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AN ACT relating to physical therapy. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 327 IS CREATED TO 3
READ AS FOLLOWS: 4
The General Assembly finds and declares that: 5
(1) The practice of physical therapy should be regulated and controlled by this 6
chapter and administrative regulations promulgated thereunder in order to 7
protect and safeguard the health and safety of the citizens of the Commonwealth 8
of Kentucky; and 9
(2) Each individual licensed or privileged under this chapter shall be responsible and 10
accountable for making decisions that are based upon the individual's 11
educational preparation and experience in physical therapy and shall practice 12
physical therapy with reasonable skill and safety. 13
SECTION 2. KRS 327.010 IS REPEALED AND REENACTED TO READ 14
AS FOLLOWS: 15
As used in this chapter, unless the context otherwise requires: 16
(1) "Active patient" means a person who is or has been under a physical therapy 17
plan of care unless care is transferred or terminated in writing; 18
(2) "Board" means the Board of Physical Therapy established in Section 5 of this 19
Act; 20
(3) "Physical therapist" means a professional person who has met the educational 21
requirements of this chapter and is licensed to practice physical therapy pursuant 22
to this chapter; 23
(4) "Physical therapist assistant" means a person who is licensed pursuant to this 24
chapter and provides physical therapy services under the direction and 25
supervision of a licensed physical therapist; 26
(5) (a) "Physical therapy" means the use of selected knowledge and skills in 27 UNOFFICIAL COPY 25 RS BR 1376
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planning, organizing, and directing programs for the care of individuals 1
whose ability to function is impaired or threatened by disease or injury, 2
which encompasses preventive measures, screening, tests in aid of diagnosis 3
and evaluation, and invasive or noninvasive procedures with emphasis on 4
the skeletal system, integumentary system, neuromuscular and 5
cardiopulmonary function, as it relates to physical therapy. 6
(b) "Physical therapy" also includes: 7
1. Screening or evaluations performed to determine the degree of 8
impairment of relevant aspects such as but not limited to nerve and 9
muscle function, including subcutaneous bioelectrical potentials, 10
motor development, functional capacity, and respiratory or circulatory 11
efficiency; and 12
2. Physical therapy treatment, which includes but is not limited to: 13
a. Physical therapy treatment performed upon referral by a 14
licensed doctor of medicine, osteopathy, dentistry, chiropractic, 15
or podiatry; 16
b. Exercises for increasing or restoring strength, endurance, 17
coordination and range of motion; 18
c. Stimuli to facilitate motor activity and learning; 19
d. Instruction in activities of daily living; and 20
e. The use of assistive devices and the application of physical 21
agents to relieve pain or alter physiological status. 22
(c) "Physical therapy" does not include the use of: 23
1. Roentgen rays and radium for diagnostic or therapeutic purposes; or 24
2. Electricity for surgical purposes, including cauterization and colonic 25
irrigations; 26
which are not authorized as physical therapy in this chapter; 27 UNOFFICIAL COPY 25 RS BR 1376
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(6) "Provisional license" means a license granted by the board to an applicant who 1
has not yet successfully completed the board-approved examination; 2
(7) "Refer" or "referral" means the procedure by which a licensed health care 3
provider designates the initiation of physical therapy treatment by a licensed 4
physical therapist; and 5
(8) "Test" means a standard method or technique used to gather data about the 6
patient or client, including but not limited to electrodiagnostic and 7
electrophysiologic tests and measures. 8
Section 3. KRS 327.020 is amended to read as follows: 9
(1) A[No] person shall not practice, work, or hold himself or herself out as being able 10
to practice physical therapy or work as a physical therapist assistant unless the 11
person: 12
(a) 1. Meets the educational requirements of this chapter; 13
2. Is licensed in accordance with the provisions of this chapter; 14
3. Is in good standing with the board; and 15
4. Holds a license that is not suspended or revoked; or 16
(b) Is eligible to practice or work through a compact privilege granted under KRS 17
327.300. 18
(2) [Nothing contained in ]This chapter shall not be construed to: 19
(a) Prohibit any person licensed in this state under any other law from engaging 20
in the practice for which that person is duly licensed;[. Nothing contained in 21
this chapter shall ] 22
(b) Prohibit routine and restorative services performed by personnel employed by 23
hospitals, physicians, or licensed health care facilities as relates to physical 24
therapists:[. This chapter does not ] 25
(c) Preclude certified occupational therapists, respiratory technicians, or 26
respiratory therapists from practicing as defined in the United States 27 UNOFFICIAL COPY 25 RS BR 1376
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Department of Health, Education and Welfare, Public Health Service, Health 1
Resources Administration, Bureau of Health Manpower, DHEW publication 2
No. (HRA) 80-28, "A Report On Allied Health Personnel[.]"; or 3
(d) Affect or prevent: 4
1. A physical therapist student from engaging in clinical practice under 5
the supervision of a licensed physical therapist, as part of the student's 6
educational program; 7
2. A physical therapist assistant student from engaging in clinical 8
practice under the supervision of a licensed physical therapist or of a 9
physical therapist assistant consistent with administrative regulations 10
promulgated by the board, as part of the student's educational 11
program; 12
3. A physical therapist or a physical therapist assistant who is licensed to 13
