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OFFICE OF DOCUMENTS AND ADMINISTRATIVE ISSUANCES
AND
DEPARTMENT OF HEALTH
ERRATA NOTICE
The Administrator of the Office of Documents and Administrative Issuances, pursuant to the authority set forth in section 309 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1203; D.C. Official Code § 2-559) ,and the Director of the Department of Health, pursuant to the authority set forth under § 302 (14) of the District of Columbia Health Occupation Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1203.02 (14)) (Act), and Mayor’s Order 98-140, dated August 20, 1998, hereby gives notice of the following corrections to the text of the District of Columbia Municipal Regulations (DCMR) which was amended by a Notice of Final Rulemaking published in the D.C. Register and issued by the Department of Health on August 15, 2008 at 55 DCR 8802. The purpose of the amendments was to establish licensure and practice regulations for the profession of physical therapy assistants, which was established pursuant to the Physical Therapy Assistant Licensure amendment Act of 2006, effective March 6, 2007 (D.C. Law 16-220; D.C. Official Code § 3-1201.02(12)(B)).
The Notice of Final Rulemaking created a new Chapter 82, “Physical Therapist Assistants,” of Title 17 of the DCMR. This errata notice corrects the incorrect titling of the chapter by changing it to “Physical Therapy Assistants” as used in the Act, as well as substituting “physical therapy assistant” for “physical therapist assistant” wherever it appears. Additionally, this errata notice adds the word “treated” in subsection 8209.8 where it was inadvertently omitted in the Notice of Final Rulemaking. Chapter 82 shall read as follows:
CHAPTER 82 PHYSICAL THERAPY ASSISTANTS
8200 GENERAL PROVISIONS
8200.1 This chapter shall apply to applicants for and holders of a license to
practice as a physical therapy assistant.
8200.2 Chapter 40 (Health Occupations: General Rules) and 41 (Health
Occupations: Administrative Procedures) shall supplement this chapter.
8201 TERM OF LICENSE
8201.1 Subject to § 8201.2, a license issued pursuant to this chapter shall expire at 12:00
midnight of January 31 of each odd-numbered year.
8201.2 If the Director changes the renewal system pursuant to § 4006.3 of chapter 40 of
this title, a license issued pursuant to this chapter shall expire at 12:00 midnight of
the last day of the month of the birthdate of the holder of the license or other date
established by the Director.
8202 EDUCATIONAL REQUIREMENTS
8202.1 Except as otherwise provided in this subtitle, an applicant applying
for a license to practice as a physical therapy assistant shall establish
to the satisfaction of the Board that the applicant has successfully completed an
educational program in physical therapy appropriate for preparation as a physical
therapy assistant, which is accredited by an agency recognized by the Secretary
of the Department of Education or the Council of Postsecondary Accreditation.
8202.2 An applicant shall submit with a completed application an official certified
transcript of the applicant’s educational record and a certificate of graduation
from the educational institution.
8203 [RESERVED]
8204 LICENSURE BY EXAMINATION
8204.1 An applicant for licensure as a physical therapy assistant by examination shall
initiate the application process by submitting a completed application together
with the appropriate application fee and the documentation required by § 8202.2.
8204.2 An applicant for licensure as a physical therapy assistant shall have pre-approval
from the Board before taking any licensure examination. Only an applicant who
has graduated from an accredited physical therapy assistant program may be
approved by the Board to take the physical therapy assistant licensure
examination.
8204.3 An applicant for licensure by examination shall take and pass the National Physical Therapy Examination (“NPTE”) and the District of Columbia jurisprudence examination for physical therapy assistants.
8204.4 Following approval from the Board to take the applicable examinations, the
applicant may take the national examination and the District jurisprudence
examination in any order.
8204.5 The passing score on the national examination shall be determined by the body
administering the examination.
8204.6 The District jurisprudence examination shall be developed and administered by
the Board or, a body approved by the Board, on laws and rules pertaining to the
practice of physical therapy in the District of Columbia.
8204.7 The District jurisprudence examination may consist of questions on District of
Columbia laws pertaining to the practice of physical therapy including the Act,
this chapter, and chapters 40 and 41 of this title. The passing score of the District
examination shall be determined by the Board.
