| 12 | 13 | | A BILL TO BE ENTITLED 1 |
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| 13 | 14 | | AN ACT TO AMEND THE LAWS REGULATING THE PRACTICE OF PHYSICAL 2 |
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| 14 | 15 | | THERAPY. 3 |
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| 15 | 16 | | The General Assembly of North Carolina enacts: 4 |
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| 16 | 17 | | SECTION 1. G.S. 90-270.90 reads as rewritten: 5 |
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| 17 | 18 | | "Article 18E. 6 |
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| 18 | 19 | | "Physical Therapy. 7 |
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| 19 | 20 | | "§ 90-270.90. Definitions. 8 |
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| 20 | 21 | | In this Article, unless the context otherwise requires, the following definitions shall apply: 9 |
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| 21 | 22 | | … 10 |
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| 22 | 23 | | (4) "Physical therapy" means the evaluation or treatment of any person by the use 11 |
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| 23 | 24 | | of physical, chemical, or other properties of heat, light, water, electricity, 12 |
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| 24 | 25 | | sound, massage, or therapeutic exercise, or other rehabilitative procedures, 13 |
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| 25 | 26 | | with or without assistive devices, for the purposes of preventing, correcting, 14 |
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| 26 | 27 | | or alleviating a physical or mental disability. Physical therapy includes the 15 |
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| 27 | 28 | | performance of specialized tests of neuromuscular function, administration of 16 |
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| 28 | 29 | | specialized therapeutic procedures, interpretation and implementation of 17 |
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| 29 | 30 | | referrals from licensed medical doctors or dentists, and establishment and 18 |
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| 30 | 31 | | modification of physical therapy programs for patients. Evaluation and 19 |
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| 31 | 32 | | treatment of patients may involve physical measures, methods, or procedures 20 |
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| 32 | 33 | | as are (i) found commensurate with physical therapy education and training 21 |
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| 33 | 34 | | training, (ii) the standards of acceptable and prevailing physical therapy 22 |
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| 34 | 35 | | practice, and (iii) generally or specifically authorized by regulations of the 23 |
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| 35 | 36 | | Board. Physical therapy education and training shall include study of the 24 |
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| 36 | 37 | | skeletal manifestations of systemic disease. Physical therapy does not include 25 |
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| 37 | 38 | | the application of roentgen rays or radioactive materials, surgery, the practice 26 |
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| 38 | 39 | | of chiropractic, as defined by G.S. 90-143, or medical diagnosis of disease. 27 |
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| 39 | 40 | | …." 28 |
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| 40 | 41 | | SECTION 2. G.S. 90-270.91 reads as rewritten: 29 |
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| 41 | 42 | | "§ 90-270.91. Board of Examiners. 30 |
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| 42 | 43 | | The North Carolina Board of Physical Therapy Examiners is hereby created. The Board shall 31 |
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| 43 | 44 | | consist of eight members, including one medical doctor licensed and residing in North Carolina, 32 |
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| 44 | 45 | | four physical therapists, two physical therapist assistants, and one public member. The public 33 |
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| 45 | 46 | | member shall be appointed by the Governor and shall be a person who is not licensed under 34 |
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| 46 | 47 | | Chapter 90 who shall represent the interest of the public at large. The medical doctor, physical 35 |
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| 49 | 54 | | compiled by the North Carolina Physical Therapy Association, Inc., American Physical Therapy 1 |
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| 50 | 55 | | Association North Carolina (APTANC), following the use of a nomination procedure made 2 |
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| 51 | 56 | | available to all physical therapists and physical therapist assistants licensed and residing in North 3 |
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| 52 | 57 | | Carolina. In soliciting nominations and compiling its list, the Association will give consideration 4 |
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| 53 | 58 | | to geographic distribution, practice setting (institution, independent, academic, etc.), and other 5 |
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| 54 | 59 | | factors that will promote representation of all aspects of physical therapy practice on the Board. 6 |
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| 55 | 60 | | The records of the operation of the nomination procedure shall be filed with the Board, to be 7 |
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| 56 | 61 | | available for a period of six months following nomination, for reasonable inspection by any 8 |
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| 57 | 62 | | licensed practitioner. Each physical therapist member of the Board shall be licensed and reside 9 |
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| 58 | 63 | | in this State; provided that the physical therapist shall have not less than three years' experience 10 |
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| 59 | 64 | | as a physical therapist immediately preceding appointment and shall be actively engaged in the 11 |