practice in another state or country from conducting or participating 14
in a clinical residency under the supervision of a physical therapist 15
licensed in Kentucky and for a period of not more than ninety (90) 16
days; 17
4. A physical therapist or a physical therapist assistant who is licensed to 18
practice in another state or country from conducting or participating 19
in the teaching of physical therapy in connection with an educational 20
program and for a period of not more than ninety (90) days; 21
5. A physical therapist or a physical therapist assistant licensed in 22
another state or country from performing physical therapy on 23
members of an out-of-state sports or entertainment group they 24
accompany to Kentucky; 25
6. The practice of chiropractic as defined in KRS 312.015; 26
7. The practice of occupational therapy as defined in KRS 319A.010; or 27 UNOFFICIAL COPY 25 RS BR 1376
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8. a. A physical therapist or a physical therapist assistant who is 1
practicing in the United States Armed Services, United States 2
Public Health Service, or United States Department of Veterans 3
Affairs pursuant to federal regulations for jurisdictional 4
licensure of healthcare providers. 5
b. If a person described in subdivision a. of this subparagraph 6
engages in the practice of physical therapy outside the course 7
and scope of his or her federal employment as a physical 8
therapist or a physical therapist assistant, he or she shall then be 9
required to obtain a license in accordance with this chapter and 10
administrative regulations promulgated by the board[ Persons 11
regularly employed by the United States shall be exempted from 12
the provisions of this chapter while engaged in this employment]. 13
(3) A licensed physical therapist may: 14
(a) Hold[ hold] himself or herself out as a "physical therapist" or "licensed 15
physical therapist" and may use the abbreviations "P.T." or "L.P.T." as a part 16
of or immediately following the physical therapist's name, in connection with 17
the physical therapist's[his or her] profession; and 18
(b) Refer a patient for tests or examination to aid in patient management 19
decisions. 20
(4) A licensed physical therapist assistant may hold himself or herself out as a 21
"physical therapist assistant" or "licensed physical therapist assistant" and may 22
use the abbreviations "P.T.A." or "L.P.T.A." as a part of or immediately 23
following the physical therapist assistant's name, in connection with the physical 24
therapist assistant's profession. 25
(5) It shall be unlawful for any person, or for any business entity, its employees, agents, 26
or representatives to use in connection with the person's or entity's name or business 27 UNOFFICIAL COPY 25 RS BR 1376
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activity the words "physical therapy," "physical therapist," "physiotherapy," 1
"physiotherapist," "registered physical therapist," the letters "P.T.," "L.P.T.," or any 2
other words, letters, abbreviations, or insignia indicating or implying directly or 3
indirectly that physical therapy is provided or supplied or to bill for physical 4
therapy unless that physical therapy is provided by or under the supervision of a 5
physical therapist licensed and practicing in accordance with this chapter. 6
(6)[(5)] The provisions of subsections (1), (2), and (5)[(4)] of this section shall not 7
apply to volunteer health practitioners providing services under KRS 39A.350 to 8
39A.366. 9
Section 4. KRS 327.025 is amended to read as follows: 10
Any physical therapist, physical therapist[therapist's] assistant, or employer of physical 11
therapy practitioners having knowledge of facts by actual or direct knowledge shall report 12
to the board [of physical therapy ]a physical therapist or physical therapist[therapist's] 13
assistant who: 14
(1) Has been convicted of any[a] felony, or of a misdemeanor as referenced by 15
subsection (2)(f) of Section 10 of this Act that involved acts that bear directly on 16
the qualifications or ability of the applicant or[,] licensee[, or certificate holder] to 17
practice physical therapy; 18
(2) Is suspected of fraud or deceit in procuring or attempting to procure a license to 19
practice physical therapy or of negligently performing actions that justify action 20
against a physical therapist or physical therapist[therapist's] assistant's license as 21
identified in KRS 327.070(2); 22
(3) Has had a license to practice as a physical therapist or a license[certificate] to work 23
as a physical therapist[therapist's] assistant denied, limited, suspended, probated, or 24
revoked in another jurisdiction on grounds sufficient to cause a license [or 25
certificate ]to be denied, limited, suspended, probated, or revoked in this 26
Commonwealth; or 27 UNOFFICIAL COPY 25 RS BR 1376
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(4) Is practicing physical therapy without a current active license, compact 1
privilege[certificate], or valid provisional license[temporary permit] issued by the 2
board. 3
Section 5. KRS 327.030 is amended to read as follows: 4
(1) There is hereby established a Board of Physical Therapy which shall consist of 5
seven (7) members who shall be appointed by the Governor as follows:[.] 6
(a)[(1)] One (1) board member shall be a resident of Kentucky who is not 7
affiliated with or does not have more than five percent (5%) financial interest 8
in any health care profession or business; and[.] 9
(b)[(2)] All other board members shall: 10
1.[(a)] Be residents of Kentucky; 11
2.[(b)] Have engaged in the practice of physical therapy in Kentucky for 12
the past five (5) years; and 13
3.[(c)] Not have been disciplined by the board, or have been under any 14
disciplinary action, in the past five (5)[two (2)] years. 15
(2)[(3)] All vacancies shall be filled by the Governor from a list of at least three (3) 16
persons [per position ]submitted by the American[Kentucky] Physical Therapy 17