8204.8 An applicant for licensure who does not pass either examination on the first
attempt shall seek and obtain Board approval for any subsequent attempts to
retake the examination. Before the Board may approve an applicant for
subsequent testing beyond three (3) attempts, an applicant shall submit proof
satisfactory to the Board of having completed any remediation as determined by
the Board.
8204.9 If the Board determines that an applicant has engaged in or has attempted to
engage in conduct that subverts or undermines the integrity of either the national
examination or the District jurisprudence examination, the Board may disqualify
the applicant from taking the examinations. Examples of such conduct may
include, but are not limited to the following:
(a) Utilizing in any manner recalled or memorized examination
questions;
(b) Failing to comply with all test center security procedures;
(c) Attempting to communicate with other examinees during the test; or
(d) Copying or sharing examination questions or answers or portions of
questions or answers.
8204.10 All occurrences of any violation set forth in § 8204.9 shall be recorded in the
official records of the Board. Board action may include, but is not limited to the
following:
(a) Disqualifying test results of the applicant’s examinations;
(b) Disqualifying the applicant, permanently or for a specified period of time,
from eligibility for the examinations;
(c) Disqualifying the applicant, permanently or for a specified period of time,
from eligibility for licensure; or
(d) Revocation, suspension, or imposition of probationary conditions on a
license issued to the applicant.
8205 LICENSURE BY ENDORSEMENT
8205.1 The Board shall issue a license by endorsement to a physical therapy assistant
who has a valid, unrestricted license in good standing from another jurisdiction of
the United States and who meets all other requirements of this section.
8205.2 An applicant for licensure by endorsement as a physical therapy assistant shall
submit with a completed application the following:
(a) Official, certified proof of licensure as a physical therapy assistant in
good standing from another jurisdiction of the United States;
(b) Official, certified proof, from the body administering the examination, that
the applicant has passed the Board-approved national licensure
examination for a physical therapy assistant; and
(c) Proof pursuant to § 8202.1.
8205.3 An applicant shall take and pass the District of Columbia jurisprudence
examination for physical therapy assistants after obtaining Board approval.
8206 CONTINUING EDUCATION REQUIREMENTS
8206.1 Subject to § 8206.2, this section shall apply to applicants for the renewal,
reactivation, or reinstatement of a license expiring January 31, 2011, and for
subsequent terms.
8206.2 This section shall not apply to applicants for an initial license by examination or
endorsement, nor shall it apply to applicants for the first renewal of a license
granted by examination.
8206.3 A continuing education credit shall be valid only if it is part of a program or
activity approved by the Board in accordance with § 8207.
8206.4 An applicant for renewal of a license shall submit proof pursuant to § 8206.7 of
having completed three (3) continuing education units or thirty (30) hours of
approved continuing education credit during the two (2) year period preceding the
date the license expires.
8206.5 To qualify for a license, a person in inactive status within the meaning of section
511 of the Act (D.C. Official Code § 3-1205.11) who submits an application to
reactivate a license shall submit proof of having completed fifteen (15) hours of
approved continuing education credit within one (1) year prior to application for
each license year after January 31, 2011, that the applicant was in inactive status.
8206.6 To qualify for a license, an applicant for reinstatement of a license shall submit
proof of having completed fifteen (15) hours of approved continuing education
credit for each year after January 31, 2011, that the applicant was not licensed.
8206.7 An applicant under this section shall prove completion of required continuing
education credits by submitting with the application the following information with respect to each program:
(a) The name and address of the sponsor of the program;
(b) The name of the program, its location, a description of the subject matter
covered, and the names of the instructors;
(c) The dates on which the applicant attended the program;
(d) The hours of credit claimed; and
(e) Verification by the sponsor of completion, by signature or stamp.
8206.8 If an applicant for renewal of a license fails to submit proof of having completed
continuing education requirements by the date the license expires, the applicant
shall not practice until his or her license has been renewed.
8206.9 An applicant for renewal of a license who fails to submit proof of having
completed continuing education requirements by the date the license expires may
renew the license up to sixty (60) days after the expiration by submitting proof
pursuant to § 8206.7 and paying the late fee.
