New Jersey Statewide Navigation Bar
NJ Office of the Attorney General
Division of Consumer Affairs
DCA Highlights Search Licensees Complaint Forms Consumer Information Professional Boards and Advisory Committees DCA News Contact Information
Division of Consumer Affairs A-Z List

NEW JERSEY REGISTER
VOLUME 37, NUMBER 7
MONDAY, APRIL 4, 2005
RULE PROPOSAL

LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF PHYSICAL THERAPY EXAMINERS
STATE BOARD OF PHYSICAL THERAPY EXAMINERS RULES

Proposed Amendments: N.J.A.C. 13:39A-1.1, 1.3, 2.1, 2.2, 2.3, 3.1, 3.5, 3.8, 5.1, 5.7 and 6.4

Proposed Repeals: N.J.A.C. 13:39A-2.5, 5.1, 5.2, 5.3, 5.4, 6.1, 6.2, 6.3 and 7A

Proposed New Rules: N.J.A.C. 13:39A-2.5, 5.1, 5.2, 5.3, 5A, 6.2 and 9

Authorized By: State Board of Physical Therapy Examiners, Susan Gartland, Executive Director.

Authority: N.J.S.A. 45:9-37.13 et seq.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2005-116.

Submit written comments by June 3, 2005 to:

Susan Gartland, Executive Director

State Board of Physical Therapy Examiners

PO Box 45014

Newark, NJ 07101

The agency proposal follows:

Summary

As a result of the enactment of P.L. 2003, c.18 (N.J.S.A. 45:9-37.13 et al.), the State Board of Physical Therapy Examiners (the Board) is proposing several new rules as well as amendments and repeals of certain sections of its current rules to effect the new statutory provisions. In addition, changes to the Uniform Enforcement Act, N.J.S.A. 45:1-1 et seq., require modification of several sections of the Board's rules.

The following is a summary of the proposed amendments, repeals and new rules.

The proposed amendment to N.J.A.C. 13:39A-1.1 would revise this section to reflect the new statutory name which is the State Board of Physical Therapy Examiners.

Proposed amendments to N.J.A.C. 13:39A-1.3 would delete the temporary license fee for physical therapists and physical therapist assistants from the Board's fee schedule because the current rule that provides for temporary licensure at N.J.A.C. 13:39A-6.1 is proposed to be repealed, thereby obviating the need for a fee. The Board also proposes an amendment to this section to include a $100.00 continuing professional education provider submission fee which would be required of providers of certain continuing professional education courses, programs and seminars pursuant to proposed new rule N.J.A.C. 13:39A-9.5. Lastly, the Board proposes to include an inactive license fee the amount of which will be determined by the Director of Consumer Affairs pursuant to the Director's rulemaking authority. The inactive license was established by recent changes to the Uniform Enforcement Act, N.J.S.A. 45:1-1 et seq., which gives the Director rulemaking authority for inactive license fees.

Proposed amendments to N.J.A.C. 13:39A-2.1 add, delete and change several definitions of words and terms used in these rules. Specifically, amendments to the definitions for "direct supervision" and "physical therapy and physical therapy practice" are proposed so that these definitions are reconfigured to be identical to those in the statute at N.J.S.A. 45:9-37.13. The defined term "physical therapy treatment" is proposed to be changed to "physical therapy intervention" to be consistent with terminology used in current practice; similarly, the present definition of "intervention" is proposed to be repealed since it would be unnecessary since it will be reformulated under the definition for "physical therapy intervention." Two new definitions are being proposed, "physical therapy prognosis" and "plan of care," which are being used to clarify the scope of practice of physical therapists. Lastly, the definition for "physician direction" is proposed to be deleted because the new law eliminated the requirement for physical therapists to receive physician direction for the initiation of treatment.

N.J.A.C. 13:39A-2.2 concerning the authorized practice by a licensed physical therapist is proposed to be amended to clarify that a physical therapist may be engaged in physical therapy and physical therapy practice, which includes, but is not limited to, physical therapy examination, evaluation, diagnosis and prognosis which includes the establishment of the plan of care and all interventions. In addition, language in paragraph (e)2 concerning "specific direction from the referring licensed health care provider" is proposed to be deleted. These amendments are proposed so that the rule is consistent with the new definition of physical therapy and physical therapy practice as stated in N.J.S.A. 45:9-37.13 as well as the removal of the statutory requirement that physical therapy care can only be provided under the specific direction of a referring licensed health care provider.

Amendments to N.J.A.C. 13:39A-2.3, concerning the permissible duties of licensed physical therapist assistants, are proposed to clarify that they are not authorized to engage in the full range of duties included in the definition of practice of the physical therapy.

N.J.A.C. 13:39A-2.5, concerning referral of patients by chiropractors, is proposed to be repealed and replaced with a new rule setting forth the standards for physical therapist's referral of patients to other health care professionals and consultation with a patient's licensed health care provider of record.

The rule concerning patient records, N.J.A.C. 13:39A-3.1, is proposed to be amended to delete language requiring "usual and customary information" and instead specifically require "personal identifying information, consents and disclosures" in order to clarify what information must be included in the patient record. The proposed amendment also requires that the dates of diagnoses and prognoses, including the plans of care and interventions, be kept as well. In addition, the amendment adds the prognosis as an item to be kept in the patient record.

N.J.A.C. 13:39A-3.5 is proposed for amendment to change the name of the Board that appears on the biennial renewal certificate and for purposes of correspondence with the Board to be consistent with the recent statutory changes.

N.J.A.C. 13:39A-3.8 is proposed for amendment to replace the term physical therapy treatment with physical therapy intervention to be consistent with the proposed amendments in the definitions in N.J.A.C. 13:39A-1.1 and add failure to refer a patient to another licensed health care professional as required by N.J.A.C. 13:39A-2.5 as an act that would constitute professional misconduct pursuant to N.J.S.A. 45:1-21(e).