Association Kentucky Chapter or as provided by KRS 12.070. 18
(3)[(4)] Appointments[For appointments] to the board [after December 31, 2008, the 19
first two (2) appointments shall be for a term of two (2) years. The third 20
appointment shall be for a term of three (3) years. All other subsequent 21
appointments ]shall be for a term of four (4) years. All members shall serve until 22
their successors are appointed and qualify. No member shall serve for more than 23
two (2) consecutive terms. 24
(4)[(5)] The Governor may remove any member of the board for misconduct, 25
incompetence, or neglect of duty. 26
(5)[(6)] The board may request the removal of a board member by the Governor. 27 UNOFFICIAL COPY 25 RS BR 1376
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(6)[(7)] The board shall annually elect a chair and chair-elect. 1
(7)[(8)] The board shall provide orientation to all new board members regarding the 2
duties of the board. 3
(8) The board may employ an executive director and other personnel and may 4
purchase materials and supplies it deems necessary for the proper discharge of its 5
duties. 6
(9) There shall be no liability on the part of, and no action for damages against, any 7
current or former board member, representative, agent, or employee of the board, 8
when the person is functioning within the scope of board duties, acting without 9
malice and with the reasonable belief that the actions taken by him or her are 10
warranted by law. 11
(10) The board may purchase professional liability insurance for its members, staff, 12
investigators, general counsel, consultants, agents, and employees. The purchase 13
of or failure to purchase insurance shall not be deemed a waiver of any immunity 14
already conferred on the board, its members, staff, investigators, general counsel, 15
consultants, agents, and employees. 16
(11)[(10)] Each board member shall receive, in addition to travel, lodging, and other 17
actual and necessary expenses, a per diem not to exceed two hundred fifty[one 18
hundred twenty] dollars ($250)[($120)] for each day the member is actually 19
engaged in the discharge of official duties approved by the board. The board shall, 20
by promulgation of administrative regulations, set the amount of the per diem. 21
(12) The board may utilize the Attorney General's Office pool of hearing officers in 22
accordance with KRS 13B.030. However, if the Attorney General's office cannot 23
provide a hearing officer, the board may employ or contract with a hearing 24
officer of its choice. 25
(13) With the approval of the board, the executive director may hire additional officers 26
and other personnel necessary for the proper functioning of the board, fix their 27 UNOFFICIAL COPY 25 RS BR 1376
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salaries, and prescribe their duties. Any person employed under this section shall 1
not be subject to the provisions of KRS Chapter 18A. 2
Section 6. KRS 327.040 is amended to read as follows: 3
(1) The board shall: 4
(a) Administer and enforce this chapter and set and evaluate the qualifications 5
of applicants for licensure and for provisional licenses; and 6
(b) Promulgate administrative regulations in accordance with KRS Chapter 7
13A to: 8
1. Effectively carry out and enforce the provisions of this chapter, 9
including the regulation of physical therapists, physical therapist 10
assistants, and the use of supportive personnel; and 11
2. Establish the fee amounts for all fees required by this chapter and the 12
fees for services provided by the board, which shall not exceed 13
amounts necessary to generate sufficient funds to effectively carry out 14
and enforce the provisions of this chapter, including costs related to 15
administration, overhead, staffing, information technology, 16
investigations, inspections, administrative procedures, court costs, 17
supplies, equipment, travel, educational awards, education and 18
outreach efforts, and reserve funds for capital, operational, and 19
programmatic expenses[It shall be the duty of the State Board of 20
Physical Therapy to receive applications from persons desiring to 21
become physical therapists and to determine whether said applicants 22
meet the qualifications and standards required by this chapter of all 23
physical therapists. The board shall also be charged with enforcement of 24
the provisions of this chapter]. 25
(2) The board is an agency of state government with the power to institute criminal 26
proceedings in the name of the Commonwealth against violators of this chapter, and 27 UNOFFICIAL COPY 25 RS BR 1376
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to institute civil proceedings to enjoin any violation of this chapter. The board shall 1
investigate every alleged violation of this chapter coming to its notice by the 2
complaint procedure set forth in administrative regulations promulgated by the 3
board, and shall take action as it may deem appropriate. It shall be the duty of the 4
Attorney General, the Commonwealth's attorneys, and the county attorneys to assist 5
the board in prosecuting all violations of this chapter. 6
(3) The board shall meet at least once each quarter at such place in this state as may be 7
selected by the board. Four (4) members of the board shall constitute a quorum for 8
the transaction of business. All meetings shall be held at the call of the board 9
chair[chairman] or at a call of a quorum of members upon not less than ten (10) 10
days' written notice, unless notice shall be waived. The presence of any member at 11
any meeting of the board shall constitute a waiver of notice thereof by the member. 12
(4) The board may conduct investigations and schedule and conduct administrative 13
hearings in accordance with KRS Chapter 13B, to enforce the provisions of this 14
chapter or administrative regulations promulgated pursuant to this chapter. The 15
board may[shall have the authority to] administer oaths, receive evidence, interview 16