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| 60 | 65 | | practice of physical therapy in North Carolina during incumbency. Each physical therapist 12 |
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| 61 | 66 | | assistant member shall be licensed and reside in this State; provided that the physical therapist 13 |
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| 62 | 67 | | assistant shall have not less than three years' experience as a physical therapist assistant 14 |
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| 63 | 68 | | immediately preceding appointment and shall be actively engaged in practice as a physical 15 |
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| 64 | 69 | | therapist assistant in North Carolina during incumbency. 16 |
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| 65 | 70 | | Members shall be appointed to serve three-year terms, or until their successors are appointed, 17 |
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| 66 | 71 | | to commence on January 1 in respective years. In the event that a member of the Board for any 18 |
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| 67 | 72 | | reason shall become ineligible to or cannot complete a term of office, another appointment shall 19 |
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| 68 | 73 | | be made by the Governor, in accordance with the procedure stated above, to fill the remainder of 20 |
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| 69 | 74 | | the term. No member may shall serve for more than two successive three-year terms. 21 |
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| 70 | 75 | | The Board may immediately remove a member from the Board if the member is found by the 22 |
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| 71 | 76 | | remainder of the Board to have (i) ceased to meet the qualifications specified in this section, (ii) 23 |
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| 72 | 77 | | failed to attend three successive Board meetings without just cause, (iii) violated any of the 24 |
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| 73 | 78 | | provisions of this Article or rules adopted by the Board, or (iv) otherwise engaged in immoral, 25 |
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| 74 | 79 | | dishonorable, unprofessional, or unethical conduct. Before removing a Board member for 26 |
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| 75 | 80 | | immoral, dishonorable, unprofessional, or unethical conduct, the Board shall further find that the 27 |
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| 76 | 81 | | relevant conduct has compromised the integrity of the Board. 28 |
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| 77 | 82 | | The Board each year shall designate one of its physical therapist members as chairman and 29 |
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| 78 | 83 | | one member as secretary-treasurer. Each member of the Board shall receive such per diem 30 |
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| 79 | 84 | | compensation and reimbursement for travel and subsistence as shall be set for licensing boards 31 |
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| 80 | 85 | | generally." 32 |
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| 81 | 86 | | SECTION 3. G.S. 90-270.92 reads as rewritten: 33 |
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| 82 | 87 | | "§ 90-270.92. Powers of the Board. 34 |
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| 83 | 88 | | The Board shall have the following general powers and duties: 35 |
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| 84 | 89 | | (1) Examine and determine the qualifications and fitness of applicants for a 36 |
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| 85 | 90 | | license to practice physical therapy in this State. 37 |
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| 86 | 91 | | (2) Issue, renew, deny, restrict, suspend, or revoke licenses to practice physical 38 |
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| 87 | 92 | | therapy in this State, or reprimand encumber or otherwise discipline licensed 39 |
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| 88 | 93 | | physical therapists and physical therapist assistants.assistants who 40 |
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| 89 | 94 | | demonstrate unprofessional conduct, including departure from, or failure to 41 |
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| 90 | 95 | | conform to the standards commensurate with acceptable and prevailing 42 |
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| 91 | 96 | | physical therapy practice, or the ethics of the physical therapy profession as 43 |
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| 92 | 97 | | defined by the American Physical Therapy Association, Code of Ethics for 44 |
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| 93 | 98 | | the Physical Therapist, and Standards of Ethical Conduct for the Physical 45 |
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| 94 | 99 | | Therapist Assistant. 46 |
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| 95 | 100 | | (3) Conduct confidential investigations for the purpose of determining whether 47 |
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| 96 | 101 | | violations of this Article or grounds for disciplining licensed physical 48 |
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| 97 | 102 | | therapists or physical therapist assistants exist. Investigation records shall not 49 |
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| 98 | 103 | | be considered public records under Chapter 132 of the General Statutes. These 50 |
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| 99 | 104 | | records are privileged and are not subject to discovery, subpoena, or other 51 General Assembly Of North Carolina Session 2025 |
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| 101 | 106 | | means of legal compulsion for release to any person other than the Board or 1 |
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| 102 | 107 | | its employees or consultants, except as provided in this section. However, any 2 |
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| 103 | 108 | | Board decisions rendered, hearing notices and statements of charges, and any 3 |