Proposed amendments to N.J.A.C. 13:39A-5.1 delete the current educational requirements for applicants for licensure as physical therapists and replace them with a new provision setting forth the new statutory licensing requirements. Under the amended rule, an applicant must be at least 18 years of age; be of good moral character; have completed a college-level, accredited program of physical therapy; possess a minimum of a master's degree in physical therapy, except for an applicant who prior to January 1, 2003, possessed a minimum of a bachelor's degree in physical therapy or a bachelor's degree and a certificate in physical therapy; have completed all required clinical education; and have successfully completed the written examination set forth in N.J.A.C. 13:39A-5.2. The amended rule also sets forth the requirements for applicants who are graduates of foreign schools.

N.J.A.C. 13:39A-5.2 is proposed for repeal to delete the current examination requirements and replace them with a new rule setting forth the examination standards for physical therapist and physical therapist assistant applicants. The proposed new rule requires applicants to pass the National Physical Therapy Examination, or National Physical Therapist Assistant Examination depending on the license for which the applicant is applying, and the State jurisprudence examination.

N.J.A.C. 13:39A-5.3 is proposed for repeal to delete the current licensing requirements for physical therapist assistants and replace them with a new rule that sets forth the requirements as stated in the new law. These new requirements include that an applicant be at least 18 years of age; be of good moral character; have completed an associate degree; have completed a two-year program in a physical therapist assistant program; have completed all required clinical education; and have successfully completed the written examination set forth in N.J.A.C. 13:39A-5.2.

N.J.A.C. 13:39A-5.4, concerning examination standards for applicants for licensure as physical therapist assistants, is proposed to be repealed and reserved for later use because the new examination standards are proposed to be consolidated with the physical therapist examination standards in N.J.A.C. 13:39A-5.2.

N.J.A.C. 13:39A-5.7 sets forth the language comprehension requirements for physical therapist and physical therapist assistants. A proposed amendment would increase the minimum score on the Test of English as a Foreign Language (TOEFL) from 213 to 220 and would remove the countries of Jamaica, Nigeria and Ghana from the list of countries exempt from taking TOEFL. These changes are proposed to make the rule consistent with Federal regulations promulgated by the Immigration and Naturalization Service that establish English language proficiencies for health care workers.

Proposed new Subchapter 5A concerns the requirements for license renewal. Specifically, N.J.A.C. 13:39A-5A.1 sets forth that all licenses are issued on a biennial basis. To renew, a license must submit a renewal application and the appropriate licensee renewal fee prior to the expiration of the current license. The renewal application must provide the applicant with the option of either active or inactive status. If the licensee does not renew in a timely manner, the licensee may renew the license within 30 days of its expiration by submitting the application, renewal fee and a late fee. A license that is not renewed within 30 days after expiration will be automatically suspended.

Proposed new rule N.J.A.C. 13:39A-5A.2 sets forth the process for a person to reactivate a license that is inactive which process includes paying the renewal fee and completed 30 continuing professional education credits per biennial renewal period that the licensee had been inactive up to a maximum of 60 credits. The licensee would be required to complete 30 credits within two years immediately preceding reactivation and any remaining credits would have to have been completed within four years immediately preceding reactivation.

Proposed new rule N.J.A.C. 13:39A-5A.3 establishes the requirements for reinstating a suspended license. The process would include a requirement that the applicant submit a completed reinstatement application and one of the following: a certification of good standing from any other state or jurisdiction in which the applicant had been practicing during the period of suspension, a certification that the applicant was practicing in a state or jurisdiction that does not require licensure or a certification that the applicant had not been practicing physical therapy during the period of suspension. The applicant would be required to complete 30 continuing professional education credits per biennial renewal period that the licensee had been suspended with a maximum of 60 credits. The applicant for reinstatement would be required to complete 30 credits within two years immediately preceding reinstatement and any remaining credits would have to have been completed within four years immediately preceding reinstatement. In addition, the applicant would have to pay a reinstatement fee as well as all past delinquent biennial renewal fees. An applicant who had been suspended for a period of five or more years would also be required to take the licensure examinations.

N.J.A.C. 13:39A-6.1, 6.2 and 6.3, concerning temporary licensure of physical therapists and physical therapist assistants, are proposed to be repealed because the new law removed the authority of the Board to issue temporary licenses at N.J.S.A. 45:9-37.28.

N.J.A.C. 13:39A-6.4, concerning temporary licenses for visiting physical therapists and physical therapist assistants, is proposed to be recodified as N.J.A.C. 13:39A-6.1 and amended to make minor technical changes.

Proposed new rule N.J.A.C. 13:39A-6.2 delineates the responsibilities of temporary visiting physical therapist assistants, including a requirement that the physical therapist assistant not render care unless under direct supervision of a designated supervising physical therapist; that the physical therapist assistant obtain the signature of the supervising physical therapist indicating that the physical therapist reviewed the plan of care; and that at least 30 days after the initial review of a new or revised plan of care, the visiting physical therapist assistant document in the patient record that the patient's progress and that the plan of care has been reviewed with the supervising physical therapist.

The entire Subchapter 7A, which includes N.J.A.C. 13:39A-7A.1 through 7A.3 and concerns the supervision of temporary licensed physical therapists and physical therapist assistants, is proposed to be repealed and reserved because it is unnecessary with the elimination of these temporary licenses.

Proposed new Subchapter 9 provides for the implementation of the new continuing professional education (CPE) requirement established in the new law. Specifically, proposed new N.J.A.C. 13:39A-9.1(a) requires, effective February 1, 2006, the beginning of the new biennial licensing period, for licensees to complete the CPE requirement for the next biennial licensure period beginning February 1, 2008. Subsection (b) implements the ongoing biennial requirement, and subsection (c) requires that licensees upon license renewal attest that they have completed the CPE requirements and that falsification of any information submitted in the renewal application could result in disciplinary action.