persons, issue subpoenas, and require the production of books, papers, documents, 17
or other evidence. In case of disobedience to a subpoena, the board may invoke the 18
aid of the Franklin Circuit Court. Any order or subpoena of the court requiring the 19
attendance or testimony of witnesses or the production of documentary evidence 20
may be enforced and shall be valid anywhere in the Commonwealth. 21
(5) The board shall keep minutes[a minute book] containing a record of all meetings of 22
the board. 23
(6) The board shall maintain an electronic record[a register] of all persons licensed [or 24
certified ]under this chapter. This record[register] shall show the name of every 25
licensee [or certificate holder ]in this state, the licensee's[his] current business 26
or[and] residence address and telephone numbers, email address, and the date and 27 UNOFFICIAL COPY 25 RS BR 1376
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number of the licensee's[his] license[ or certificate]. A licensee [or certificate 1
holder ]shall notify the board of a change of name, address, email address, or 2
telephone number, within thirty (30) days of the change. 3
(7) [The board's records shall be updated annually.] 4
[(8) ]The board shall [publish annually and ]make available[,] a current directory of all 5
licensed physical therapists and [certified ]physical therapist[therapists'] assistants. 6
(8)[(9)] The board shall adopt a seal which shall be affixed to every license [and 7
certificate ]granted by it. 8
(9)[(10)] The board may promulgate administrative regulations establishing a measure 9
of continued competency as a condition of license renewal.[ 10
(11) The board may promulgate and enforce reasonable administrative regulations for 11
the effectuation of the purposes of this chapter pursuant to the provisions of KRS 12
Chapter 13A.] 13
(10)[(12)] The board shall promulgate by administrative regulation a code of ethical 14
standards and standards of practice. 15
(11) The board may issue advisory opinions and declaratory rulings related to this 16
chapter and the administrative regulations promulgated thereunder as 17
established by administrative regulations. 18
(12)[(13)] The board may[shall have the right to] regulate physical therapist[therapists'] 19
assistants and may promulgate reasonable administrative regulations regarding 20
licensure[certification], limitations of activities, supervision, and educational 21
qualifications for physical therapist[therapists'] assistants. The board may establish 22
reasonable fees for the licensure[certification], renewal, and endorsement of 23
physical therapist[therapists'] assistants. The fees shall not exceed corresponding 24
fees for physical therapists. 25
(13) (a)[(14)] The board shall promulgate administrative regulations governing the 26
physical and mental examination of physical therapists, physical 27 UNOFFICIAL COPY 25 RS BR 1376
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therapist[therapists'] assistants, or applicants, who may be impaired by reason 1
of a mental, physical, or other condition that impedes their ability to practice 2
competently. 3
(b) For purposes of enforcing this subsection and carrying out other duties 4
prescribed in this chapter[section], the board shall have the power to order an 5
immediate temporary suspension in accordance with KRS 13B.125 if there is 6
a reasonable cause to believe that a physical therapist, physical 7
therapist[therapist's] assistant, or applicant may be impaired by reason of a 8
mental, physical, or other condition or presents an immediate danger to the 9
health, welfare, or safety of the public[ that impedes his or her ability to 10
practice competently]. 11
(14) The board may convene committees and task forces to review and advise the 12
board on pertinent issues of public protection of the practice of physical therapy 13
in the Commonwealth. 14
Section 7. KRS 327.045 is amended to read as follows: 15
(1) The board shall establish an impaired physical therapy practitioners committee to 16
promote the early identification, intervention, treatment, and rehabilitation of 17
physical therapists and physical therapist[therapists'] assistants who may be 18
impaired by reason of illness or of alcohol or drug abuse, or as a result of any 19
physical or mental condition. 20
(2) The board may enter into a contractual agreement with a nonprofit corporation, 21
physical therapy professional organization, or similar organization for the purpose 22
of creating, supporting, and maintaining an impaired physical therapy practitioners 23
committee. 24
(3) The board may promulgate administrative regulations in accordance with KRS 25
Chapter 13A to effectuate and implement a committee formed by the provisions of 26
this section. 27 UNOFFICIAL COPY 25 RS BR 1376
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(4) The[Beginning January 1, 2001, the] board shall collect an assessment fee[ not to 1
exceed twenty dollars ($20)] per licensee[ or certificate holder], payable to the 2
board, to be added to each licensure [and certification ]renewal application fee. 3
Proceeds from the assessment shall be expended on the operation of an impaired 4
physical therapy practitioners committee formed by the provisions of this section. 5
The fee shall be set by the promulgation of administrative regulations. 6
(5) Members of an impaired physical therapy practitioners committee, any 7
administrator, staff member, consultant, agent, volunteer, or employee of the 8
committee acting within the scope of their duties and without actual malice, and all 9
other persons who furnish information to the committee in good faith and without 10
actual malice shall not be liable for any claim or damages as a result of any 11
statement, decision, opinion, investigation, or action taken by the committee or by 12
an individual member of the committee. 13
(6) All information, interviews, reports, statements, memoranda, or other documents 14
