What
the statutes mean
These are excerpts of the rules that govern
the physical therapy profession. They are published without commentary. The rules
have been included because chiropractors now have a broad range of working relationships
with physical therapists and may be interested in the regulations that control
different portions of a physical therapists practice. Questions about the working
relationships between chiropractors and physical therapists may be directed to
the WCA. Questions about physical therapy or specific applications of the rules
should be directed to the Department of Regulation & Licensing.
Statute
excerpts
PT 1.01 Authority and purpose
PT 1.02 Definitions
PT 1.03(1) Applications and credentials
PT 2.01 Panel review of applications;
examinations required
PT 2.02 Conduct of examinations
PT 2.03 Failure
and reexamination
PT 3.01 Temporary license to practice under supervision
PT 4.01 Locum tenens license
PT 5.01 Physical therapist assistants
PT
6.01 Referrals
PT 7.01 Unprofessional conduct
PT 7.02 Definitions
PT 8.01 Biennial license renewal
PT 8.02 Renewal required; method of renewal
PT 8.05 Requirements for reinstatement
License to Practice Physical
TherapyPT 1.01 Authority and purpose. The rules in chs. PT 1 to 8 are adopted
by the physical therapists affiliated credentialing board pursuant to the authority
delegated by s. 15.085 (5) (b), Stats., and govern the issuance of licenses to
practice physical therapy under s. 448.53, Stats., the referral for physical therapy
services under s. 448.56, Stats., unprofessional conduct under s. 448.57, Stats.,
and biennial license renewal under s. 440.08, Stats.
PT 1.02 Definitions.
As used in chs. PT 1 to 8:
PT 1.02(1) Board means the physical
therapists affiliated credentialing board.
PT 1.02(2) FSBPT
means the federated state board physical therapy examination.
PT 1.02(3)License
means any license, permit, certificate or registration issued by the board.
PT
1.02(4) Licensee means any person validly possessing any license granted
and issued to that person by the board.
PT 1.02(5) TOEFL means
test of English as a foreign language as administered by the educational testing
service.
Applications and credentials.
PT 1.03(1) Every person applying
for any class of license to practice physical therapy shall make application on
forms provided by the board, and shall submit to the board all of the following:
PT
1.03(1)(a) A completed and verified application form.
PT 1.03(1)(c) Verified
documentary evidence of graduation from a school of physical therapy approved
by the board.
PT 1.03(1)(d) In the case of a graduate of a foreign school
of physical therapy, verification of educational equivalency to a board-approved
school of physical therapy. The verification shall be obtained from a board-approved
foreign graduate evaluation service, based upon submission to the evaluation service
of the following material:
PT 1.03(1)(d)1. A verified copy of transcripts
from the schools from which secondary education was obtained.
PT 1.03(1)(d)2.
A verified copy of the diploma from the school at which professional physical
therapy training was completed.
PT 1.03(1)(d)3. A record of the number of
class hours spent in each subject, for both preprofessional and professional courses.
For subjects which include laboratory and discussion sections, the hours must
be described in hours per lecture, hours per laboratory and hours per discussion
per week. Information must include whether subjects have been taken at basic entry
or advanced levels.
PT 1.03(1)(d)4. A syllabus which describes the material
covered in each subject completed.
PT 1.03(2) If an applicant is a graduate
of a school of physical therapy not approved by the board, the board shall determine
whether the applicants educational training is equivalent to that specified
in sub. (1) (c). In lieu of its own evaluations, the board may use evaluations
prepared by the university of Wisconsin-Madison. The cost of an evaluation shall
be paid by the applicant.
PT 1.03(3) The board may waive the requirement
under sub. (1) (c) for an applicant who establishes, to the satisfaction of the
board, all of the following:
PT 1.03(3)(a) That he or she is a graduate
of a physical therapy school.
PT 1.03(3)(b) That he or she is licensed as
a physical therapist by another licensing jurisdiction in the United States.
PT
1.03(3)(c) That the jurisdiction in which he or she is licensed required the licensee
to be a graduate of a school approved by the licensing jurisdiction or of a school
that the licensing jurisdiction evaluated for educational equivalency.
PT
1.03(3)(d) That he or she has actively practiced physical therapy, under the license
issued by the other licensing jurisdiction in the United States, for at least
3 years immediately preceding the date of his or her application.
PT 1.04
Application deadline and fees. The completed application and all required documents
must be received by the board at its office not less than 30 days prior to the
date of the examination. The required fees specified in s. 440.05 (1), Stats.,
shall accompany the application.
Chapter PT 2 Examinations
PT
2.01 Panel review of applications; examinations required.
PT 2.01(1) All
applicants shall complete written examinations. In addition, an applicant may
be required to complete an oral examination if the applicant:
PT 2.01(1)(a)
Has a medical condition which in any way impairs or limits the applicants
ability to practice physical therapy with reasonable skill and safety.