Proposed new rule N.J.A.C. 13:39A-9.2 sets forth the CPE credit hour requirement of 30 credit hours per biennial period. However, newly licensed persons would not be required to complete 30 CPE credits for the biennial renewal period immediately following their initial licensure and would have the following requirements for that biennial renewal: persons initially receiving their licenses in the first year of the biennial licensing period are required to complete a minimum of 15 CPEs, or one-half of the required credits, and persons initially receiving their licenses in the second year of the biennial licensing period are exempt from the CPE requirement. A credit hour means 50 minutes of time spent in learning activities. Furthermore, any CPE that is required by the Board as part of a disciplinary or remedial measure does not qualify as part of the regular biennial renewal CPE requirement.

Proposed new rule N.J.A.C. 13:39A-9.3 details the acceptable CPE course offerings, including certain pre-approved courses, and details the calculation of CPE credits for various types of courses, programs, seminars and other approved CPE activities. Some limitations are placed on the type and source of the CPE credit to provide for more diverse education. The Board is required to review and approve all CPE courses, programs and seminars, except for those that are pre-approved under this rule, that meet the requirements under this subchapter. The Board is also required to maintain a list of all approved courses. Under this proposed new rule, licensees may also submit courses, programs and seminars that have not previously been approved by the Board or pre-approved under this rule. In addition, CPE courses, programs and seminars must be offered on a nondiscriminatory basis.

Proposed new rule N.J.A.C. 13:39A-9.4 establishes the documentation requirements of licensees concerning the CPE that they have taken. The rule also requires the Board to monitor compliance with the CPE requirement by conducting a random audit of licensees who upon request will be required to provide proof of successful completion of their CPE credits.

Proposed new rule N.J.A.C. 13:39A-9.5 allows the Board to waive or to provide a time extension for licensees to complete their CPE requirements on an individual basis for reasons of hardship such as illness, disability, active service in the military or other good cause.

Proposed new rule N.J.A.C. 13:39A-9.6 sets forth the responsibilities and the application procedures for CPE providers. A CPE provider is required to submit an application to the Board at least 45 days prior to the date of the course which includes a detailed descriptive outline of course content, the estimated hours of instruction and a curriculum vitae of each lecturer. The CPE provider is also required to obtain Board approval before representing that the course, program or seminar fulfills the Board's CPE requirements, monitor the attendance of the offering and provide each enrollee with a verification of attendance, evaluate the course and submit the required fee per submission of new courses, programs and seminars during the biennial licensing period.

As the Board has provided a 60-day comment period on this notice of proposal, this notice is exempted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.

Social Impact

The Board believes that the proposed new and amended rules will have a beneficial impact upon the public who utilize the services of licensed physical therapists and physical therapist assistants as well as licensed physical therapists and physical therapist assistants, themselves, and other related health care professionals who refer patients to licensed physical therapists.

Specifically, the proposed new rules and amendments will clarify the practice of physical therapy and make the Board rules consistent with recently enacted law. Part of that law allows physical therapists to practice without physician direction for the initiation of treatment. As a result, a patient may obtain physical therapy services without a referral from another health care professional. These proposed new rules and amendments, in part, implement this change in law to the benefit of patients who would like to receive physical therapy without obtaining a referral. Physical therapists and physical therapist assistants would also benefit since they would be able to provide services directly. In addition, the proposed repeal of the rules that allow temporary licensing of physical therapists and physical therapist assistants will benefit those receiving physical therapy by ensuring that those providing physical therapy have been reviewed and approved by the Board as having met all the qualifications for licensure.

To ensure that licensed physical therapists and physical therapist assistants have the requisite education to practice physical therapy, the Board is proposing new and amended rules that implement the recently enacted statutory changes which require elevated levels of education prior to licensure and a new continuing professional education requirements for license renewal.

Furthermore, to clarify the responsibilities of temporary visiting licensed physical therapy assistants who provide services during medical emergencies or engage in special projects and teaching assignments, the Board is proposing a new rule governing these visiting practitioners.

Economic Impact

The Board expects that the proposed new and amended rules will have an economic impact on physical therapists and physical therapist assistants seeking licensure and renewal of their licenses. Some applicants for licensure will incur costs to comply with additional educational requirements. All applicants for renewal will incur additional costs associated with obtaining the required continuing professional education credits. These costs may be passed on to physical therapy patients if the physical therapist is able to set the fees payable by patients; however, the public will benefit from the increased level of education of licensed physical therapists and physical therapist assistants.

The cost of continuing education courses is established by sponsors who offer such courses. Course providers will also be affected by these rules as they will be subject to a $100.00 fee for the Board's review of continuing education programs.

The proposed new rule clarifying the responsibilities of temporary visiting licensed physical therapist assistance is not expected to have a direct economic impact; however, during certain medical emergencies, consumers should be able to receive necessary services more readily if these practitioners are available.

With the proposed repeal of the requirement that physical therapists only receive patients through referral by other health care professionals, licensed physical therapists and physical therapist assistants may experience a positive economic impact from patients being able to receive physical therapy more readily.

Federal Standards Statement

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

Jobs Impact

The Board believes that by giving consumers direct access to physical therapy treatment, new jobs may be created. With the commencement of a continuing professional education requirement, jobs may be created in providing these services to licensed physical therapists and physical therapist assistants.

Agriculture Industry Impact

The proposed new rules and amendments will have no impact on the agriculture industry in the State.

Regulatory Flexibility Analysis

The Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. (the Act), requires the Board to give a description of the types and an estimate of the number of small businesses to which the proposal will apply. If, for the purposes of the Act, the approximately 6,600 physical therapists and 1,400 physical therapist assistants with active licenses in the State are considered "small businesses" within the meaning of the Act, then the following analysis applies.

