This rule was published in the May 15, 2014, issue (Vol. 2014, No. 10) of the Utah State Bulletin.
Commerce, Occupational and Professional Licensing
Physical Therapy Practice Act Rule
DAR File No.: 38473
Filed: 05/01/2014 08:04:18 AM
The Division and Physical Therapy Licensing Board are proposing amendments to: 1) allow individuals who graduated from a physical therapy program and failed the national licensure exam the opportunity to apply for licensure as a physical therapist assistant. They would then be eligible to sit for that exam and potentially have a source of income as a licensed professional as a physical therapist assistant while waiting the obligatory three months to retake the national physical therapist exam; 2) delete the requirement in rule to pass an open-book, take-home test since it is redundant. This requirement is already provided in Subsection 58-24b-302(1)(d); 3) the Physical Therapy Practice Act and this rule are inconsistent in the delineation of requirements for testing for licensure. The practice act states that after submitting proof of graduation from a professional physical therapist education program that is accredited by a recognized accreditation agency, the applicant will pass a licensing examination. The current rule indicates that an applicant is eligible to sit for the required examination if they graduate from, or were in the final semester of, a CAPTE (Commission on Accreditation in Physical Therapy Education)-accredited program. In addition to clearing up the inconsistency, the proposed amendments will eliminate the extra work and long processing times inherent in what has become the Division's role as the de facto physical therapy testing approval service for the United States. The Division has been inundated with applications for licensure from individuals across the country, who want to test before they graduate, who have no desire or intention to become licensed in Utah. After these individuals pass the test, letters are sent requesting transcripts and other needed documentation for licensure. Letters were ignored and applications languished, up to a year, while staff performed due diligence attempting to obtain the requested information necessary for licensure; and 4) the Physical Therapy Licensing Board felt that the temporary license requirement of having a new graduate submit evidence of employment in order to obtain a temporary license was restrictive and counterproductive. The applicant could not find employment without at least a temporary license; yet without a license, the employer was reluctant to make a job offer.
Subsection R156-24b-302a(4) is added to allow an applicant who has met all requirements for licensure as a physical therapist except passing the FSBPT (Federation of State Licensing Boards of Physical Therapy) exam to apply for licensure as a physical therapist assistant. Amendments to Subsection R156-24b-302b(1) mirror the language in statute requiring proof of graduation from an accredited program prior to taking and passing the FSBPT exam. Subsection R156-24b-302b(2) requiring passing the open book, take-home law and rule examination is deleted. Subsection R156-24b-302b(3) allowing an individual enrolled in the final semester of a CAPTE-accredited program to be eligible to sit for the FSBPT exam, is deleted. A new Subsection R156-24b-302b(2) is added to allow an individual who fails the FSBPT national exam to apply for licensure as a physical therapist assistant and sit for that exam. Subsection R156-24b-305(1 )(c) is amended to remove the requirement to submit evidence of having secured employment prior to being issued a temporary license. This subsection also reiterates the need for direct supervision if the individual with a temporary license is employed as a physical therapist.
The Division will incur minimal costs of approximately $50 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. The Division may or may not experience cost reduction due to no longer processing and following up on applications submitted by individuals who desire to test prior to graduation, yet have no intention of being licensed in Utah. The Division may receive an increased number of applications for licensure as a physical therapist assistant. However, the Division is unable to quantify these potential costs or cost savings.
The proposed amendments only apply to licensed physical therapists and physical therapist assistants and applicants for licensure in those classifications. As a result, the proposed amendments do not apply to local governments.
The proposed amendments only apply to licensed physical therapists and physical therapist assistants and applicants for licensure in those classifications. Licensees and applicants for licensure may work in a small business; however, the proposed amendments would not directly affect the business.
The proposed amendments only apply to licensed physical therapists and physical therapist assistants and applicants for licensure in those classifications. The proposed amendments allow individuals who failed the FSBPT Physical Therapist examination to apply for licensure as a physical therapist assistant, sit for that exam, and potentially be gainfully employed while waiting the required three months to retake the FSBPT Physical Therapist examination. Individuals who were only interested in testing prior to graduation will actually save money because they had to apply for licensure in Utah to be made eligible for testing. Upon passing the examination, they then had to apply to their chosen state for licensure, incurring additional applications costs. The Division is unable to quantify these potential costs or costs savings due to a wide range of circumstances.
The proposed amendments only apply to licensed physical therapists and physical therapist assistants and applicants for licensure in those classifications. The proposed amendments allow individuals who failed the FSBPT Physical Therapist examination to apply for licensure as a physical therapist assistant, sit for that exam, and potentially be gainfully employed while waiting the required three months to retake the FSBPT Physical Therapist examination. Individuals who were only interested in testing prior to graduation will actually save money because they had to apply for licensure in Utah to be made eligible for testing. Upon passing the examination, they then had to apply to their chosen state for licensure, incurring additional applications costs. The Division is unable to quantify these potential costs or costs savings due to a wide range of circumstances.
This rule filing simplifies and clarifies licensing processes within the physical therapy profession. Where businesses are not required to obtain a license under these rules, no fiscal impact to businesses is anticipated.
Francine A. Giani, Executive Director
Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316