furnished to or produced by the impaired physical therapy practitioners committee, 15
all communication to or from the committee, and all proceedings, findings, and 16
conclusions of the committee, including those relating to intervention, treatment, or 17
rehabilitation, which in any way pertain or refer to a physical therapist or physical 18
therapist[therapist's] assistant who is or may be impaired, shall be privileged and 19
confidential. 20
(7) All records and proceedings of the committee that pertain or refer to a licensee[ or a 21
certificate holder] who may be, or actually is, impaired shall be privileged and 22
confidential and shall be used by the committee and its members only in the 23
exercise of the proper function of the committee and shall not be considered public 24
records and shall not be subject to court subpoena and subject to discovery or 25
introduction as evidence in any civil, criminal, or administrative proceedings except 26
as described in subsection (8) of this section. 27 UNOFFICIAL COPY 25 RS BR 1376
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(8) The committee may disclose information relative to an impaired physical therapist 1
or physical therapist[therapist's] assistant only when: 2
(a) It is essential to disclose the information to persons or organizations needing 3
the information in order to address the intervention, treatment, or 4
rehabilitation needs of the impaired practitioner; 5
(b) Its release is authorized in writing by the impaired physical therapist or 6
physical therapist[therapist's] assistant; or 7
(c) The information is subject to court order or the disclosure is otherwise 8
authorized by law. 9
(9) The impaired physical therapy practitioners committee shall make an annual report 10
to the board. 11
Section 8. KRS 327.050 is amended to read as follows: 12
(1) Before the board may issue a license to a physical therapist applicant or a 13
physical therapist assistant applicant[applying for licensure by the board as a 14
physical therapist], the applicant[a person] shall have successfully completed an 15
accredited program in physical therapy approved by the board. No school shall be 16
approved by the board unless it has been approved for the educational preparation 17
of physical therapists or physical therapist assistants by the recognized national 18
accrediting agency for physical therapy educational programs. 19
(2) Any person who possesses the qualifications required by this chapter and who 20
desires to apply for licensure as a physical therapist or physical therapist assistant 21
in Kentucky shall make written application to the board, on forms to be provided by 22
the board. The application shall be accompanied by a nonrefundable application fee 23
in an amount to be determined by the board[, but not to exceed two hundred fifty 24
dollars ($250)]. 25
(3) If it appears from the application that the applicant possesses the qualifications 26
required by this chapter and has not yet successfully completed the board-approved 27 UNOFFICIAL COPY 25 RS BR 1376
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examination, the applicant shall be allowed to sit for the examination and tested in 1
the subjects the board may determine to be necessary. 2
(4) Examinations shall be held within the state at least once a year at the time and place 3
as the board shall determine. 4
(5) An applicant who is admitted to the examination or an applicant who has submitted 5
satisfactory evidence that the applicant[he] has been accepted as a candidate for 6
licensure by examination in a state which offers an examination approved by the 7
board may be granted a provisional license[temporary permit] which shall be valid 8
until the applicant's[his] examination is graded and the applicant[he] is notified by 9
the board of the applicant's[his] score. The board may summarily withdraw a 10
provisional license[temporary permit] upon determination that the person has made 11
any false statement to the board on the application, or the person fails to pass an 12
examination approved by the board. 13
(6) An applicant who receives a passing score as determined by the board and who 14
meets the other qualifications required by this chapter shall be licensed as a 15
physical therapist or physical therapist assistant. 16
(7) An applicant who fails to receive a passing score on the[his] examination shall not 17
be licensed, but the board may, by administrative regulation, permit applicants to 18
take the examination more than once. 19
(8) All licenses[ and certificates] shall be renewed biennially[,] upon payment on or 20
before March 31 of each odd-numbered[uneven-numbered] year of a renewal fee in 21
an amount to be promulgated by the board by administrative regulations. 22
(9) Licenses[ and certificates] which are not renewed by March 31 of each odd-23
numbered[uneven-numbered] year shall lapse.[ 24
(10) This chapter shall not be construed to affect or prevent: 25
(a) A student of physical therapy from engaging in clinical practice under the 26
supervision of a licensed physical therapist, as part of the student's 27 UNOFFICIAL COPY 25 RS BR 1376
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educational program; 1
(b) A physical therapist who is licensed to practice in another state or country 2
from conducting or participating in a clinical residency under the supervision 3
of a physical therapist licensed in Kentucky and for a period of not more than 4
ninety (90) days; 5
(c) A physical therapist who is licensed to practice in another state or country 6
from conducting or participating in the teaching of physical therapy in 7
connection with an educational program and for a period of not more than 8
ninety (90) days; 9
(d) A physical therapist licensed in another state or country from performing 10
therapy on members of the out-of-state sports or entertainment group they 11
accompany to Kentucky; or 12
(e) The practice of chiropractic as defined in KRS 312.015(3).] 13
Section 9. KRS 327.060 is amended to read as follows: 14