PT
2.01(1)(b) Uses chemical substances so as to impair in any way the applicants
ability to practice physical therapy with reasonable skill and safety.
PT
2.01(1)(c) Has been diagnosed as suffering from pedophilia, exhibitionism or voyeurism.
PT
2.01(1)(d) Has within the past 2 years engaged in the illegal use of controlled
substances.
PT 2.01(1)(e) Has been subject to adverse formal action during
the course of physical therapy education, postgraduate training, hospital practice,
or other physical therapy employment.
PT 2.01(1)(f) Has been disciplined
or had licensure denied by a licensing or regulatory authority in Wisconsin or
another jurisdiction.
PT 2.01(1)(g) Has been convicted of a crime the circumstances
of which substantially relate to the practice of physical therapy.
PT 2.01(1)(h)
Has not practiced physical therapy for a period of 3 years prior to application,
unless the applicant has been graduated from a school of physical therapy within
that period.
PT 2.01(1)(i) Has been graduated from a physical therapy school
not approved by the board.
PT 2.01(2) An application filed under s. PT 1.03
shall be reviewed by an application review panel consisting of at least 2 board
members designated by the chairperson of the board. The panel shall determine
whether the applicant is eligible for a regular license without completing an
oral examination.
PT 2.01(3) All examinations shall be conducted in the
English language.
PT 2.01(4) Where both written and oral examinations are
required, they shall be scored separately and the applicant shall achieve a passing
grade on both examinations to qualify for a license.
PT 2.01(5) The board
shall notify each applicant found eligible for examination of the time and place
scheduled for that applicants examination. Failure of an applicant to appear
for examination as scheduled will void the applicants examination application
and require the applicant to reapply for examination unless prior scheduling arrangements
have been made with the board by the applicant.
PT 2.01(6)(a) The score
required to pass each written physical therapy examination shall be based on the
boards determination of the level of examination performance required for
minimum acceptable competence in the profession and on the reliability of the
examination. The passing grade shall be established prior to giving the examination.
PT 2.01(6)(b) The passing score for the national physical therapy examination
is that score recommended by the federation of state boards of physical therapy.
PT
2.01(6)(c) To pass the examination on statutes and rules, the applicant shall
receive a score determined by the board to represent minimum competence to practice
after consultation with subject matter experts who have received a representative
sample of the examination questions and available candidate performance statistics.
PT
2.01(7) Members of the board shall conduct oral examinations of each candidate
and are scored as pass or fail.
PT 2.01(8) Any applicant who is a graduate
of a school in a program in physical therapy in which English is not the primary
language of communication shall take and pass TOEFL in order to qualify for a
license.
PT 2.02 Conduct of examinations. At the start of the examinations,
applicants shall be provided with the rules of conduct to be followed during the
course of the examinations. Any violation of these rules of conduct by any applicant
may be cause for the board to withhold the applicants grade and to find
after a hearing that the applicant has failed the examination.
PT 2.03 Failure
and reexamination. An applicant who fails to achieve passing grades on the examinations
required under this chapter may apply for reexamination on forms provided by the
board. For each reexamination, the application shall be accompanied by the reexamination
fee. If an applicant for reexamination fails to achieve passing grades on the
second reexamination, the applicant may not be admitted to further examination
until the applicant reapplies for licensure and presents to the board evidence
of further professional training or education as the board may consider appropriate
in the applicants specific case.
Temporary Licenses
PT 3.01 Temporary
license to practice under supervision.
PT 3.01(1) An applicant for a regular
license to practice physical therapy who is a graduate of an approved school of
physical therapy and is scheduled to take the next written physical therapy licensure
examination or has taken the written physical therapy licensure examination and
is awaiting results and is not required to take an oral examination, may apply
to the board for a temporary license to practice physical therapy under supervision.
The applications and required documents for a regular license and for a temporary
license may be reviewed by 2 members of the board, and upon the finding by the
2 members that the applicant is qualified for admission to examination for a regular
license to practice physical therapy, the board, acting through the 2 members,
may issue a temporary license to practice physical therapy under supervision to
the applicant.
PT 3.01(2) The required fees specified in s. 440.05 (6),
Stats., shall accompany the application for a temporary license to practice under
supervision.
PT 3.01(3) The holder of a temporary license to practice physical
therapy under supervision may practice physical therapy as defined in s. 448.50
(4), Stats., providing that the entire practice is under the supervision of a
person validly holding a regular license to practice physical therapy in this
state. No physical therapist may supervise more than 2 physical therapists who
hold temporary licenses. The supervision shall be direct, immediate, and on premises.