8206.10 If an applicant for renewal of a license fails to submit proof of completion of
continuing education requirements or pay the late fee within sixty (60) days after
the expiration of the applicant’s license, the license shall be considered to have
lapsed and the applicant shall be required to apply for reinstatement pursuant to
section 512 of the Act (D.C. Official Code § 3-1205.12).
8206.11 The Board may, in its discretion, grant an extension of the sixty (60) day period to
renew after expiration if the applicant’s failure to submit proof of completion was
for good cause. As used in this section, “good cause” includes the following:
(a) Serious and protracted illness of the applicant; and
(b) The death or serious and protracted illness of a member of the
applicant’s immediate family.
8206.12 The Board may conduct an audit of licensees to determine compliance
with the continuing education requirements.
8207 APPROVED CONTINUING EDUCATION PROGRAMS AND
ACTIVITIES
8207.1 The Board may, in its discretion, approve continuing education programs and
activities that contribute to the growth of an applicant in professional competence
while practicing as a physical therapy assistant and which meet the other
requirements of this section.
8207.2 The Board may approve the following types of continuing education
programs, if the program meets the requirements of § 8207.3:
(a) An undergraduate or graduate course given at an accredited
college or university;
(b) A seminar or workshop;
(c) An education program given at a conference;
(d) In-service training (maximum ten (10) hours of credit);
(e) Home study courses; and
(f) Online courses.
8207.3 To qualify for approval by the Board, a continuing education program
shall:
(a) Be current in its subject matter;
(b) Be developed and taught by qualified individuals; and
(c) Meet one of the following requirements:
(1) Be administered or approved by a recognized national, state or
local physical therapy organization; health care organization;
accredited health care facility; or an accredited college or
university; or
(2) Be submitted by the program sponsors or the applicant to the
Board for review no less than sixty (60) days prior to the date of
the presentation and be approved by the Board.
8207.4 The Board may issue and update a list of approved continuing education
programs.
8207.5 An applicant shall have the burden of verifying whether a program is
approved by the Board pursuant to this section prior to attending the
program.
8207.6 The Board may approve the following continuing education activities by an
applicant:
(a) Service as an instructor or speaker at a conference, seminar, workshop, or
in-service training;
(b) Publication of an article in a professional journal or publication of a book
or a chapter in a book or publication of a book review in a professional
journal or bulletin; and
(c) Participation in research as a principal investigator or research assistant.
8208 CONTINUING EDUCATION CREDITS
8208.1 The Board may grant continuing education credit for whole hours only, with a
minimum of fifty (50) minutes constituting one (1) credit hour.
8208.2 For approved undergraduate or graduate courses, each semester hour of credit
shall constitute fifteen (15) hours of continuing education credit, and each quarter
hour of credit constitutes ten (10) hours of continuing education credit.
8208.3 The Board may grant a maximum of ten (10) continuing education credits per
year to an applicant who attends in-service education programs.
8208.4 The Board may grant an applicant who serves as an instructor or speaker at an
acceptable program for both preparation and presentation time, subject to the
restrictions set forth in §§ 8208.5 through 8208.8.
8208.5 The maximum amount of credit that may be granted for preparation
time is twice the amount of the associated presentation time.
8208.6 The maximum amount of credit that may be granted pursuant to § 8208.4 is fifty
percent (50%) of an applicant’s continuing education requirement.
8208.7 If an applicant has previously received credit in connection with a particular
presentation, the Board shall not grant credit for a subsequent presentation unless
it involves either a different subject or substantial additional research concerning
the same subject.
8208.8 The presentation shall have been completed during the period for which credit is
claimed.
8208.9 The Board may grant an applicant who is an author or editor of a published book
four (4) units or forty (40) hours of continuing education credit, if the book has
been published or accepted for publication during the period for which credit is
claimed and the applicant submits proof of this fact in the application.
8208.10 The Board may grant an applicant who is the sole author or co-author of a
published original paper, journal article or poster presentation, two (2) units or
twenty (20) hours of credit, subject to the same restrictions set forth for books in §
8208.9.
8208.11 The Board may grant an applicant who is the sole author of a published book
review, review paper, or abstract one (1) unit or ten (10) hours of continuing
education credit, subject to the same restrictions set forth for books in § 8208.9.
