's Ministry of Education/Health for the education of physical therapists. The applicant shall have completed a minimum of 120 semester hour credits, with a minimum of 50 semester hour credits in general education and a minimum of 60 semester hour credits in professional education. General education courses shall include, but not be limited to, mathematics, physical science which includes a one semester course in physics and a one semester course in chemistry, biological science, humanities, social science and behavioral science. The professional component of the program shall include, but not be limited to, basic health sciences, clinical sciences, clinical education and related professional courses.

3. Applicants for licensure as a physical therapist who have completed their education subsequent to January 1, 2002 shall demonstrate satisfactory evidence of graduation from a physical therapy program that is substantially equivalent to a physical therapy program approved for the education and training of physical therapists by an accrediting agency recognized by the Council on Post Secondary Accreditation and the United States Department of Education. The applicant shall demonstrate successful completion of coursework beyond the bachelor's degree leading to a degree or certificate in physical therapy being awarded by an institution which is approved by that country's Ministry of Education/Health for the education of physical therapists. The applicant's transcript shall show a bachelor's degree with a minimum of 120 semester hour credits, with a minimum of 60 semester hour credits of professional education, 29 of which must be completed post-baccalaureate. The transcript must show general education which shall include, but not be limited to, mathematics, physical science which included a two semester class in physics and a two semester course in chemistry, biological science, humanities, social science and behavioral science. The professional component of the program shall include, but not be limited to, basic health services, clinical sciences, clinical education and related professional courses.

(b) Proof of eligibility for licensure in the foreign country where the requisite education was obtained shall be submitted to the Board by the credentialing agency on behalf of all foreign educated applicants seeking licensure in this State.

<<NJ ADC 13:39A-5.2 >>

13:39A-5.2 Examination standards for applicants for licensure as physical therapists

(a) Applicants for licensure as physical therapists submitting satisfactory proof of educational attainment as set forth in N.J.A.C. 13:39A-5.1 shall be admitted to take the written examination administered by the Board or such standardized examination as the Board may select pursuant to N.J.S.A. 45:9- 37.25.

(b) Upon satisfactory passage of such examination, an applicant shall be deemed eligible for licensure. Satisfactory passage of the examination shall be attained upon receipt of a score of at least 600 based on a scale of 200 to 800.

(c) Applicants shall pass all portions of the examination at the same sitting. Applicants shall not be permitted to retake only those portions of the examination which previously have been failed.

<<NJ ADC 13:39A-5.3 >>

13:39A-5.3 Educational credentials for applicants for licensure as physical therapist assistants

Applicants for examination as physical therapist assistants shall submit to the Board satisfactory proof of graduation from a physical therapist assistant program which has been approved for the education and training of physical therapist assistants by an accrediting agency recognized by the Council on Post-secondary Accreditation and the United States Department of Education.

<<NJ ADC 13:39A-5.4 >>

13:39A-5.4 Examination standards for applicants for licensure as physical therapist assistants

(a) Applicants for licensure as physical therapist assistants submitting satisfactory proof of educational attainment as set forth in N.J.A.C. 13:39A-5.3 shall be admitted to take the written examination administered by the Board or such standardized examination as the Board may select pursuant to N.J.S.A. 45:9-37.25. (

b) Upon satisfactory passage of such examination, an applicant shall be deemed eligible for licensure. Satisfactory passage of the examination shall be attained upon receipt of a score of at least 600 based on a scale of 200 to 800.

(c) Applicants shall pass all portions of the examination at the same sitting. Applicants shall not be permitted to retake only those portions of the examination which previously have been failed.

<<NJ ADC 13:39A-5.5 >>

13:39A-5.5 Endorsement

Applicants possessing a valid license issued by another state may be deemed eligible for licensure in New Jersey without examination if the criteria for licensure in the other state are deemed by the Board to be substantially equivalent to those required in New Jersey and the applicant has not previously failed the examination administered by the Board. Nothing herein shall preclude the Board, in its discretion, from deeming an applicant, who possesses a license issued by another jurisdiction, who has failed the examination administered by the Board, to be eligible for licensure.