In extenuating circumstances, when the supervising physical therapist is absent
from the job, the physical therapist with a temporary license may carry out established
programs for 30 calendar days. The supervising physical therapist must provide
up-to-date documentation prior to absence.
PT 3.01(4) The duration of a
temporary license to practice physical therapy under supervision granted under
this section shall be for a period of 3 months or until the holder receives failing
examination results, whichever is shorter. A temporary license may be renewed
for a period of 3 months, and may be renewed a second time for a period of 3 months,
for reasons of hardship, if the holder files with the board an affidavit satisfactory
to the board identifying the hardship. Practice under a temporary license may
not exceed 9 months total duration. In this subsection, hardship means
an applicants inability to take or complete a scheduled examination because
of illness, family illness or death, accident or disaster, or because the applicant
is waiting for examination results.
PT 3.01(5) A temporary license to practice
physical therapy under supervision may not be renewed.
Locum Tenens License
PT
4.01 Locum tenens license.
PT 4.01(1) A person who holds a valid license
to practice physical therapy issued by another licensing jurisdiction of the United
States may apply to the board for a locum tenens license to practice physical
therapy and shall submit to the board all of the following:
PT 4.01(1)(a)
A completed and verified application form.
PT 4.01(1)(b) A letter of recommendation
from a physician or supervisor or present employer stating the applicants
professional capabilities.
PT 4.01(1)(c) A verified photostatic copy of
a license to practice physical therapy issued to the applicant by another licensing
jurisdiction of the United States.
PT 4.01(1)(d) A recent photograph of
the applicant as required under s. PT 1.02 (2).
PT 4.01(1)(e) The required
fees specified in s. 440.05 (6), Stats.
PT 4.01(2) The application and documentary
evidence submitted by the applicant shall be reviewed by a member of the board,
and upon the finding of the member that the applicant is qualified, the board,
acting through the member, may issue a locum tenens license to practice physical
therapy to the applicant.
PT 4.01(3) The holder of a locum tenens license
to practice physical therapy may practice physical therapy as defined in s. 448.56
(1), Stats., providing the practice is confined to the geographical area for which
the license is issued.
PT 4.01(4) A locum tenens license to practice physical
therapy shall expire 90 days from the date of its issuance. For cause shown to
its satisfaction, the board, acting through a member of the board, may renew the
locum tenens license for additional periods of 90 days each, but the license may
not be renewed within 12 months of the date of its original issuance, nor again
renewed within 12 months of the date of any subsequent renewal.
Chapter
PT 5 Physical Therapist Assistants
PT 5.01 Physical therapist assistants.
A physical therapist assistant, as defined in s. 448.52 (3), Stats., may practice
physical therapy under the general supervision of a physical therapist. In providing
general supervision, the physical therapist shall do all of the following:
PT
5.01(1) Have primary responsibility for physical therapy care rendered by the
physical therapist assistant.
PT 5.01(2) Have direct face-to-face contact
with the physical therapist assistant at least every 14 calendar days.
PT
5.01(3) Remain accessible to telecommunications in the interim between direct
contacts while the physical therapist assistant is providing patient care.
PT
5.01(4) Limit the number of physical therapist assistants supervised to a number
appropriate to the setting in which physical therapy is administered, to ensure
that all patients under the care of the physical therapist receive services that
are consistent with accepted standards of care and consistent with all other requirements
under this chapter. No physical therapist may supervise more than 2 physical therapist
assistants full-time equivalents at any time.
PT 5.01(5) Establish a written
policy and procedure for written and oral communication. This policy and procedure
shall include a specific description of the supervisory activities undertaken
for the physical therapist assistant, appropriate to the setting and the services
provided.
PT 5.01(6) Provide initial patient evaluation and interpretation
of referrals.
PT 5.01(7) Develop and revise as appropriate the patient treatment
plan and program.
PT 5.01(8) Delegate appropriate portions of the treatment
plan and program to the physical therapist assistant consistent with the physical
therapist assistants education, training and experience.
PT 5.01(9)
Provide on-site assessment and reevaluation of each patients treatment a
minimum of one time per calendar month or every tenth treatment day, whichever
is sooner, and adjust the treatment plan as appropriate.
PT 5.01(10) Coordinate
discharge plan decisions and the final assessment with the physical therapist
assistant.
Referrals
PT 6.01 Referrals. In addition to the services
excepted from written referral under s. 448.56 (1), Stats., a written referral
is not required to provide the following services: conditioning, injury prevention
and application of biomechanics, and treatment of musculoskeletal injuries with
the exception of acute fractures soft tissue avulsions where other medical interventions
may be indicated, related to the work, home, leisure, recreational and educational
environments.
