Chapter 402
S.P. 659 - L.D. 1842
PART N
Sec. N-1. 32 MRSA §3111, sub-§5, as enacted by PL 1979, c. 555, §2, is amended to read:
5. Physical therapy.
"Physical therapy" means the evaluation, treatment and instruction of human beings to detect, assess, prevent, correct, alleviate and limit physical disability, bodily malfunction and pain from injury, disease and any other bodily condition; the administration, interpretation and evaluation of tests and measurements of bodily functions and structures for the purpose of treatment planning; the planning, administration, evaluation and modifiction of treatment and instruction; and the use of physical agents and procedures, activities and devices for preventive and therapeutic purposes; and the provision of consultative, educational and other advisory services for the purpose of reducing the incidence and severity of physical disability, bodily malfunction and pain is the practice the scope of which is set forth in section 3111-A.
Sec. N-2. 32 MRSA §3111-A is enacted to read:
The practice of physical therapy includes the evaluation, treatment and instruction of human beings to detect, assess, prevent, correct, alleviate and limit physical disability, bodily malfunction and pain from injury, disease and any other bodily condition; the administration, interpretation and evaluation of tests and measurements of bodily functions and structures for the purpose of treatment planning; the planning, administration, evaluation and modification of treatment and instruction; and the use of physical agents and procedures, activities and devices for preventive and therapeutic purposes; and the provision of consultative, educational and other advisory services for the purpose of reducing the incidence and severity of physical disability, bodily malfunction and pain.
Sec. N-3. 32 MRSA §3112, as amended by PL 2003, c. 250, Pt. A, §1, is further amended to read:
The Board of Examiners in Physical Therapy, as established by Title 5, section 12004-A, subsection 31, and within the Department of Professional and Financial Regulation, shall consist consists of 2 physical therapists, one physical therapist assistant, one physician and one public member as defined in Title 5, section 12004-A.
1. Appointment.
Members of the board are appointed by the Governor for a term of 4 years. Appointments of members must comply with Title 10, section 60 8009.A member of the board may be removed from office for cause by the Governor.
2. Meetings; chair; quorum.
The board shall meet at least once a year to conduct its business and to elect a chair and a secretary, who serve for 2 years. Additional meetings must be held as necessary to conduct the business of the board and may be convened at the call of the chair or a majority of the board members. The board shall keep records and minutes as are necessary to the ordinary dispatch of its functions. Three members of the board constitute a quorum.
3. Officers.
The chairman shall be empowered to administer oaths in matters connected with the duties of the board. The secretary shall keep accurate minutes of meetings and carry on official correspondence.
4. Quorum.
Three members of the board shall constitute a quorum for all purposes.
5. Powers and duties.
The board shall have has the following powers and duties: A. To review the qualifications of applicants for licensure and to license physical therapists and physical therapist assistants who qualify under this chapter;
B. To conduct approve physical therapist and physical therapist assistant examinations and to establish passing standards; and
C. To make adopt rules in accordance with this chapter necessary for the enforcement of its authority and performance of its duties consistent with the provisions of Title 5, chapter 375 ; .
E. To order investigation of a complaint on its own motion or on written complaint filed with the board regarding noncompliance with or violation of any section of this chapter or of any rules adopted by the board;
F.
To conduct hearings to assist with investigations, to determine whether grounds exist for suspension, revocation or denial of a license, or as otherwise deemed necessary to the fulfillment of its responsibilities under this chapter. The board shall not refuse to renew a license for any reason other than failure to pay a required fee, unless it has afforded the licensee an opportunity for an adjudicatory hearing. The board shall hold an adjudicatory hearing at the written request of any person who is denied a license without a hearing for any reason other than failure to pay a required fee, provided that the request for hearing is received by the board within 30 days of the applicant's receipt of written notice of the denial of his application, the reasons therefor and his right to request a hearing. Hearings shall be conducted in conformity with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV, to the extent applicable. The board may subpoena witnesses, records and documents in any hearing it conducts;
G. After hearing, to censure or proceed as provided in section 3117.
H. To maintain a register containing names and addresses of each person licensed and other information that is considered necessary by the board and the Commissioner of Professional and Financial Regulation. This information is open for public inspection during regular office hours; and
I. To submit, no later than August 1st of each year to the Commissioner of Professional and Financial Regulation for the preceding fiscal year ending June 30th, an annual report of its operations and financial position together with such comments and recommendations as the board considers essential.
Sec. N-4. 32 MRSA §3113-B, as amended by PL 1999, c. 386, Pt. K, §2, is further amended to read:
Nothing in this chapter prohibits:
1. Engaging in licensed practice.
Any person licensed in this State under any other provision of law from engaging in the practice for which that person is licensed;
2. Federal officials.
Any person serving in the United States Armed Services or public health service or employed by the Veterans' Administration or other federal agency from performing that person's official duties, provided the duties are limited to that service or employment;
3. Persons employed by licensed doctors.
Any person employed by and under the control of a duly licensed doctor in that doctor's office from administering physical therapy modalities, providing that person does not profess to be a physical therapist or physical therapist assistant or use words or letters to indicate that the person is a licensed physical therapist or physical therapist assistant;
