-IR- Database Guide
-IR- Database: Indiana Register

TITLE 844 MEDICAL LICENSING BOARD OF INDIANA

Proposed Rule
LSA Document #12-204

DIGEST

Amends 844 IAC 6-1-2 to define continuing competency and contact hour. Adds 844 IAC 6-8 to define continuing competency requirements, the responsibility of licensees, license period and number of hours required, category I continuing competency courses and category II continuing competency activities, and approved organizations and standards for approval. Effective 30 days after filing with the Publisher.




SECTION 1. 844 IAC 6-1-2 IS AMENDED TO READ AS FOLLOWS:

844 IAC 6-1-2 Definitions

Authority: IC 25-27-1-5


Sec. 2. (a) The definitions in this section apply throughout this article.

(b) "Board" refers to the medical licensing board of Indiana.

(c) "Bureau" refers to the health professions bureau.

(d) "Committee" refers to the Indiana physical therapy committee.

(e) "Contact hour" means a unit of measure for a continuing competency activity. One (1) contact hour equals at least fifty (50) minutes in a learning activity.

(f) "Continuing competency" means those continuing competency activities as used in 844 IAC 6-8-1.

(e) (g) "Direct supervision" means that the supervising physical therapist or physician at all times shall be available and under all circumstances shall be absolutely responsible for the direction and the actions of the person supervised when services are performed by the physical therapist's assistant or holder of a temporary permit issued under IC 25-27-1-8(d). For the holder of a temporary permit issued under IC 25-27-1-8(d), unless the supervising physical therapist or physician is on the premises to provide constant supervision, the holder of a temporary permit shall meet with the physical therapist or physician at least once each working day to review all patients' treatments. This meeting must include the actual presence of the physical therapist or physician and the holder of a temporary permit. The patient's care shall always be the responsibility of the supervising physical therapist or physician. Reports written by the holder of a temporary permit for inclusion in the patients' record shall be countersigned by the physical therapist or physician who may enter any remarks, revisions, or additions as the physical therapist or physician deems appropriate. With respect to the supervision of physical therapist's assistants under IC 25-27-1-2(c), unless the supervising physical therapist or physician is on the premises to provide constant supervision, the physical therapist's assistant shall consult with the supervising physical therapist or physician at least once each working day to review all patients' treatments. The supervising physical therapist or physician shall examine each patient not less than:
(1) every fourteen (14) days for inpatients in either a hospital or comprehensive rehabilitation facility;
(2) the earlier of every ninety (90) days or six (6) physical therapy visits for patients in a facility for the mentally retarded (MR) and developmentally disabled (DD) and school system patients; and
(3) the earlier of every thirty (30) days or every fifteen (15) physical therapy visits for all other patients;
to review the patients' treatment and progress. If this daily consultation is not face-to-face, the physical therapist or physician may not supervise more than the equivalent of three (3) full-time physical therapist's assistants. A consultation between a supervising physical therapist or a physician and the physical therapist's assistant may be in person, by telephone, or by a telecommunications device for the deaf (TDD), so long as there is interactive communication concerning patient care.

(f) (h) "Physical therapist's assistant" means a person who is registered by the committee to assist in the practice of physical therapy under the direct supervision of a licensed physical therapist or under the direct supervision of a physician by performing those assigned physical therapy procedures identified in subsection (g)(3), (i)(3), but not those specified in subsection (g)(1) (i)(1) or (g)(2). (i)(2).