Chapter PT 7 Unprofessional Conduct
PT 7.01 Authority
and purpose. The definition of this chapter is adopted by the board pursuant to
the authority delegated by s 15.085 (5) (b), Stats., for the purposes of ch. 448,
Stats.
PT 7.02 Definitions. The term unprofessional conduct
is defined to mean and include but not be limited to the following, or aiding
or abetting the same:
PT 7.02(1) Violating or attempting to violate any
applicable provision or term of ch. 448, Stats., or of any valid rule of the board.
PT
7.02(2) Violating or attempting to violate any term, provision or condition of
any order of the board.
PT 7.02(3) Knowingly making or presenting or causing
to be made or presented any false, fraudulent or forged statement, writing, certificate,
diploma, or other thing in connection with any application for a license.
PT
7.02(4) Practicing fraud, forgery, deception, collusion or conspiracy in connection
with any examination for a license.
PT 7.02(5) Giving, selling, buying,
bartering or attempting to give, sell, buy or barter any license.
PT 7.02(6)
Engaging or attempting to engage in practice under any license under any given
name or surname other than that under which originally licensed or registered
to practice in this or any other state. This subsection does not apply to a change
of name resulting from marriage, divorce or order by a court of record.
PT
7.02(7) Engaging or attempting to engage in the unlawful practice of physical
therapy.
PT 7.02(8) Any practice or conduct which tends to constitute a
danger to the health, welfare or safety of a patient or the public.
PT 7.02(9)
Practicing or attempting to practice under any license when unable to do so with
reasonable skill and safety to patients.
PT 7.02(10) Practicing or attempting
to practice under any license beyond the scope of that license.
PT 7.02(11)
Offering, undertaking or agreeing to treat or cure a disease or condition by a
secret means, method, device or instrumentality; or refusing to divulge to the
board upon demand the means, method, device or instrumentality used in the treatment
of a disease or condition.
PT 7.02(12) Representing that a manifestly incurable
disease or condition can be or will be permanently cured; or that a curable disease
or condition can be cured within a stated time, if it is not the fact.
PT
7.02(13) Knowingly making any false statement, written or oral, in practicing
under any license, with fraudulent intent; or obtaining or attempting to obtain
any professional fee or compensation of any form by fraud or deceit.
PT
7.02(14) Willfully divulging a privileged communication or confidence entrusted
by a patient or deficiencies in the character of patients observed in the course
of professional attendance, unless lawfully required to do so.
PT 7.02(15)
Engaging in uninvited, in-person solicitation of actual or potential patients
who, because of their particular circumstances, are vulnerable to undue influence.
PT
7.02(16) Engaging in false, misleading or deceptive advertising.
PT 7.02(17)
Having a license, certificate, permit, registration or other practice privilege
granted by another state or by any agency of the federal government to practice
physical therapy limited, restricted, suspended or revoked, or having been subject
to other disciplinary action by the state licensing authority or by any agency
of the federal government.
PT 7.02(18) Conviction of any crime which may
relate to practice under any license, or of violation of any federal or state
law regulating the possession, distribution or use of controlled substances as
defined in s. 961.01 (4), Stats. A certified copy of a judgment of a court of
record showing the conviction, within this state or without, shall be presumptive
evidence of the conviction.
Chapter PT 8 Biennial License Renewal
PT
8.01 Authority and purpose. The rules in this chapter are adopted by the board
pursuant to the authority delegated by ss. 15.08 (5) (b), 227.11 and 448.53, Stats.,
and govern biennial renewal of licensees of the board.
PT 8.02 Renewal required;
method of renewal. Each licensee shall renew his or her license biennially with
the department. On or before October 1 of each odd-numbered year the department
shall mail to each licensee at his or her last known address as it appears in
the records of the board an application form for renewal. Each licensee shall
complete the application form and return it with the required fee to the department
prior to the next succeeding November 1. The department shall notify the licensee
within 30 business days of receipt of a completed renewal form whether the application
for renewal is approved or denied.
PT 8.05 Requirements for reinstatement.
A license shall expire if it is not renewed by November 1 of odd-numbered years.
A licensee who allows the license to lapse may apply to the board for reinstatement
of the license as follows:
PT 8.05(1) If the licensee applies for renewal
of the license less than 5 years after its expiration, the license shall be renewed
upon payment of the renewal fee.
PT 8.05(2) If the licensee applies for
renewal of the license more than 5 years after its expiration, the board shall
make inquiry as it finds necessary to determine whether the applicant is competent
to practice under the license in this state, and shall impose any reasonable conditions
on reinstatement of the license, including oral examination, as the board deems
appropriate. All applicants under this paragraph shall be required to pass the
open book examination on statutes and rules, which is the same examination given
to initial applicants.