8209 LAWFUL PRACTICE
8209.1 A physical therapy assistant may perform physical therapy functions only in
accordance with this section.
8209.2 A physical therapy assistant may perform the following functions under the
direct supervision of a physical therapist:
(a) Use of therapeutic exercise, mechanical traction, therapeutic massage,
compression, heat, cold, ultraviolet, water, and electricity;
(b) Measurement and adjustment of crutches, canes, walkers, and
wheelchairs, and instruction in their use and care;
(c) Instruction, motivation, and assistance to patients and others in
improving pulmonary function, learning, and functional activities such as
pre-ambulation, transfer, ambulation and daily living activities, and the
use and care of orthoses, prostheses, and supportive devices;
(d) Modification of treatment procedures as indicated by patient response and
within the limits specified in the plan of care, and reported orally or in
writing to the physical therapist; and
(e) Participation in routine administrative procedures required for a physical
therapist service.
8209.3 A physical therapy assistant may not perform the following:
(a) Interpret referrals;
(b) Perform evaluation procedures;
(c) Initiate or adjust treatment programs; or
(d) Assume responsibility for planning patient care.
8209.4 A licensed physical therapist shall be fully responsible for any actions by a
physical therapy assistant performing physical therapy functions while under
the physical therapist’s supervision.
8209.5 A licensed physical therapist shall perform the final evaluation for a
patient who has been treated throughout the patient’s history by a physical
therapy assistant.
8209.6 A physical therapist shall provide direct supervision to no more than three (3)
physical therapy subordinates at any one time.
8209.7 A physical therapist shall ensure the qualifications of all physical therapy
assistants under his or her supervision.
8209.8 Before a patient is treated by a physical therapy assistant, a licensed physical therapist shall evaluate the patient and formulate initial and ongoing treatment goals and plans.
8209.9 Pursuant to § 8209.8, a licensed physical therapist shall reevaluate each patient
being treated by a physical therapy assistant by the seventh (7th) visit and every
seventh (7th) visit thereafter.
8209.10 Support personnel shall only perform routine assigned tasks under the direct
supervision of a licensed physical therapist or a licensed physical therapy
assistant, who shall only assign those tasks or activities that are nondiscretionary
and do not require the exercise of profession judgment.
8209.11 A physical therapy assistant shall comply with the standards of ethical and
professional conduct established by the recognized professional program which is
approved by the Board, as they may be amended or republished from time to time.
8299 DEFINITIONS
8299.1 As used in this chapter, the following terms shall have the meanings ascribed:
Applicant – a person applying for a license to practice as a physical
therapy assistant under this chapter.
Board – the Board of Physical Therapy, established by section 209 of the Act
(D.C. Official Code § 2-1202.09).
Continuing education unit – a unit of measurement representing ten (10) hours
of continuing education credit.
Direct supervision - the supervision in which a physical therapist is personally
present and immediately available within the treatment area to give aid, direction,
and instruction when physical therapy procedures or activities are performed.
Physical therapist – a person licensed to practice physical therapy under the Act.
Physical therapy assistant – a physical therapy assistant who is a person licensed to practice under the Act.
Practice of physical therapy – "Practice of physical therapy" means the
independent evaluation of human disability, injury, or disease by means of
noninvasive tests of neuromuscular functions and other standard procedures of
physical therapy, and the treatment of human disability, injury, or disease by
therapeutic procedures, embracing the specific scientific application of physical
measures to secure the functional rehabilitation of the human body. These
measures include the use of therapeutic exercise, therapeutic massage, heat or
cold, air, light, water, electricity, or sound for the purpose of correcting or
alleviating any physical or mental disability, or preventing the development of
any physical or mental disability, or the performance of noninvasive tests of neuromuscular functions as an aid to the detection or treatment of any human condition.
8299.2 The definitions in § 4099 of chapter 40 of this title are incorporated by reference
into and are applicable to this chapter.
The text of Chapter 82 of Title 17 of the District of Columbia Municipal Regulations is corrected in accordance with the intended text of the Rulemaking.
Any questions or comments regarding this notice shall be addressed by mail to Administrator, Office of Documents and Administrative Issuances, 441 4th Street, N.W., Suite 520 South, Washington, D.C. 20001, or via telephone at (202) 727-5090.