The Act requires the Board to set forth the reporting, recordkeeping, and other compliance requirements of the proposed new and amended rules including the kinds of professional services likely to be needed to comply with the requirements. The Act further requires the Board to estimate the initial and annual compliance costs, outline the manner in which it has designed the rules to minimize any adverse economic impact upon small businesses, and to set forth whether the rules establish differing compliance requirements for small businesses.

The proposed new and amended rules impose reporting, recordkeeping and compliance requirements. Amended N.J.A.C. 13:39A-3.1 requires that physical therapists maintain, in addition to all previously required information, dates of all examinations, evaluations, physical therapy diagnoses, prognoses including the established plans of care, and interventions as well as the physical therapist's determination of the patient's prognosis in the patient's record.

Proposed new rule N.J.A.C. 13:39A-6.2 requires that temporary visiting physical therapist assistants comply with the requirements in the section. The Board does not believe that compliance will require any additional cost or the need for outside professional services.

Proposed new rule N.J.A.C. 13:39A-9.1 requires licensees to comply with the new continuing professional education requirement which is detailed in proposed new rules N.J.A.C. 13:39A-9.2 through 9.6 which requires that licensees complete. Included in proposed new rule N.J.A.C. 13:39A-9.5 is a recordkeeping requirement that the licensees maintain documentation about all CPE work that is completed by the licensee for the biennial CPE requirement.

Proposed new rule N.J.A.C. 13:39A-9.6 requires providers of approved continuing education to licensees to comply with application, course content, documentation and monitoring requirements.

The Board does not believe that licensees or continuing education providers will have to engage professional services in order to comply with the proposed new and amended rules. In addition, the Board believes that there will be some economic impact upon licensees and continuing education providers as a result of the proposed readoption with amendments. These costs of compliance with the proposed new rule and readoption with amendments are discussed in the Economic Impact section above. The Board also believes that the proposed new and amended rules have been crafted to minimize any adverse economic impact to affected individuals and businesses by carefully balancing the economic impact on licensees and continuing education providers with the need to ensure the health, welfare and safety of the general public.

The Board believes that the proposed new and amended rules should be uniformly applied to all licensees and continuing education providers in order to ensure the health, welfare and safety of the general public in the provision of physical therapy services, and, therefore, no differing compliance requirements for any licensees or continuing education providers are proposed.

Smart Growth Impact

The Board does not anticipate that the proposed new rules and amendments will have any impact on the achievement of smart growth or on implementation of the State Development and Redevelopment Plan, otherwise known as the State Plan.

Full text of the proposed repeals may be found in the New Jersey Administrative Code at N.J.A.C. 13:39A-2.5, 5.1, 5.2, 5.3, 5.4, 6.1, 6.2, 6.3 and 7A.

Full text of the proposed amendments and new rules follows :

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

13:39A-1.1 Election of officers

The membership of the <<-New Jersey->> <<+State+>> Board of Physical Therapy <<+Examiners+>> 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-1.3 >>

13:39A-1.3 Fees and charges

(a) The following fees shall be charged by the <<-New Jersey->> State Board of Physical Therapy <<+Examiners+>>:

1. (No change.)

Recodify existing 3.-12. as 2.-11. (No change in text.)

12. Continuing professional education provider submission fee ...... $100.00

13. Inactive license fee ........... (to be established by Director by rule)

<< 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->> <<+occurring during any treatment procedure+>>. ...

<<-"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 <<+and 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->> <<+mean the identification of physical impairment or movement-related functional limitation that occurs as a result of injury or congenital or acquired disability or other physical dysfunction through examination, evaluation and diagnosis of the physical impairment or movement-related functional limitation and the establishment of a prognosis, which includes the establishment of the plan of care and all interventions, for the resolution or amelioration thereof and treatment of the physical impairment or movement-related functional limitation, which shall include, but is not limited to, the alleviation of pain, physical impairment and movement-related functional limitation by physical therapy intervention, including treatment by means of:+>>

<<+1. Manual therapy techniques and massage;+>>

<<+2. Electro-therapeutic modalities;+>>

<<+3. The use of physical agents, mechanical modalities, hydrotherapy, therapeutic exercises with or without assistive devices;+>>

<<+4. Neurodevelopmental procedures;+>>

<<+5. Joint mobilization;+>>

<<+6. Movement-related functional training in self-care;+>>

<<+7. Providing assistance in community and work integration or reintegration;+>>

<<+8. Providing training in techniques for the prevention of injury, impairment, movement-related functional limitation, or dysfunction;+>>

<<+9. Providing consultative, educational, other advisory services; and+>>

<<+10. Collaboration with other health care providers in connection with patient care+>>.

"Physical therapy <<-treatment->> <<+intervention+>>" 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 part of his or her therapeutic interventions, the instruction must be considered part of physical therapy <<-treatment->> <<+intervention+>>.

<<+"Physical therapy prognosis" means the determination of the predicted level of optimal improvement that may be attained through intervention and the amount of time required to reach that level.+>>

<<-"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.->>

<<+"Plan of care" means the specific physical therapy interventions to be used and their timing and frequency.+>> ...

<< 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. Physical therapy instruction;->>

<<-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->> <<+physical therapy and physical therapy practice+>>.

(b)-(c) (No change.)

(d) A physical therapist shall not bill a patient or third party for diagnostic testing that lacks demonstrated medical value and a level of general acceptance by the relevant provider community and which fails to provide sufficient clinical data to alter the <<-treatment->> plan <<+of care+>>.

(e) The following acts and practices shall be among those deemed to be outside the scope of physical therapy and upon proof that a licensee is engaging in such conduct he or she may be subject to disciplinary action:

1. (No change.)

2. The conducting of a pelvic internal examination, except internal evaluation of the pelvic floor musculature<<-, upon specific direction from the referring licensed health care provider->>;

3.-4. (No change.)

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

13:39A-2.3 Authorized <<-practice by->> <<+role of+>> a licensed physical therapist assistant

(a) A licensed physical therapist assistant may initiate physical therapy treatment <<-and engage in the practice of physical therapy->> <<+ only+>> 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)-(c) (No change.)