(g) (i) "Physical therapy" includes, but is not limited to, such measures as the following:
(1) Performing and interpreting tests and measurements of neuromuscular, musculoskeletal, cardiac, and pulmonary functions as a part of treatment, interpretation of physician referrals, initial patient evaluation, initial and ongoing treatment planning, periodic reevaluation of the patient, and adjustment of the treatment plan.
(2) Planning initial and subsequent treatment programs on the basis of test findings and within the orders of a referring practitioner who is licensed to practice medicine, osteopathic medicine, dentistry, podiatry, or chiropractic.
(3) Administering treatment through the use of physical, chemical, or other properties of heat or cold, light, water, electricity, massage, mechanical devices, and therapeutic exercise, which includes all types of physical rehabilitative techniques and procedures.
(Medical Licensing Board of Indiana; 844 IAC 6-1-2; filed Mar 10, 1983, 3:59 p.m.: 6 IR 773; filed Jun 11, 1984, 1:02 p.m.: 7 IR 1937; filed Mar 6, 1986, 3:00 p.m.: 9 IR 1662; filed Aug 6, 1987, 3:00 p.m.: 10 IR 2731; filed Apr 14, 1994, 5:00 p.m.: 17 IR 2077; filed Sep 22, 1994, 4:30 p.m.: 18 IR 261; readopted filed Nov 9, 2001, 3:16 p.m.: 25 IR 1325; filed Aug 26, 2004, 10:15 a.m.: 28 IR 209; readopted filed Nov 17, 2010, 9:48 a.m.: 20101215-IR-844100405RFA)


SECTION 2. 844 IAC 6-8 IS ADDED TO READ AS FOLLOWS:

Rule 8. Continuing Competency Requirements


844 IAC 6-8-1 Continuing competency requirements

Authority: IC 25-27-1-5


Sec. 1. (a) Twenty-two (22) hours of continuing competency activities are required for the biennial renewal period, of which two (2) hours must be in an ethics and Indiana jurisprudence course as it relates to the practice of physical therapy.

(b) Only activities that have been approved under this article will be accepted as credit for license or certification renewal.

(c) Continuing competency hours:
(1) must be obtained within the biennial renewal period; and
(2) may not be carried over from one (1) renewal period to another.

(d) If a license or certification is valid for less than twelve (12) months, no continuing competency activity is required for renewal. If the license or certification is valid for twelve (12) to twenty-three (23) months, twelve (12) hours of continuing competency activities are required for renewal, which shall include the two (2) hours of an ethics and Indiana jurisprudence course as it relates to the practice of physical therapy.

(e) Audits for compliance with continuing competency requirements and actions regarding noncompliance will be conducted as provided for in IC 25-1-4.
(Medical Licensing Board of Indiana; 844 IAC 6-8-1)


844 IAC 6-8-2 Responsibilities of licensees

Authority: IC 25-27-1-5
Affected: IC 25-27-1-5


Sec. 2. A license or certificate holder shall do the following:
(1) Certify completion of continuing competency activities required by this rule at the time of license or certification renewal.
(2) Retain verification of completion of continuing competency activities required by this rule for three (3) years after the last renewal date.
(3) Present proof of completion of continuing competency activities required by this rule at the request of the committee in a format that is verifiable by the committee.
(Medical Licensing Board of Indiana; 844 IAC 6-8-2)


844 IAC 6-8-3 License or certification period; number of hours required

Authority: IC 25-1-4-8; IC 25-27-1-5
Affected: IC 25-27-1-5


Sec. 3. (a) During each two (2) year license period, a physical therapist or physical therapist's assistant must complete at least twenty-two (22) hours of continuing competency activities of which at least ten (10) hours must be in category I courses and two (2) hours must be in an ethics and Indiana jurisprudence course as it relates to the practice of physical therapy.

(b) A physical therapist or physical therapist's assistant may not earn more than ten (10) category II credit hours towards the requirements under this section.
(Medical Licensing Board of Indiana; 844 IAC 6-8-3)


844 IAC 6-8-4 "Category I continuing competency activities" and "category II continuing competency activities" defined

Authority: IC 25-27-1-5
Affected: IC 25-1-4-0.2


Sec. 4. (a) As used in this rule, "category I continuing competency activities" includes the following and must be at least one (1) contact hour in length and be relevant to the practice of physical therapy:
(1) Formally organized courses.
(2) Workshops.
(3) Seminars.
(4) Symposia.
(5) Home study programs, including approved computer, audio, and video instructional programs, designed by committee-approved organizations and subject to committee verification and approval procedures.
(6) Approved "for credit" courses that are related to the practice of physical therapy from an approved organization as defined in IC 25-1-4-0.2.

(b) The following conversion will be used for continuing competency credit:
(1) One (1) semester hour equals fifteen (15) contact hours.
(2) One (1) quarter hour equals ten (10) contact hours.
(3) One (1) trimester hour equals twelve and one-half (12.5) hours.