(1) The board shall issue a license to: 15
(a) An individual who holds a valid license from another state, who meets 16
requirements specified in KRS 327.050 and who has no imposed or pending 17
disciplinary actions. 18
(b) An individual who has been educated as a physical therapist or physical 19
therapist assistant outside the United States and who has: 20
1. Completed the application process; 21
2. Provided satisfactory evidence to the board that his or her education is 22
substantially equivalent to the requirements for physical therapists or 23
physical therapist assistants educated in United States accredited 24
educational programs; 25
3. Provided written proof that the school of physical therapy education 26
outside the United States is recognized by its own ministry of education; 27 UNOFFICIAL COPY 25 RS BR 1376
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4. Successfully completed the examinations provided for in KRS 327.050; 1
5. Passed the board-approved English language proficiency examinations 2
if English is not the applicant's[his or her] native language; 3
6. Successfully completed, prior to licensure, a board-approved, supervised 4
practice period of not less than three (3) months nor more than six (6) 5
months, under the direct supervision of a physical therapist who holds 6
an unrestricted[ Kentucky] license. This requirement may be satisfied by 7
at least three (3) months of supervised practice as a physical therapist in 8
a state with license requirements comparable to or more stringent than 9
those of Kentucky; 10
7. Provided proof of legal authorization to reside and seek employment in 11
the United States or its territories; 12
8. Provided proof of authorization to practice as a physical therapist or 13
physical therapist assistant without limitations in the country where the 14
professional education occurred; 15
9. Submitted to a prescreening process by an agency approved by the 16
board; and 17
10. Submitted educational credentials to the board for evaluation by an 18
agency approved by the board. 19
(2) The board may approve an agency to prescreen applicants for initial licensure under 20
this section. 21
(3) The board may approve one (1) or more services to provide an evaluation of the 22
applicant's educational credentials for board approval for licensing under this 23
section. 24
(4) The board may waive the requirements of subsection (1)(b) 3., 9., and 10. of this 25
section if the applicant is a graduate of a professional physical therapy education 26
program preapproved by the board. 27 UNOFFICIAL COPY 25 RS BR 1376
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(5) The board may waive the requirements of subsection (1)(b)6. of this section for 1
an applicant for credentialing by endorsement pursuant to administrative 2
regulations of the board. 3
Section 10. KRS 327.070 is amended to read as follows: 4
(1) The board, after due notice and an opportunity for an administrative hearing 5
conducted in accordance with KRS Chapter 13B may take any one (1) or a 6
combination of the following actions against any licensee, licensee of another 7
member state as defined in KRS 327.300[certificate holder], or applicant: 8
(a) Refuse to license[ or certify] any applicant; 9
(b) Refuse to renew the license[ or certificate] of any person; 10
(c) Permanently revoke, suspend,[Suspend or revoke] or place on probation the 11
license[ or certificate] of any person; 12
(d) Impose restrictions on the scope of practice of any person; 13
(e) Issue an administrative reprimand to any person; and 14
(f) Issue a private admonishment to any person[; and 15
(g) Impose fines for violations of this chapter not to exceed two thousand five 16
hundred dollars ($2,500)]. 17
(2) The following acts by a licensee, licensee of another member state as defined in 18
KRS 327.300[certificate holder], or applicant may be considered cause for 19
disciplinary action: 20
(a) Indulgence in excessive use of alcoholic beverages or abusive use of 21
controlled substances; 22
(b) Engaging in, permitting, or attempting to engage in or permit the performance 23
of substandard patient care by himself or by persons working under his 24
supervision due to a deliberate or negligent act or failure to act, regardless of 25
whether actual injury to the patient is established; 26
(c) 1. Having engaged in or attempted to engage in sexual contact as defined 27 UNOFFICIAL COPY 25 RS BR 1376
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in KRS 510.010, whether consensual or nonconsensual, with any 1
active patient of record, or with the parent or legal guardian of the 2
active patient of record, unless a consensual sexual relationship exists 3
between, and predated, the patient and therapist relationship; or 4
2. Requesting sexual favors or physical contact of a sexual nature unless 5
a prior consensual sexual relationship exists with any active patient of 6
record of the physical therapist or physical therapist assistant[Having 7
engaged in or attempted to engage in a course of lewd or immoral 8
conduct with any person: 9
1. While that person is a patient of a health care facility defined by KRS 10
216B.015 where the physical therapist or physical therapist's assistant 11
provides physical therapy services; or 12
2. While that person is a patient or client of the physical therapist or 13
physical therapist's assistant]; 14
(d) Having sexual contact, as defined by KRS 510.010(7), without the consent of 15
both parties, with any individual[an employee or coworker of the licensee or 16
certificate holder]; 17
(e) Sexually harassing any individual[an employee or coworker of the licensee or 18
certificate holder]; 19
(f) Conviction of a felony or misdemeanor in the courts of this state or any other 20
state, territory, or country which impedes a person's[affects his] ability[ to 21
continue] to practice competently and safely on the public, if in accordance 22
with KRS Chapter 335B. "Conviction," as used in this paragraph, shall 23