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| 104 | 109 | | material received and admitted into evidence at Board hearings shall be public 4 |
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| 105 | 110 | | records, regardless of whether the notices, statements, or materials are 5 |
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| 106 | 111 | | developed or compiled as a result of an investigation; provided that identifying 6 |
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| 107 | 112 | | information concerning the treatment or delivery of professional services to a 7 |
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| 108 | 113 | | patient who has not consented to its public disclosure may shall be deleted or 8 |
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| 109 | 114 | | redacted. 9 |
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| 110 | 115 | | (4) Establish mechanisms for assessing the continuing competence of licensed 10 |
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| 111 | 116 | | physical therapists or physical therapist assistants to engage in the practice of 11 |
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| 112 | 117 | | physical therapy, including approving rules requiring licensees to 12 |
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| 113 | 118 | | periodically, or in response to complaints or incident reports, submit to the 13 |
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| 114 | 119 | | Board: (i) evidence of continuing education experiences; (ii) evidence of 14 |
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| 115 | 120 | | minimum standard accomplishments; or (iii) evidence of compliance with 15 |
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| 116 | 121 | | other Board-approved measures, audits, or evaluations; and specify remedial 16 |
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| 117 | 122 | | actions if necessary or desirable to obtain license renewal or reinstatement. 17 |
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| 118 | 123 | | (5) Employ such or contract professional, clerical or special personnel necessary 18 |
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| 119 | 124 | | to carry out the provisions of this Article, and may purchase or rent necessary 19 |
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| 120 | 125 | | office space, equipment and supplies. 20 |
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| 121 | 126 | | (6) Conduct administrative hearings in accordance with Chapter 150B of the 21 |
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| 122 | 127 | | General Statutes when a "contested case" as defined in G.S. 150B-2(2) arises 22 |
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| 123 | 128 | | under this Article. 23 |
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| 124 | 129 | | (7) Appoint from its own membership one or more members to act as 24 |
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| 125 | 130 | | representatives of the Board at any meeting where such representation is 25 |
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| 126 | 131 | | deemed desirable. 26 |
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| 127 | 132 | | (8) Establish reasonable fees for applications for examination, licensure, 27 |
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| 128 | 133 | | certificates of licensure and renewal, and other services provided by the 28 |
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| 129 | 134 | | Board. 29 |
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| 130 | 135 | | (9) Adopt, amend, or repeal any rules or regulations necessary to carry out the 30 |
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| 131 | 136 | | purposes of this Article and the duties and responsibilities of the Board. 31 |
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| 132 | 137 | | (10) Request the Department of Public Safety to provide criminal history record 32 |
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| 133 | 138 | | checks pursuant to G.S. 90-270.96 in connection with licensure. 33 |
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| 134 | 139 | | (11) Issue subpoenas, on signature of the Board Chair or Executive Director, to 34 |
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| 135 | 140 | | compel the attendance of any witness or the production of any documents 35 |
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| 136 | 141 | | relative to investigations or Board proceedings. Upon written request, the 36 |
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| 137 | 142 | | Board shall revoke a subpoena if, upon a hearing, it finds that the evidence 37 |
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| 138 | 143 | | sought does not relate to a matter in issue, the subpoena does not describe with 38 |
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| 139 | 144 | | sufficient particularity the evidence sought, or for any other reason in law the 39 |
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| 140 | 145 | | subpoena is invalid. 40 |
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| 141 | 146 | | (12) Establish or participate in programs for aiding in the recovery and 41 |
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| 142 | 147 | | rehabilitation of physical therapists and physical therapist assistants who 42 |
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| 143 | 148 | | experience chemical or alcohol addiction or abuse or mental health problems. 43 |
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| 144 | 149 | | (13) Acquire, hold, rent, encumber, alienate, and otherwise deal with real property 44 |
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| 145 | 150 | | in the same manner as a private person or corporation, subject only to approval 45 |
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| 146 | 151 | | of the Governor and the Council of State. Collateral pledged by the Board for 46 |
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| 147 | 152 | | an encumbrance is limited to the assets, income, and revenues of the Board. 47 |
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| 148 | 153 | | The powers and duties enumerated above are granted for the purpose of enabling the Board 48 |
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| 149 | 154 | | to safeguard the public health, safety and welfare against unqualified or incompetent practitioners 49 |