<<NJ ADC 13:39A-5.7 >>

13:39A-5.7 Language comprehension requirements

(a) An applicant for licensure as a physical therapist or a physical therapist assistant who has received his or her physical therapy training in a country other than the United States of America, the United Kingdom, the Republic of Ireland, Canada except Quebec Province, Australia, New Zealand, Jamaica, Nigeria or Ghana, shall submit to the Board evidence of attainment of a score of at least 213 on the Test of English as a Foreign Language (TOEFL) examination, which test shall have been taken within the two years immediately preceding the filing of the application for licensure in New Jersey.

(b) The TOEFL examination score shall be submitted with the application for licensure.

(c) The TOEFL requirement may be waived for applicants who have received their training in countries other than those listed in (a) above upon submission of a written request to the Board which demonstrates good cause for the granting of the waiver. In such cases the Board may also require a personal interview with the applicant.

<<NJ ADC 13:39A-5.9 >>

13:39A-5.9 Non-appearance at examination

Failure to appear at any scheduled examination shall be deemed a failure of the examination unless, in the Board's discretion, good cause such as health, accident, disability or military service has been shown for the applicant's failure to appear.

SUBCHAPTER 6. TEMPORARY LICENSES FOR PHYSICAL THERAPISTS

<<NJ ADC 13:39A-6.1 >>

13:39A-6.1 Temporary license

(a) Any person deemed eligible to sit for the initial examination for licensure as a physical therapist or a physical therapist assistant, may apply for the issuance of a temporary license to practice physical therapy under the supervision of a New Jersey licensed physical therapist by indicating such on the initial application for examination. (b) At the time of submission of the initial application for licensure in this State, the candidate shall disclose in writing any physical therapy licensure examinations taken in other jurisdictions which the applicant has failed.

<<NJ ADC 13:39A-6.2 >>

13:39A-6.2 Expiration of temporary license

(a) A temporary license issued to a person who has applied for licensure automatically expires 120 days from the date of issuance or upon notification by the Board of the candidate's failure of the examination in this State or the failure of the same standardized examination taken in another state.

(b) Upon expiration of the temporary license, the candidate shall not practice physical therapy and shall refrain from practicing physical therapy thereafter until the person successfully attains licensure.

<<NJ ADC 13:39A-6.3 >>

13:39A-6.3 Renewal; consequences of second failure; notice of examination in another jurisdiction

(a) The holder of a temporary license who has failed in this State or in any other state the first examination for which he or she has been scheduled, may have his or her temporary license renewed by the Board for a period not to exceed 120 days, by completing a renewal application form and paying the renewal fee as set forth in N.J.A.C. 13:39A-1.3.

(b) If the holder of a temporary license fails a subsequent examination in this State or the same standardized examination in any other state, within the 120 day period, he or she shall immediately surrender the temporary license to the Board. (c) Holders of temporary licenses shall notify the Board of their intention to take the examination in other states or jurisdictions and the results of those out-of-State examinations shall be reported to the Board within 10 days of receipt of notification of failure.

SUBCHAPTER 7. SUPERVISION OF PHYSICAL THERAPIST ASSISTANTS

<<NJ ADC 13:39A-7.1 >>

13:39A-7.1 Supervision requirement; physical therapist assistant

(a) (No change.)

(b) The maximum physical therapist to physical therapist assistant ratio shall be one physical therapist to two physical therapist assistants at any one time.

(c)-(d) (No change.)

(e) In an emergency situation which causes the unanticipated absence of the supervising physical therapist, a licensed physical therapist assistant may continue to render services to only those patients for which the licensed physical therapist assistant has previously participated in the intervention for established plans of care not to exceed the regularly scheduled operational hours of that particular day.

(f) Every effort shall be made by the licensed physical therapist and/or the licensed physical therapist assistant to obtain direct supervision in the care described in (e) above.