(c) As used in this rule, "category II continuing competency activities" includes the following:
(1) Professional research/writing. A licensee or certificate holder may receive continuing competency credit for publication of scientific papers, abstracts, or review articles in peer-reviewed and other professional journals; publication of textbook chapters; and poster or platform presentations at conferences sponsored by any approved entity up to a maximum of ten (10) hours per biennium. The following conversion will be used for continuing competency credit:
(A) Ten (10) hours for each refereed article.
(B) Three (3) hours for each nonrefereed article, abstract of published literature or book review.
(C) Eight (8) hours for each published textbook chapter.
(D) Five (5) hours for each poster or platform presentation or review article.
(2) Teaching as an adjunct responsibility at an accredited PT or PTA program. Two (2) hours of credit for each academic credit hour awarded by the accredited PT or PTA program for the first time the course is taught up to a maximum of ten (10) hours per biennium.
(3) Participation as a presenter in an approved workshop, continuing education course, seminar, or symposium. Two (2) contact hours for each one (1) hour of presentation for first event, with a maximum of ten (10) hours per biennium.
(4) Supervision of physical therapist students or physical therapist's assistant students from accredited programs in full-time clinical internships or residency programs. One (1) contact hour for every forty (40) hours of supervision with a maximum of ten (10) contact hours per biennium.
(5) In-house or in-service seminars related to the practice of physical therapy. One (1) credit hour for each hour of in-service. Maximum of four (4) hours per biennium. Documentation shall consist of a description of the topic, date, duration, and the name of the presenter.
(6) Actively participating with professional organizations related to the practice of physical therapy, with one (1) credit hour for each six (6) months service as an officer, delegate, or committee member, for a maximum of six (6) hours per biennium.
(7) Certification of clinical specialization by the American Board of Physical Therapy Specialties (ABPTS) or another organization approved by the Indiana physical therapy committee: ten (10) hours maximum per biennium. Credit may be awarded only in the year that certification or recertification is obtained.
(8) Certificate of Advanced Proficiency for the PTA by the APTA: five (5) hours maximum per biennium to be awarded. Credit may be awarded only in the year that certification or recertification is obtained.
(9) Attendance at INAPTA state or district meetings that are at least one (1) hour in length, for a maximum of one (1) hour per meeting, for a maximum of four (4) hours per biennium.
(10) Other scholarly or educational, or both, activities related to the practice or management of physical therapy and not described above, with approval from the committee.
(Medical Licensing Board of Indiana; 844 IAC 6-8-4)


844 IAC 6-8-5 Approved organizations; standards for approval

Authority: IC 25-1-4; IC 25-27-1-5


Sec. 5. (a) In addition to those approved organizations approved under IC 25-1-4-0.2, the following organizations are approved organizations for the purpose of approving and sponsoring continuing competency courses without making further application to the committee:
(1) American Physical Therapy Association (APTA).
(2) American Physical Therapy Association Indiana Chapter (INAPTA).
(3) Federation of State Boards of Physical Therapy (FSBPT).
(4) United States Department of Education.
(5) Council on Postsecondary Education.
(6) Joint Commission on Accreditation of Hospitals.
(7) Joint Commission on Health Care Organizations.
(8) Federal, state, and local governmental agencies.
(9) A national, state, district, or local organization that operates as an affiliated entity under the approval of any organization listed in subdivisions (1) through (8).
(10) A college or other teaching institution accredited by the United States Department of Education or the Council on Postsecondary Education or a regional accreditation association.

(b) The committee will approve continuing competency activities if it determines that the activity:
(1) contributes directly to professional competency;
(2) relates directly to the practice, management, or education of physical therapy practitioners; and
(3) is conducted by individuals who have demonstrated expertise in the subject matter of the program.
Prior approval by the committee is not required for the aforementioned approved organizations. Proof of content shall be demonstrated by the original workshop or conference brochure, agenda, or materials given to participants during the presentations and evidence of successful completion of the course provided by the course instructor, such as certificate of completion or signed agenda indicating completion.
(Medical Licensing Board of Indiana; 844 IAC 6-8-5)



Posted: 10/10/2012 by Legislative Services Agency

DIN: 20121010-IR-844120204PRA
Composed: Nov 26,2014 12:51:21PM EST
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