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| 150 | 155 | | of physical therapy, and are to be liberally construed to accomplish this objective. In instances 50 |
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| 151 | 156 | | where the Board makes a decision to discipline physical therapists or physical therapist assistants 51 General Assembly Of North Carolina Session 2025 |
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| 153 | 158 | | under powers set out by any of subsections subdivisions (2) through (4) and (6) of this section, it 1 |
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| 154 | 159 | | may as part of its decision charge the reasonable costs of investigation and hearing to the person 2 |
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| 155 | 160 | | disciplined." 3 |
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| 156 | 161 | | SECTION 4. G.S. 90-270.93 reads as rewritten: 4 |
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| 157 | 162 | | "§ 90-270.93. Records to be kept; copies of record. 5 |
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| 158 | 163 | | The Board shall keep a record of proceedings under this Article and a record of all persons 6 |
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| 159 | 164 | | licensed under it. The record shall show the name, email, last known place of business and last 7 |
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| 160 | 165 | | known place of residence, and date and number of licensure certificate as a physical therapist or 8 |
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| 161 | 166 | | physical therapist assistant, for every living licensee. Any interested person in the State is entitled 9 |
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| 162 | 167 | | to obtain a copy of that record on application to the Board and payment of such reasonable charge 10 |
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| 163 | 168 | | as may be fixed by it based on the costs involved." 11 |
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| 164 | 169 | | SECTION 5. G.S. 90-270.95 reads as rewritten: 12 |
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| 165 | 170 | | "§ 90-270.95. Qualifications of applicants for examination; licensure; application; fee. 13 |
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| 166 | 171 | | Any person who desires to be licensed under this Article and who:who meets all of the 14 |
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| 167 | 172 | | following: 15 |
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| 168 | 173 | | (1) Is of good moral character;character. 16 |
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| 169 | 174 | | (2) If an applicant for physical therapy therapist licensure, has been graduated 17 |
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| 170 | 175 | | from a physical therapy therapist program accredited by an agency recognized 18 |
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| 171 | 176 | | by either the U.S. Office of Education or the Council on Postsecondary 19 |
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| 172 | 177 | | Accreditation; andfor Higher Education Accreditation. 20 |
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| 173 | 178 | | (3) If an applicant for physical therapist assistant licensure, licensure has been 21 |
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| 174 | 179 | | graduated from a physical therapist assistant educational program accredited 22 |
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| 175 | 180 | | by an agency recognized by either the U.S. Office of Education or the Council 23 |
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| 176 | 181 | | on Postsecondary Accreditation;for Higher Education Accreditation, then the 24 |
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| 177 | 182 | | applicant may make application on a form furnished byshall apply to the 25 |
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| 178 | 183 | | Board for examination for licensure as a physical therapist or physical 26 |
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| 179 | 184 | | therapist assistant. At the time of making such that application, the applicant 27 |
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| 180 | 185 | | shall pay to the secretary-treasurer of the Board the fee prescribed by the 28 |
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| 181 | 186 | | Board, no portion of which shall be returned." 29 |
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| 182 | 187 | | SECTION 6. G.S. 90-270.96(a) reads as rewritten: 30 |
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| 183 | 188 | | "(a) All applicants for licensure shall consent to a criminal history record check. Refusal 31 |
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| 184 | 189 | | to consent to a criminal history record check may shall constitute grounds for the Board to deny 32 |
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| 185 | 190 | | licensure to an applicant. The Board shall be responsible for providing to the State Bureau of 33 |
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| 186 | 191 | | Investigation the fingerprints of the applicant to be checked, a form signed by the applicant 34 |
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| 187 | 192 | | consenting to the criminal history record check and the use of fingerprints and other identifying 35 |
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| 188 | 193 | | information required by the State or National Repositories, and any additional information 36 |
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| 189 | 194 | | required by the State Bureau of Investigation. The Board shall keep all information obtained 37 |
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| 190 | 195 | | pursuant to this section confidential." 38 |
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| 191 | 196 | | SECTION 7. G.S. 90-270.97 reads as rewritten: 39 |
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| 192 | 197 | | "§ 90-270.97. Licensure of foreign-trained non-CAPTE educated physical 40 |
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| 193 | 198 | | therapists.therapists and physical therapist assistants. 41 |