(d) A licensed physical therapist assistant shall not perform a physical therapy examination, evaluation <<-or->><<+,+>> diagnosis <<+or prognosis+>>, develop a <<-treatment->> plan <<+of care+>>, modify a <<-treatment->> plan <<+of care+>>, 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-2.5 >>

<<+13:39A-2.5 Referral of patients and consultation standards for physical therapists+>>

<<+(a) A physical therapist shall refer a patient to a health care professional licensed to practice dentistry, podiatry or medicine and surgery in this State, or other appropriate licensed health care professional:+>>

<<+1. When the physical therapist during the examination, evaluation or intervention has reason to believe that physical therapy is contraindicated or symptoms or conditions are present that require services outside the scope of practice of the physical therapist; or+>>

<<+2. When the patient has failed to demonstrate reasonable progress within 30 days of the date of the initial treatment.+>>

<<+(b) Not more than 30 days from the date of initial treatment of functional limitation or pain, a physical therapist shall inform the patient's licensed health care professional of record regarding the patient's plan of care. In the event there is no identified licensed health care professional of record, the physical therapist shall recommend that the patient consult with a licensed health care professional of the patient's choice. In a school setting, the schedule of physical therapy services shall be reported to the child study team by the physical therapist within 30 days of the date of initial treatment.+>>

<<+(c) A violation of this section shall be deemed professional misconduct pursuant to N.J.A.C. 13:39A-3.8.+>>

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

13:39A-3.1 Patient records

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

(c) The patient record shall include, in addition to <<-usual and customary information->> <<+personal identifying information, consents and disclosures+>>, at least the following information:

1. (No change.)

2. Dates of all examination<<+s+>>, evaluation<<+s+>>, physical therapy <<-diagnosis->> <<+diagnoses, prognoses including the established plans of care,+>> and <<-treatment sessions->> <<+ interventions+>>;

3.-4. (No change.)

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

6. Documentation of <<-physician direction and memorialization of verbal and/or electronically submitted orders->> <<+health care practitioner referrals, if any+>>;

7.-8. (No change.)

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

10. (No change.)

11. Changes in the <<-treatment->> plan <<+of care+>> which shall be documented contemporaneously <<-and supported by physician concurrence->>;

12.-14. (No change.)

(d) (No change.)

<< 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 <<+State+>> Board of Physical Therapy <<+Examiners+>>, 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, <<+State+>> Board of Physical Therapy <<+ Examiners+>>, 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-3.8 >>

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.-5. (No change.)

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

7.-9. (No change.)

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<<-.->><<+; or+>>

<<+12. Failure to refer a patient to another licensed health care professional as required by N.J.A.C. 13:39A-2.5.+>>

SUBCHAPTER 5. CREDENTIALING OF APPLICANTS

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

13:39A-5.1 <<-Educational credentials for applicants for licensure as physical therapists->> <<+Licensing requirements for a physical therapist+>>

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

<<-1. Graduation from a program in physical therapy which has been 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; or->>

<<-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 course work 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.->>

<<+(a) To be eligible for licensure as a physical therapist in New Jersey, an applicant shall:+>>

<<+1. Be at least 18 years of age;+>>

<<+2. Be of good moral character;+>>

<<+3. Have completed a program in physical therapy from an accredited college or university 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;+>>

<<+4. Possess a minimum of a master's degree in physical therapy from an accredited college or university except for an applicant who prior to January 1, 2003, graduated from an accredited physical therapy program and possessed a minimum of a bachelor's degree in physical therapy or a bachelor's degree and a certificate in physical therapy from an accredited college or university;+>>

<<+5. Have completed all clinical education requirements necessary for graduation from 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; and+>>

<<+6. Have successfully completed the written examination as set forth in N.J.A.C. 13:39A-5.2.+>>

<<+(b) In addition to meeting the requirements of (a)1 and 2 above, an applicant for licensure who is a graduate of a foreign school of physical therapy shall:+>>

<<+1. Furnish evidence to the Board that the applicant has completed a course of study in physical therapy which is substantially equivalent to that provided in 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;+>>

<<+2. Be a graduate of a college or university which is recognized by that country's Ministry of Education/Health for the education of physical therapists;+>>

<<+3. Pass a test of English competency as set forth in N.J.A.C. 13:39A-5.7; and+>>

<<+4. Successfully complete a written examination as set forth in N.J.A.C. 13:39A-5.2.+>>

<<-(b)->><<+(c)+>> (No change in text.)

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

<<+13:39A-5.2 Examination standards for applicants for licensure as physical therapists and physical therapist assistants+>>

<<+(a) Applicants for licensure as physical therapists and physical therapist assistants submitting satisfactory proof of educational credentials as set forth in N.J.A.C. 13:39A-5.1 and 5.3, respectively, shall be approved to take the National Physical Therapy Examination or the National Physical Therapist Assistant Examination, as applicable, administered by the Federation of State Boards of Physical Therapy and the State jurisprudence examination.+>>

<<+(b) Upon satisfactory passage of the National Physical Therapy Examination or National Physical Therapist Assistant Examination and the State jurisprudence examination, an applicant shall be deemed eligible for licensure provided the applicant meets all other requirements for licensure.+>>

<<+(c) Passing examination scores shall be as follows:+>>

<<+1. National Physical Therapy Examination and National Physical Therapist Assistant Examination: 600 based on a scale of 200 to 800.+>>

<<+2. State jurisprudence examination: 80.+>>

<<+(d) An applicant who fails the National Physical Therapy Examination or National Physical Therapist Assistant Examination the first time may take the examination a second time within two years from the date of taking the initial examination. After two years, the applicant shall submit a new application for licensure to the Board.+>>

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

<<+13:39A-5.3 Licensing requirements for a physical therapist assistant+>>

<<+(a) To be eligible for licensure as a physical therapist assistant in New Jersey an applicant shall:+>>