include a deferred conviction, deferred prosecution, deferred sentence, 24
finding or verdict of guilt, an Alford plea, an admission of guilt, or a plea of 25
nolo contendere; 26
(g) Obtaining or attempting to obtain a license [or certificate ]by fraud or material 27 UNOFFICIAL COPY 25 RS BR 1376
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misrepresentation or making any other false statement to the board; 1
(h) Engaging in fraud or material deception in the delivery of professional 2
services, including reimbursement, or advertising services in a false or 3
misleading manner; 4
(i) Evidence of gross negligence or gross incompetence in his practice of 5
physical therapy; 6
(j) Documentation of being declared mentally disabled by a court of competent 7
jurisdiction and not thereafter having had his rights restored; 8
(k) Failing or refusing to obey any lawful order or administrative regulation of the 9
board; 10
(l) Promoting for personal gain an unnecessary device, treatment, procedure, or 11
service, or directing or requiring a patient to purchase a device, treatment, 12
procedure, or service from a facility or business in which he has a financial 13
interest; 14
(m) Being impaired by reason of a mental, physical, or other condition that 15
impedes his or her ability to practice competently; 16
(n) Having had a license revoked or suspended, other disciplinary action taken, 17
or an application for licensure refused, revoked, or suspended by the proper 18
authorities of another state, territory, or country; 19
(o) Interfering with an investigation or disciplinary proceeding by failure to 20
cooperate, by willful misrepresentation of facts, or by the use of threats or 21
harassment against any patient or witness to prevent that patient or witness 22
from providing evidence in a disciplinary proceeding or any legal action; 23
(p) Failing to maintain patient confidentiality without documented 24
authorization of the patient or authorized decision maker, or unless 25
otherwise required by law; 26
(q) Engaging, or attempting to engage, in conduct that subverts or undermines 27 UNOFFICIAL COPY 25 RS BR 1376
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the integrity of the licensure examination process; 1
(r)[(n)] Violation of KRS 304.39-215; and 2
(s)[(o)] Conduct that is subject to the penalties under KRS 304.99-060(4) or (5). 3
(3) A private admonishment shall not: 4
(a) Be subject to disclosure to the public under KRS 61.878(1)(l);[. A private 5
admonishment shall not ] 6
(b) Constitute disciplinary action, but may be used by the board for statistical 7
purposes or in subsequent disciplinary action against the same licensee[, 8
certificate holder,] or applicant; or 9
(c) Be admissible in any proceeding under KRS Chapter 13B, except as 10
provided in paragraph (b) of this subsection. 11
(4) (a) The board shall develop specific guidelines through the promulgation of 12
administrative regulations in accordance with KRS Chapter 13A to follow 13
upon receipt of an allegation of sexual misconduct by a physical therapist 14
or physical therapist assistant licensed by the board or granted a compact 15
privilege under KRS 327.300. 16
(b) The guidelines shall include investigation, inquiry, and hearing procedures 17
which ensure that the process does not revictimize the alleged victim or 18
cause harm if a physical therapist or physical therapist assistant is falsely 19
accused. 20
(5) The board, staff, and investigators may receive periodic education on pertinent 21
issues, including but not limited to topics affecting the practice of physical 22
therapy and public protection. 23
(6) (a) The board may, by administrative regulation promulgated in accordance 24
with KRS Chapter 13A, establish which disciplinary action records may be 25
expunged. 26
(b) Any records that are expunged shall be exempt from disclosure under the 27 UNOFFICIAL COPY 25 RS BR 1376
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Kentucky Open Records Act, KRS 61.870 to 61.884. 1
(c) The board shall not report expunged disciplinary actions for any purpose 2
other than statistical. 3
SECTION 11. A NEW SECTION OF KRS CHAPTER 327 IS CREATED TO 4
READ AS FOLLOWS: 5
(1) The board shall establish the amounts, limits, or ranges for any fines imposed 6
under this chapter through the promulgation of administrative regulations in 7
accordance with KRS Chapter 13A and shall fine any person who: 8
(a) Violates or aids in the violation of Section 3, 4, 8, or 9 of this Act for 9
practicing or for performing services without a license required by the 10
board; 11
(b) Is issued a notice of violation by the board for failure to comply with this 12
chapter or administrative regulations promulgated under this chapter; 13
(c) Exercises or attempts to exercise control over, interferes with, or attempts to 14
influence the professional judgment of a licensee in any manner, including 15
through coercion, collusion, extortion, inducement, or intimidation; 16
(d) 1. Violates any ruling of the board or hinders any agent of the board in 17
carrying out the duties assigned to the agent; 18
2. Is an officer who refuses to enforce the provisions of this chapter 19
when called upon by the board to do so; or 20
3. Attempts in any way to hinder or obstruct the board in carrying out the 21
provisions of this chapter; or 22
(e) Willfully refuses to obey its lawful orders and resists, obstructs, interferes 23
with, threatens, attempts to intimidate, or in any other manner interferes 24
with an agent of the board. 25
(2) Each day or part of a day that a violation continues is a separate violation and 26
subject to daily penalties. 27 UNOFFICIAL COPY 25 RS BR 1376
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(3) For any violation of this chapter, in addition to any other fines designated in this 1
section, the board may impose on any person fines in an amount equal to the cost 2
of investigative and legal fees incurred by the board in processing the case. 3