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| 194 | 199 | | Any person who has been trained as a physical therapist or physical therapist assistant in a 42 |
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| 195 | 200 | | foreign country non-CAPTE educational program and desires to be licensed under this Article 43 |
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| 196 | 201 | | and who:who satisfies all of the following: 44 |
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| 197 | 202 | | (1) Is of good moral character;character. 45 |
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| 198 | 203 | | (2) Holds a diplomaHas a diploma from an educational program for physical 46 |
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| 199 | 204 | | therapists or physical therapist assistants approved by the Board;Board. 47 |
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| 200 | 205 | | (3) Submits documentary evidence to the Board of completion of a course of 48 |
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| 201 | 206 | | instruction substantially equivalent to that obtained by an applicant for 49 |
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| 202 | 207 | | licensure under G.S. 90-270.95; andG.S. 90-270.95. 50 General Assembly Of North Carolina Session 2025 |
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| 204 | 209 | | (4) Demonstrates satisfactory proof of proficiency in the English 1 |
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| 205 | 210 | | language;language. 2 |
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| 206 | 211 | | may The person shall make application on a form furnished byto the Board for examination 3 |
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| 207 | 212 | | licensure as a foreign-trainednon-CAPTE educated physical therapist or physical therapist 4 |
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| 208 | 213 | | assistant. At the time of making such application, the applicant shall pay to the secretary-treasurer 5 |
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| 209 | 214 | | of the Board the fee prescribed by the Board, no portion of which shall be returned." 6 |
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| 210 | 215 | | SECTION 8. G.S. 90-270.98 reads as rewritten: 7 |
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| 211 | 216 | | "§ 90-270.98. Certificates of licensure. 8 |
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| 212 | 217 | | (a) The Board shall furnish a certificate of licensure to each applicant successfully 9 |
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| 213 | 218 | | passing the examination for licensure as a physical therapist or physical therapist assistant, 10 |
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| 214 | 219 | | respectively. Upon receipt of satisfactory evidence that an applicant has graduated, within six 11 |
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| 215 | 220 | | months prior to application, from a physical therapy or physical therapy assistant program 12 |
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| 216 | 221 | | accredited as required under G.S. 90-270.95, the Board may authorize the applicant to perform 13 |
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| 217 | 222 | | as a physical therapist or physical therapist assistant in this State, but only under the immediate 14 |
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| 218 | 223 | | supervision of a physical therapist licensed in this State, until a formal decision by the Board on 15 |
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| 219 | 224 | | the application for license. If a new graduate applicant that has been authorized to perform under 16 |
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| 220 | 225 | | supervision by a licensed physical therapist fails (without due cause as determined in the Board's 17 |
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| 221 | 226 | | discretion) to take the next succeeding examination, or if the applicant fails to pass the 18 |
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| 222 | 227 | | examination, and consequently does not become licensed, the authorization for the applicant to 19 |
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| 223 | 228 | | perform under supervision shall expire. Applicants approved by the Board for performance as 20 |
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| 224 | 229 | | physical therapists or physical therapist assistants while their applications are pending under 21 |
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| 225 | 230 | | circumstances described in this subsection shall be referred to as Physical Therapist Graduate or 22 |
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| 226 | 231 | | Physical Therapist Assistant Graduate.respectively, and who satisfies the requirements of 23 |
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| 227 | 232 | | G.S. 90-270.95. 24 |
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| 228 | 233 | | (b) The Board shall furnish a certificate of licensure to any person who is a physical 25 |
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| 229 | 234 | | therapist or physical therapist assistant registered or licensed under the laws of another state or 26 |
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| 230 | 235 | | territory, if the individual's qualifications were at the date of his or her registration or licensure 27 |
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| 231 | 236 | | substantially equal to the requirements under this Article.Article and if the individual satisfies 28 |
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| 232 | 237 | | the requirements of G.S. 90-270.95. When making such application, the applicant shall pay to 29 |
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| 233 | 238 | | the secretary-treasurer of the Board the fee prescribed by the Board, no portion of which shall be 30 |
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| 234 | 239 | | returned." 31 |
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| 235 | 240 | | SECTION 9. G.S. 90-270.99 reads as rewritten: 32 |
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| 236 | 241 | | "§ 90-270.99. Renewal of license; lapse; revival. 33 |
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| 237 | 242 | | (a) Every licensed physical therapist or physical therapist assistant shall, during the 34 |