4. Graduate physical therapist or assistant.
The supervised practice of a graduate physical therapist or graduate physical therapist assistant, who is approved by the board to sit for examination, until the results of the examination have been published. The graduate must work in a facility employing at least one physical therapist licensed to practice in this State who assumes responsibility for patient-related activities of the applicant . This responsibility must be verified in advance of the graduate engaging in the practice of physical therapy pursuant to this section. That verification must be accompanied by the supervising physical therapist filing a supervisor's affidavit with the board on a form provided by the board;
5. Student physical therapist or assistant.
The supervised practice of physical therapy by a student enrolled in an accredited physical therapist or physical therapist assistant program who indicates that that person is a "student"; or
6. Delegation to aides or assistants.
Any physical therapist licensed pursuant to this chapter from delegating to a physical therapy aide or licensed physical therapist assistant treatment procedures or patient-related activities commensurate with the education and training of the person, but not including interpretation of referrals, performance or evaluation procedures or determination and modification of patient treatment programs. The board shall adopt rules governing supervision of physical therapy aides and licensed physical therapist assistants.
Sec. N-5. 32 MRSA §3114-A, sub-§1, ¶C, as amended by PL 1983, c. 413, §133, is further amended to read:
C. Pass an examination, approved by the board, to determine the applicant's fitness to practice as a physical therapist or to act as a physical therapist assistant. The board may waive the examination requirement for an applicant who is currently licensed in another state by virtue of having previously passed a qualifying examination acceptable to the board, provided that the passing standards for the examination were equivalent to those then required by the law of this State.
Sec. N-6. 32 MRSA §3114-B is enacted to read:
The board may waive the examination requirement for an applicant who is currently licensed in another state or other jurisdiction by virtue of having previously passed a qualifying examination acceptable to the board, if the passing standards for the examination are equivalent to those then required by the law of this State.
Sec. N-7. 32 MRSA §3115, as amended by PL 2003, c. 250, Pt. A, §3, is further amended to read:
The board shall license an applicant who meets the requirements of this chapter and pays the biennial licensure fee as set under section 3116-A. The fee for original licenses effective for one year or less during the biennial licensing period is 1/2 the fee set under section 3116-A. Each person licensed receives a certificate. Every certificate of licensure and renewal certificate for the current biennium must be conspicuously displayed at the place of employment of the licensee. A certificate of licensure The license must be conspicuously displayed by the licensee at the place of employment. Licensure as a physical therapist entitles the person to whom it is granted to engage in the practice of physical therapy anywhere in this State and to use the words "physical therapist" or letters "P.T." to indicate that the person is licensed in this State. A certificate of licensure Licensure as a physical therapist assistant entitles the person to whom it is granted to act as a physical therapist assistant and to use the words "physical therapist assistant" or letters "P.T.A." to indicate that the person is licensed in this State.
Sec. N-8. 32 MRSA §3116, as amended by PL 2003, c. 250, Pt. A, §4, is further amended to read:
All licenses must be renewed biennially on or before March 31st of each even-numbered year or at such other times as the Commissioner of Professional and Financial Regulation may designate upon application by the licensee accompanied by the renewal fee as set under section 3116-A. Any license not renewed by March 31st automatically expires. The board may renew an expired license if the renewal notice is returned within 90 days of the expiration date and upon payment of a late fee in addition to the renewal fee as set under section 3116-A. A person who submits an application for renewal more than 90 days after the license expiration date is subject to all requirements governing new applicants under this chapter, except that the board may in its discretion, giving due consideration to the protection of the public, waive examination if the renewal application is made within 2 years from the date of that expiration.
Sec. N-9. 32 MRSA §3117-A, as amended by PL 2003, c. 204, Pt. D, §1, is further amended to read:
The board may suspend or revoke a license pursuant to Title 5, section 10004. In addition, the board may refuse to issue or renew a license or the District Court may revoke, suspend or refuse to renew a license of a physical therapist or physical therapist assistant for any of the following reasons:
In addition to the grounds enumerated in Title 10, section 8003, subsection 5-A, paragraph A, the board may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5-A for any of the following reasons:
1. Fraud.
The practice of fraud or deceit in obtaining a license under this chapter or in connection with service rendered as a licensed physical therapist or physical therapist assistant;
2. Addiction.
Addiction, as confirmed by medical findings, to the use of alcohol or other drugs, which that has resulted in the licensed physical therapist or physical therapist assistant being unable to perform his the licensed physical therapist's or physical therapist assistant's duties or perform those duties in a manner which that would not endanger the health or safety of the patients to be served; or
3. Incompetency.
A medical finding of mental incompetency ; .
4. Accomplice.
Aiding or abetting a person not duly licensed as a licensed physical therapist or physical therapist assistant in representing himself as a licensed physical therapist or physical therapist assistant;
5. Misconduct.
Any gross negligence, incompetency or misconduct in the practice of physical therapy;
6. Criminal conviction.
Subject to the limitations of Title 5, chapter 341, conviction of a Class A, B or C crime or of a crime which, if committed in this State, would be punishable by one year or more of imprisonment; or
7. Violation.
Any violation of this chapter or any rule adopted by the board.
Sec. N-10. 32 MRSA §3118, as enacted by PL 1983, c. 413, §139 and amended by PL 1999, c. 547, Pt. B, §78 and affected by §80, is repealed and the following enacted in its place:
Any person who violates section 3113-A is subject to the provisions of Title 10, section 8003-C.