<<+1. Be at least 18 years of age;+>>

<<+2. Be of good moral character;+>>

<<+3. Have completed at least an Associate in Arts degree from an accredited college or university;+>>

<<+4. Have completed a two-year physical therapist assistant program from an accredited college or university 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;+>>

<<+5. Have completed all clinical education requirements necessary for graduation from a physical therapist assistant program approved for the education and training of physical therapists assistants by an accrediting agency recognized by the Council on Post Secondary Accreditation and the United States Department of Education; and+>>

<<+6. Have successfully completed the written examination as set forth in N.J.A.C. 13:39A-5.2.+>>

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

<<+13:39A-5.4 (Reserved)+>>

<< 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, <<+or+>> New Zealand<<-, Jamaica, Nigeria or Ghana,->> shall submit to the Board evidence of attainment of a score of at least <<-213->> <<+220+>> 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)-(c) (No change.)

<<+SUBCHAPTER 5A. LICENSE RENEWAL+>>

<< NJ ADC 13:39A-5A.1 >>

<<+13:39A-5A.1 Biennial license renewal; inactive status+>>

<<+(a) All licenses issued by the Board shall be issued for a biennial renewal period. A licensee who seeks renewal of the license shall submit a license renewal application and the license renewal fee set forth in N.J.A.C. 13:39A-1.3 prior to the expiration date of the license.+>>

<<+(b) The Board shall send a notice of renewal to each licensee at the address registered with the Board at least 60 days prior to the expiration of the license. If the notice to renew is not sent at least 60 days prior to the expiration date, no monetary penalties or fines shall apply to the holder for failure to renew.+>>

<<+(c) Renewal applications shall provide the applicant with the option of either active or inactive status. A licensee electing inactive status shall pay the inactive license fee set forth in N.J.A.C. 13:39A-1.3 and shall not engage in the practice of physical therapy during the period of inactive status.+>>

<<+(d) If the licensee does not renew the license prior to its expiration date, the licensee may renew the license within 30 days of its expiration by submitting a renewal application, a renewal fee and a late fee, as set forth in N.J.A.C. 13:39A-1.3. During this 30-day period, the license shall be valid, and the licensee shall not be deemed to be practicing without a license.+>>

<<+(e) A license that is not renewed within 30 days of its expiration shall be automatically suspended. An individual who continues to practice with a suspended license shall be deemed to be engaged in unlicensed practice.+>>

<< NJ ADC 13:39A-5A.2 >>

<<+13:39A-5A.2 Change of licensure status: inactive to active+>>

<<+(a) A licensee, upon application to the Board, may change from inactive to active status upon payment of the renewal fee as set forth in N.J.A.C. 13:39A-1.3.+>>

<<+(b) A person who seeks to reactivate his or her license shall complete 30 credits of continuing professional education per biennial renewal period that the licensee has been on inactive status up to a maximum of 60 credits. Of the continuing professional education required under this subsection, 30 credits must be taken within two years immediately preceding reactivation and the remainder must be taken within four years immediately preceding reactivation.+>>

<< NJ ADC 13:39A-5A.3 >>

<<+13:39A-5A.3 Reinstatement of suspended license+>>

<<+(a) An individual whose license has been automatically suspended for failure to renew pursuant to N.J.A.C. 13:39A-5A.1(d) may be reinstated by the Board, provided the applicant otherwise qualifies for licensure pursuant to N.J.A.C. 13:39A-5 and submits a completed reinstatement application and one of the following to the Board:+>>

<<+1. Certification of licensure or certification in good standing from any other state or jurisdiction in which the applicant has practiced physical therapy during the period the license was suspended in this State;+>>

<<+2. Certification by the applicant stating that he or she has practiced physical therapy in a state or jurisdiction which does not require licensure, during the period the license was suspended in this State; or+>>

<<+3. Certification stating that the applicant has not practiced physical therapy, in this or any other jurisdiction during the period the license was suspended in this State.+>>

<<+(b) An individual who has practiced physical therapy in the manner described in (a)1 or 2 above shall submit written verification, on a form provided by the Board, from all of the applicant's employers. The verification shall document dates of employment from the date the New Jersey license was suspended to the date of application for reinstatement, and the name, address and telephone number of each employer.+>>

<<+(c) An individual whose license has been automatically suspended for failure to renew pursuant to N.J.A.C. 13:39A-5A.1(d) shall complete 30 credits of continuing professional education per biennial renewal period that the licensee has been suspended up to a maximum of 60 credits. Of the continuing professional education required under this subsection, 30 credits must be taken within two years immediately preceding reinstatement and the remainder must be taken within four years immediately preceding reinstatement.+>>

<<+(d) An individual whose license has been automatically suspended for failure to renew pursuant to N.J.A.C. 13:39A-5A.1(d) for a period of five or more years shall successfully complete the examination required for initial licensure as set forth in N.J.A.C. 13:39A-5.2.+>>

<<+(e) Prior to reinstatement, an applicant shall pay a reinstatement fee and all past delinquent biennial renewal fees pursuant to N.J.A.C. 13:39A-1.3.+>>

SUBCHAPTER 6. TEMPORARY LICENSES FOR <<+VISITING+>> PHYSICAL THERAPISTS <<+AND PHYSICAL THERAPIST ASSISTANTS+>>

<< NJ ADC 13:39A-6.4 >>

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

13:39A-<<-6.4->><<+6.1+>> Temporary visiting <<-licenses->> <<+ licensed physical therapists and temporary visiting licensed physical therapist assistants+>>

<<+(a)+>> Any person having made application to the Board pursuant to N.J.S.A. 45:9-37.29(b) for the issuance of a temporary license to practice <<-physical therapy->> <<+as a physical therapist or physical therapist assistant+>> in this State on a temporary basis to assist in a medical emergency or to engage in a special project or teaching assignment relating to the practice of physical therapy, may be issued a temporary visiting license without examination, which shall remain valid for a period not to exceed one year, provided that said person can demonstrate to the Board that he or she is licensed, registered or otherwise authorized to engage in the practice of physical therapy in another state or jurisdiction and that permitting his or her practice in this State would not be inconsistent with the public interest.