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| 238 | 243 | | month of Januaryfrom November 1 through January 31 at close of business of every year, apply 35 |
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| 239 | 244 | | to the Board for a renewal of licensure and pay to the secretary-treasurer the prescribed fee. If 36 |
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| 240 | 245 | | January 31 is not a business day, the renewal deadline shall be the next succeeding business day. 37 |
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| 241 | 246 | | Licenses that are not so renewed shall automatically lapse. The Board may decline to renew 38 |
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| 242 | 247 | | licenses of physical therapists or physical therapist assistants for failure to comply with any 39 |
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| 243 | 248 | | required continuing competency measures. 40 |
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| 244 | 249 | | (b) The manner in which lapsed licenses shall be revived, reinstated, or extended shall be 41 |
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| 245 | 250 | | established by the Board in its discretion." 42 |
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| 246 | 251 | | SECTION 10. G.S. 90-270.100 reads as rewritten: 43 |
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| 247 | 252 | | "§ 90-270.100. Fees. 44 |
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| 248 | 253 | | The Board may collect fees established by its rules, but those fees shall not exceed the 45 |
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| 249 | 254 | | following schedule for the specified items: 46 |
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| 250 | 255 | | (1) Each application for licensure ............................................................$150.00 47 |
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| 251 | 256 | | (1a) Continuing competence course approvals ..........................................$150.00 48 |
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| 252 | 257 | | (2) License renewal ..................................................................................$120.00 49 |
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| 253 | 258 | | (3) Transfer/verification/replace certificate ...............................................$30.00 50 |
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| 254 | 259 | | (4) Examination retake...............................................................................$60.00 51 General Assembly Of North Carolina Session 2025 |
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| 256 | 261 | | (5) Late renewal .........................................................................................$20.00 1 |
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| 257 | 262 | | (6) Licensure revival (in addition to renewal) ...........................................$30.00 2 |
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| 258 | 263 | | (7) Directory ..............................................................................................$10.00 3 |
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| 259 | 264 | | (8) Licensee lists or labels ...........................................................................60.00 4 |
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| 260 | 265 | | In all instances where the Board uses the services of a national testing service for preparation, 5 |
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| 261 | 266 | | administration, or grading of examinations, the Board may charge the applicant the actual cost 6 |
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| 262 | 267 | | of the examination services, in addition to its other fees." 7 |
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| 263 | 268 | | SECTION 11. G.S. 90-270.101 reads as rewritten: 8 |
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| 264 | 269 | | "§ 90-270.101. Exemptions from licensure; certain practices exempted. 9 |
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| 265 | 270 | | (a) The following persons shall be permitted to practice physical therapy or assist in the 10 |
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| 266 | 271 | | practice in this State without obtaining a license under this Article upon the terms and conditions 11 |
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| 267 | 272 | | specified herein: 12 |
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| 268 | 273 | | … 13 |
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| 269 | 274 | | (6) Persons authorized to perform as physical therapists or physical therapist 14 |
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| 270 | 275 | | assistants under the provision of G.S. 90-270.98; 15 |
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| 271 | 276 | | … 16 |
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| 272 | 277 | | (10) Physical therapist or physical therapist assistant applicants seeking licensure 17 |
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| 273 | 278 | | or revival while completing the clinical practice requirements required by this 18 |
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| 274 | 279 | | Article and licensees performing remediation. Completing the clinical 19 |
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| 275 | 280 | | practice requirement without a license under this subdivision and performing 20 |
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| 276 | 281 | | remediation shall be performed under a Board-approved plan and supervision 21 |
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| 277 | 282 | | of a licensed physical therapist. 22 |
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| 278 | 283 | | …." 23 |
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| 279 | 284 | | SECTION 12. G.S. 90-270.102 reads as rewritten: 24 |
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| 280 | 285 | | "§ 90-270.102. Unlawful practice. 25 |
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| 281 | 286 | | Except as otherwise authorized in this Article, if any person, firm, or corporation shall: 26 |
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| 282 | 287 | | (1) Practice, attempt to practice, teach, consult, or supervise in physical therapy, 27 |