<<NJ ADC 13:39A-7.2 >>

13:39A-7.2 Responsibilities of designated physical therapist supervisor

(a) The physical therapist supervisor shall be in the same building or, where physical therapy is rendered in several contiguous buildings, in one of the contiguous buildings, while the physical therapist assistant is rendering care. The physical therapist supervisor shall be constantly available through electronic communications for consultation or for recall to the area where the licensed physical therapist assistant is rendering care.

(b) The supervising physical therapist's professional judgment shall ultimately determine the safe provision of physical therapy services being rendered by the physical therapist assistant(s).

(c) (No change.)

(d) The supervising physical therapist shall review the plan of care with the physical therapist assistant:

1. Before a physical therapist assistant provides care to a patient for the first time;

2.-3. (No change.)

(e) At least once every 30 days after initial review of a new or revised plan of care with the licensed physical therapist assistant, the supervising physical therapist shall document in the patient record that he or she has reviewed the patient's progress and plan of care with the assistant, including the dates when those reviews took place. Such documentation may be incorporated into progress notes written by the physical therapist and the physical therapist assistant and need not require separate or additional notes.

<< NJ ADC 13:39A-7.3 >>

13:39A-7.3 Responsibilities of physical therapist assistant

(a) (No change.)

(b) A physical therapist assistant shall obtain the signature of the designated physical therapist supervisor indicating that the designated supervisor reviewed the plan of care and the date when that review took place. The supervising physical therapist's signature in the record shall serve as evidence that the plan of care has been reviewed by the supervising physical therapist.

(c) At least once every 30 days after the initial review of a new or revised plan of care with the supervising physical therapist, the physical therapist assistant shall document in the patient record that the patient's progress and plan of care were reviewed with the supervising physical therapist including the dates when those reviews took place. Such documentation may be incorporated into progress notes or treatment notes written by the physical therapist and the physical therapist assistant and need not require separate or additional notes.

SUBCHAPTER 7A. SUPERVISION OF TEMPORARY LICENSED PHYSICAL THERAPISTS AND PHYSICAL THERAPIST ASSISTANTS

<<NJ ADC 13:39A-7A.1 >>

13:39A-7A.1 Supervision requirement; temporary licensed physical therapist; temporary licensed physical therapist assistant

a)-(e) (No change.)

(f) In the absence of the supervising physical therapist, a physical therapist or physical therapist assistant holding a temporary license in the State of New Jersey shall not provide services.

<<NJ ADC 13:39A-7A.2 >>

13:39A-7A.2 Responsibilities of designated supervisor

(a) The physical therapist supervisor shall be subject to those responsibilities set forth in N.J.A.C. 13:39A-7.2, as they relate to the supervision of temporary licensed physical therapists and/or temporary licensed physical therapist assistants. (b) (No change.)

<<NJ ADC 13:39A-7A.3 >>

13:39A-7A.3 Responsibilities of temporary licensed physical therapist; temporary licensed physical therapist assistant

(a)-(b) (No change.)

(c) At least once every 30 days after the initial review of a new or revised plan of care with the supervising physical therapist, the temporary licensed physical therapist or temporary licensed physical therapist assistant shall document in the patient record that the patient's progress and plan of care was reviewed with the supervising physical therapist, including the dates when those reviews took place. Such documentation may be incorporated into progress notes or treatment notes written by the physical therapist and the temporary licensed physical therapist or the temporary licensed physical therapist assistant and need not require separate or additional notes.

SUBCHAPTER 8. ADVERTISING

<<NJ ADC 13:39A-8.1 >>

13:39A-8.1 Advertising and solicitation practices

(a)-(d) (No change.)

(e) The Board may require a licensed physical therapist to substantiate the truthfulness of any assertion or representation set forth in an advertisement.

(f)-(i) (No change.)

<<NJ ADC 13:39A-8.5 >>

13:39A-8.5 Use of professional credentials and certifications

(a) (No change.)

(b) A licensee shall use the designation "physical therapist" or "physical therapist assistant" or the abbreviation "PT" or "PTA" in conjunction with the use of his or her name and license number. Academic degree designations may be placed after the name and the title.

(c) (No change.)


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