<<+(b)+>> A temporary visiting license, upon its expiration, may be renewed, at the discretion of the Board, for an additional year. Any holder of a temporary visiting license <<-is required to give notice to this->> <<+ shall advise the+>> Board if his or her authority to engage in the practice of physical therapy is revoked, suspended or otherwise limited by any state, agency or authority.

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

<<+13:39A-6.2 Responsibilities of a temporary visiting licensed physical therapist assistant+>>

<<+(a) A temporary visiting licensed physical therapist assistant shall not render care unless the temporary visiting license holder receives direct supervision from his or her designated supervising physical therapist.+>>

<<+(b) A temporary visiting licensed physical therapist assistant shall obtain the signature of the supervising physical therapist indicating that the supervising physical therapist reviewed the plan of care with the temporary visiting physical therapist assistant and the date when that review took place. The supervising physical therapist's signature in the patient record shall serve as evidence that the plan of care has been reviewed with the temporary visiting physical therapist assistant 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 temporary visiting licensed physical therapist assistant shall document in the patient record that the patient's progress and plan of care has been 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 supervising physical therapist and the temporary visiting licensed physical therapist assistant and does not require separate or additional notes.+>>

<<+SUBCHAPTER 7A. (RESERVED)+>>

<<+SUBCHAPTER 9. CONTINUING PROFESSIONAL EDUCATION+>>

<< NJ ADC 13:39A-9.1 >>

<<+13:39A-9.1 Licensure renewal: continuing professional education requirement+>>

<<+(a) Effective February 1, 2006, a licensee shall complete the continuing professional education requirement as specified in N.J.A.C. 13:39A-9.2 by January 31, 2008, for the biennial licensure period beginning February 1, 2008.+>>

<<+(b) A licensee applying for biennial licensure renewal shall complete, during the preceding biennial period, the continuing professional education requirement as specified in N.J.A.C. 13:39A-9.2.+>>

<<+(c) Upon biennial license renewal, a licensee shall attest that he or she has completed the continuing professional education requirement of the types and number of hours specified in N.J.A.C. 13:39A-9.3. Falsification of any information submitted on the renewal application may require an appearance before the Board and may result in disciplinary action.+>>

<< NJ ADC 13:39A-9.2 >>

<<+13:39A-9.2 Credit hour requirements+>>

<<+(a) Except as provided in (b) below, each applicant for biennial license renewal as a physical therapist and as a physical therapist assistant shall complete during the preceding biennial period a minimum of 30 credit hours of continuing professional education.+>>

<<+(b) An applicant for biennial license renewal as a physical therapist or as a physical therapist assistant who receives an initial license in the first year of a biennial period shall complete a minimum of 15 of the 30 required credits of continuing professional education for that biennial renewal period. An applicant for biennial license renewal as a physical therapist or as a physical therapist assistant who receives an initial license in the second year of a biennial period shall be exempt from completing continuing professional education credits for that biennial renewal period.+>>

<<+(c) For the purposes of this subchapter, a credit hour of continuing professional education means 50 minutes of time spent in learning activities exclusive of breaks, meals or vendor exhibits.+>>

<<+(d) Any continuing professional education courses, programs or seminars directed or ordered by the Board to be taken by a licensee as all or part of a disciplinary or remedial measure or to remediate a deficiency in continuing professional education credits for a prior biennial renewal period shall not qualify to fulfill the mandatory continuing professional education requirements required for biennial renewal.+>>

<< NJ ADC 13:39A-9.3 >>

<<+13:39A-9.3 Acceptable course offerings; credit hour calculation+>>

<<+(a) The Board shall grant continuing professional education credit, at a rate of one credit for each hour of attendance unless otherwise specified in this section, only for courses, programs or seminars that have been successfully completed and have significant educational or practical content which deal with matters related to the practice of physical therapy or with the professional responsibilities or ethical obligations of licensees, such as the following:+>>

<<+1. Patient/client management;+>>

<<+2. Appropriate standard of physical therapy care;+>>

<<+3. Patient safety;+>>

<<+4. Application of new technology to physical therapy practice;+>>

<<+5. Patient communication;+>>

<<+6. Promotion of ethical practices;+>>

<<+7. Knowledge of the changing health care system;+>>

<<+8. Clinical instructor credentialing; and+>>

<<+9. Physical therapy practice management, administration and professional issues.+>>

<<+(b) All courses, programs or seminars offered by the following sources and providers shall be pre-approved, and a licensee shall be allowed the number of credits as follows:+>>

<<+1. Successful completion of a post-graduate course in a physical therapy program leading to a Doctor of Physical Therapy (DPT) degree for the physical therapist or a three-credit course in an entry level physical therapy program for the physical therapist assistant. Such programs must be in institutions of higher learning which are accredited by the United States Department of Education or the Council on Postsecondary Accreditation or their approved agencies: three credits for each course credit awarded; or+>>

<<+2. Successful completion of a course in an academic doctoral program related to the practice of physical therapy: three credits for each course credit awarded.+>>

<<+(c) The Board shall grant a maximum of 10 of the mandatory 30 continuing professional education credits required in a biennial renewal period of physical therapists and physical therapist assistants from any or all of the following:+>>

<<+1. Successful completion of videotape, audiotape, computer media, Internet, journal, or correspondence courses, programs or seminars: a maximum of two credits per course, program or seminar. The course, program or seminar shall include an examination at its end. Credit for correspondence and other individual study courses or programs shall be provided only in the renewal period in which the course is completed with a successful final examination;+>>