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| 283 | 288 | | or hold out any person as being able to do any of these things in this State, 28 |
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| 284 | 289 | | without first having obtained a license or authorization from the Board for the 29 |
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| 285 | 290 | | person performing services or being so held out; 30 |
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| 286 | 291 | | (2) Use in connection with any person's name any letters, words, numerical codes, 31 |
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| 287 | 292 | | or insignia indicating or implying that the person is a physical therapist or 32 |
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| 288 | 293 | | physical therapist assistant, or applicant with "Graduate" status, unless the 33 |
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| 289 | 294 | | person is licensed or authorized in accordance with this Article; 34 |
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| 290 | 295 | | (3) Practice or attempt to practice physical therapy with a revoked, lapsed, or 35 |
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| 291 | 296 | | suspended license; 36 |
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| 292 | 297 | | (4) Practice physical therapy and fail to refer to a licensed medical doctor or 37 |
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| 293 | 298 | | dentist appropriate healthcare professional any patient whose medical 38 |
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| 294 | 299 | | condition should have, at the time of evaluation or treatment, been determined 39 |
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| 295 | 300 | | to be beyond the scope of practice of a physical therapist; 40 |
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| 296 | 301 | | (5) Aid, abet, or assist any unlicensed person to practice physical therapy in 41 |
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| 297 | 302 | | violation of this Article; or 42 |
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| 298 | 303 | | (6) Violate any of the provisions of this Article; 43 |
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| 299 | 304 | | said person, firm, or corporation shall be guilty of a Class 1 misdemeanor. Each act of such 44 |
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| 300 | 305 | | unlawful practice shall constitute a distinct and separate offense." 45 |
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| 301 | 306 | | SECTION 13. G.S. 90-270.103 reads as rewritten: 46 |
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| 302 | 307 | | "§ 90-270.103. Grounds for disciplinary action. 47 |
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| 303 | 308 | | Grounds for disciplinary action shall include but not be limited to the following: 48 |
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| 304 | 309 | | (1) The employment of fraud, deceit or misrepresentation in obtaining or 49 |
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| 305 | 310 | | attempting to obtain a license, or the renewal thereof;thereof. 50 General Assembly Of North Carolina Session 2025 |
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| 307 | 312 | | (2) The use of drugs or intoxicating liquors to an extent which affects professional 1 |
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| 308 | 313 | | competency;competency. 2 |
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| 309 | 314 | | (3) Conviction of an offense under any municipal, State, or federal narcotic or 3 |
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| 310 | 315 | | controlled substance law, until proof of rehabilitation can be 4 |
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| 311 | 316 | | established;established. 5 |
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| 312 | 317 | | (4) Conviction Subject to G.S. 93B-8.1, conviction of a felony or other public 6 |
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| 313 | 318 | | offense involving moral turpitude, until proof of rehabilitation can be 7 |
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| 314 | 319 | | established;or a misdemeanor. 8 |
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| 315 | 320 | | (5) An adjudication of insanity or incompetency, until proof of recovery from the 9 |
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| 316 | 321 | | condition can be established;established. 10 |
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| 317 | 322 | | (6) Engaging in any act or practice violative of any of the provisions of this Article 11 |
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| 318 | 323 | | or of any of the rules and regulations adopted by the Board, or aiding, abetting 12 |
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| 319 | 324 | | or assisting any other person in the violation of the same;same. 13 |
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| 320 | 325 | | (7) The commission of an act or acts of malpractice, gross negligence or 14 |
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| 321 | 326 | | incompetence in the practice of physical therapy;therapy. 15 |
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| 322 | 327 | | (8) Practice as a licensed physical therapist or physical therapist assistant without 16 |
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| 323 | 328 | | a valid certificate of renewal;renewal. 17 |
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| 324 | 329 | | (9) Engaging in conduct that could result in harm or injury to the public. 18 |
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| 325 | 330 | | (10) Violation of recognized standards of ethics of the physical therapy profession 19 |
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| 326 | 331 | | established under the rules adopted by the Board." 20 |
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| 327 | 332 | | SECTION 14. The North Carolina Board of Physical Therapy Examiners may adopt 21 |
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| 328 | 333 | | rules to implement this act. 22 |
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| 329 | 334 | | SECTION 15. This act becomes effective October 1, 2025. 23 |
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