(4) The board may seek an injunction in the Circuit Court of the county in which the 4
alleged violation occurred against any individual who practices physical therapy 5
without a license issued by the board under this chapter or a compact privilege 6
granted under KRS 327.300. 7
Section 12. KRS 327.075 is amended to read as follows: 8
(1) The board may reinstate within three (3) years a license[ or certificate] which has 9
lapsed[,] upon payment of the prescribed renewal fee and, in addition, the payment 10
of a reinstatement fee to be promulgated by the board by administrative regulations. 11
(2) The board may reinstate a license[ or certificate] which has been lapsed for more 12
than three (3) years[,] upon a showing that the applicant is able to practice with 13
reasonable competency. In determining competency, the board may require the 14
applicant to successfully complete additional requirements established by the 15
board by promulgation of an administrative regulation in accordance with KRS 16
Chapter 13A[all or any part of the required examination]. 17
(3) The board may reinstate a license which has been suspended or revoked under 18
provisions of this chapter if, after a hearing conducted in accordance with KRS 19
Chapter 13B, the board determines the applicant is able to practice the profession 20
with reasonable competency and is able to maintain the ethical code and standards 21
of practice promulgated by administrative regulation. As a condition of 22
reinstatement, the board may impose reasonable restrictions under which the 23
licensee[ or certificate holder] shall practice. 24
(4) Any person aggrieved by a final order of the board denying, suspending, or 25
revoking that person's[his] license[ or certificate] may appeal to the Franklin 26
Circuit Court in accordance with KRS Chapter 13B. 27 UNOFFICIAL COPY 25 RS BR 1376
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SECTION 13. KRS 327.080 IS REPEALED AND REENACTED TO READ 1
AS FOLLOWS: 2
(1) All fees and other moneys received by the board pursuant to this chapter shall be 3
deposited in the State Treasury to the credit of a revolving fund for the use of the 4
board. 5
(2) (a) No part of this revolving fund shall revert to the general fund of this 6
Commonwealth. 7
(b) Notwithstanding KRS 45.229, fund amounts not expended at the close of a 8
fiscal year shall not lapse but shall be carried forward into the next fiscal 9
year. 10
(3) All expenses incurred by the board shall be paid from this revolving fund, 11
including: 12
(a) The compensation of members of the board; 13
(b) Salaries, wages, and benefits of the employees of the board; 14
(c) Payment of contractors hired by the board; 15
(d) Administrative services provided to the board; 16
(e) Investigative and legal services; 17
(f) Court costs; 18
(g) Technology expenses related to administration of this chapter; and 19
(h) All other expenses incurred by board. 20
Section 14. KRS 327.200 is amended to read as follows: 21
(1) A treating physical therapist or physical therapist assistant who provides or 22
facilitates the use of telehealth shall ensure: 23
(a) That the informed consent of the patient, or another appropriate person with 24
authority to make the health care treatment decision for the patient, is 25
obtained before services are provided through telehealth; and 26
(b) That the confidentiality of the patient's medical information is maintained as 27 UNOFFICIAL COPY 25 RS BR 1376
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required by this chapter and other applicable law. At a minimum, 1
confidentiality shall be maintained through appropriate processes, practices, 2
and technology as designated by the board and that conform to applicable 3
federal law. 4
(2) The board shall promulgate administrative regulations in accordance with KRS 5
Chapter 13A to implement this section and as necessary to: 6
(a) Prevent abuse and fraud through the use of telehealth services; 7
(b) Prevent fee-splitting through the use of telehealth services; and 8
(c) Utilize telehealth in the provision of physical therapy and in the provision of 9
continuing education. 10
(3) For purposes of this section, "telehealth" means the use of interactive audio, video, 11
or other electronic media to deliver health care. It includes the use of electronic 12
media for physical therapy diagnosis, consultation, treatment, transfer of health or 13
medical data, and continuing education. 14
Section 15. KRS 327.310 is amended to read as follows: 15
The Board of Physical Therapy established in KRS 327.030 shall require a national and 16
state criminal background investigation for every applicant seeking a license[, 17
certificate,] or provisional license[temporary permit] issued by the board permitting the 18
applicant to engage in a profession authorized by the board. The criminal background 19
investigation shall be by means of a fingerprint check by the Department of Kentucky 20
State Police and Federal Bureau of Investigation, pursuant to the following requirements: 21
(1) The applicant shall provide the applicant's[his or her] fingerprints to the 22
Department of Kentucky State Police for submission to the Federal Bureau of 23
Investigation after a state criminal background check is conducted; 24
(2) The results of the national and state criminal background check shall be sent to the 25
board for the screening of applicants; 26
(3) The board shall be prohibited from releasing any criminal history record 27 UNOFFICIAL COPY 25 RS BR 1376
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information to any private entity or other licensing board, or authorizing receipt by 1
such entity or board; and 2
(4) Any fee charged by the Department of Kentucky State Police or the Federal Bureau 3
of Investigation shall be an amount no greater than the actual cost of processing the 4
request and conducting the background check. The board may charge this fee to the 5
applicant for licensure[ or certification]. 6