<<+2. Successful completion of courses, programs or seminars consisting of hands-on demonstrations of instrumentation when accompanied by didactic lectures: one-half credit for each hour of attendance;+>>

<<+3. Preparation and presentation of a Board-approved continuing professional education course, program or seminar: two credits for each hour of a new presentation up to a maximum of 12 credits. For purposes of this subsection, "new" means a course, program or seminar that the licensee has not taught previously in any educational setting. One credit for each hour of a presentation shall be given for subsequent sessions involving substantially identical subject matter up to a maximum of 12 credits, provided the original material has been updated and subject to the credit limits of N.J.A.C. 13:39A-9.3;+>>

<<+4. Preparation of an educational or scientific article authored and published in a professional refereed journal: three credits per article as approved by the Board; or+>>

<<+5. Courses, programs or seminars in physical therapy practice management: one credit for each hour of attendance.+>>

<<+(d) A physical therapist or physical therapist assistant who is awarded clinical specialization in any of the American Physical Therapy Association (APTA) specialty areas shall receive 15 continuing professional education credits for the biennial licensure period in which it takes place.+>>

<<+(e) The Board shall review and approve courses, programs and seminars, which are not pre-approved pursuant to (b) above, if the courses, programs and seminars meet the requirements of (a) above and the providers meet the requirements of N.J.A.C. 13:39A-9.6.+>>

<<+(f) The Board shall maintain a list of Board-approved courses, programs and seminars submitted for approval pursuant to N.J.A.C. 13:39A-9.6.+>>

<<+(g) The Board may review and approve courses, programs and seminars, which are not pre-approved pursuant to (b) above nor approved pursuant to (e) above, when such courses, programs and seminars are submitted for approval by a licensee for continuing professional education credit. The licensee shall submit on a form approved by the Board the title, date and location of the course, program or seminar for which approval is being sought and the information required of a continuing professional education provider pursuant to N.J.A.C. 13:39A-9.6(a)1.+>>

<<+(h) Continuing professional education courses, programs and seminars shall be offered on a nondiscriminatory basis. Membership organizations may discount the cost of attending continuing professional education courses, programs and seminars for dues-paying members.+>>

<< NJ ADC 13:39A-9.4 >>

<<+13:39A-9.4 Documentation of continuing professional education credit+>>

<<+(a) Each licensee shall maintain a record of all continuing professional education activity completed and shall submit evidence of completion of the credit requirements to the Board upon request. Each licensee shall obtain from the continuing professional education course, program or seminar provider and retain for a period of at least four years following the license renewal a record of attendance which shall include, at a minimum, the following:+>>

<<+1. The participant's name and State Board of Physical Therapy Examiners' license number;+>>

<<+2. The title and, if the title does not adequately describe the educational content, subject matter of the course, program or seminar;+>>

<<+3. The name of the instructor;+>>

<<+4. The course, program or seminar provider;+>>

<<+5. The date and location of the course, program or seminar;+>>

<<+6. The number of continuing professional education hours and credits awarded; and+>>

<<+7. The signature of a course, program or seminar official or other verification of successful completion by the course, program or seminar provider.+>>

<<+(b) A licensee shall verify completion of academic course work by an official transcript from the educational institution.+>>

<<+(c) A licensee who completes a videotape, audiotape, computer media, Internet, journal or correspondence course or program shall retain the certification of the successful final examination completed at the end of the course, program or seminar;+>>

<<+(d) The Board shall monitor compliance with the mandatory continuing professional education requirement by conducting a random audit of licensees, who, upon request, shall provide proof of successful completion of continuing professional education credits.+>>

<< NJ ADC 13:39A-9.5 >>

<<+13:39A-9.5 Waiver of continuing professional education requirements+>>

<<+(a) The Board may waive, extend or otherwise modify the time period for completion of the continuing professional education requirements on an individual basis for reasons of hardship, such as illness, disability or active service in the military.+>>

<<+(b) A licensee who seeks a waiver, extension or modification of the time period for the completion of the continuing professional education requirements shall provide to the Board in writing, no less than two months prior to the end of the licensure period, the specific reasons for requesting the waiver, extension or modification and such additional information as the Board may require in support of the request.+>>

<< NJ ADC 13:39A-9.6 >>

<<+13:39A-9.6 Responsibilities of continuing professional education providers+>>

<<+(a) All providers of continuing professional education not included in N.J.A.C. 13:39A-9.3(b) shall:+>>

<<+1. At least 45 days prior to the date of the course, submit the following for each course, program or seminar offered for evaluation by the Board:+>>

<<+i. A detailed descriptive outline of course content and estimated hours of instruction; and+>>

<<+ii. The curriculum vitae of each lecturer, including specific background which qualifies the individual as a lecturer in the area of instruction;+>>

<<+2. Obtain Board approval prior to representing that any course, program or seminar fulfills the requirements of N.J.A.C. 13:39A-9.1;+>>

<<+3. Monitor the attendance at each approved course, program or seminar and furnish to each enrollee a verification of attendance, which shall include at least the following information:+>>

<<+i. The title, date and location of the course, program or seminar offering;+>>

<<+ii. The name and license number of the attendee;+>>

<<+iii. The number of credits awarded;+>>

<<+iv. The name and signature of the sponsor and the seal of the organization;+>>

<<+4. Evaluate course offerings. Evaluations shall be solicited from both the attendees and the instructors; and+>>

<<+5. Submit a fee pursuant to N.J.A.C. 13:39A-1.3 for each submission of new courses, programs or seminars reviewed by the Board during the biennial licensing period.+>>



bottom navigation graphic New Jersey Home Contact Us Privacy Notice Legal Statement
division: consumer protection | complaint forms | licensing boards | adoptions | proposals | minutes | consumer briefs
departmental: lps home | contact us | news | about us | FAQs | library | employment | programs and units | services a-z
statewide: nj home | my new jersey | people | business | government | departments | search

Page last modified:
New Jersey Home My New Jersey People Business Government Departments