691530 To clarify the continuing education requirements for physical therapists licensed in the District of Columbia.  

  • DEPARTMENT OF HEALTH

     

    NOTICE OF PROPOSED RULEMAKING

     

    The Director of the Department of Health, pursuant to the authority set forth in section 302(14) of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1203.02(14)), and Mayor’s Order 98-140, dated August 20, 1998, hereby gives notice of his intent to adopt the following amendments to Chapter 67 (Physical Therapy) of Title 17 (Businesses, Occupations, and Professions) of the District of Columbia Municipal Regulations (DCMR) in not less than thirty (30) days after the date of publication of this notice in the D.C. Register.   The purpose of these amendments is to clarify the continuing education requirements for physical therapists licensed in the District of Columbia.

     

    Section 6703 is amended as follows:

     

    Subsection 6703.2(c) and (d) is amended to read as follows:

     

    (c)        Undergone a credentials evaluation by a Board-approved evaluating body that has determined the candidate has met uniform criteria for educational requirements as further established by rule; and

     

    (d)       Passes the examination approved by the Board.

     

     

    Section 6706 is amended to read as follows:

     

    6706                CONTINUING EDUCATION REQUIREMENTS

     

    6706.1                          Subject to § 6706.2, this section shall apply to applicants for the renewal,

    reactivation, or reinstatement of a license for a term expiring on or after January

    31, 2013, and for subsequent terms.

     

    6706.2             This section shall not apply to applicants for the first renewal of a license.

     

    6706.3             A continuing education credit shall be valid only if it is approved by the Board in

    accordance with § 6707.

     

    6706.4             To qualify for a license, an applicant for renewal of a license shall:

     

    (a)                Have completed four (4) continuing education units or forty (40) credit hours of approved continuing education credit during the two (2) year period immediately preceding the date the license expires, which shall include not more than two (2) continuing education units or twenty (20) credit hours of approved continuing education credits earned through internet courses; and

     

    (b)               Attest to completion of the required continuing education units or credits on the renewal application form; and

     

    (c)                Be subject to a random audit.

     

    6706.5             A licensee who is selected to participate in the Board’s continuing

                            education audit shall, within thirty (30) days after receiving notice of the

                            selection, submit proof pursuant to § 6706.8 of having completed the required  

                            approved continuing education credits during the two (2)-year period immediately

                            preceding the date the license expires.

     

    6706.6                          To qualify for a license, a person in inactive status, within the meaning of § 511 of the Act (D.C. Official Code § 3-1205.11) for five (5) years or less who

    submits an application to reactivate a license shall submit proof pursuant to §  6706.7 of having completed the following within the two (2) year period preceding the date of the application for reactivation of that applicant’s license:

     

    (a)        Four (4) continuing education units or forty (40) credit hours of approved continuing education credits; and

     

    (b)         An additional two (2) continuing education units or twenty (20) credit

                hours of approved continuing education credit for each additional year that the applicant was in inactive status beginning with the third year; provided, that the maximum total number of units and credits required under paragraphs (a) and (b) of this subsection shall not exceed ten (10) continuing education units or one hundred (100) hours. 

     

    6706.7                          To qualify for a license, a person in inactive status, within the meaning of § 511 of the Act (D.C. Official Code § 3-1205.11) for more than five (5) years who

    submits an application to reactivate a license shall submit proof pursuant to § 6706.7  of having completed the following within the two (2) year period preceding the date of the application for reactivation of that applicant’s license:

     

    (a)        Four (4) continuing education units or forty (40) credit hours of approved continuing education credits;

     

    (b)        An additional two (2) continuing education units or twenty (20) credit

                hours of approved continuing education credit for each additional year that the applicant was in inactive status beginning with the third year provided, that the maximum total number of units and credits required under paragraphs (a) and (b) of this subsection shall not exceed ten (10) continuing education units or one hundred (100) hours; and

     

    (c)          Proof of achieving a rating of “Sufficiently Qualified” on the Federation of State Boards of Physical Therapy’s Practice Review Tool, or of successful completion of a Board-approved reentry course.

     

    6706.8                          To qualify for a license, an applicant for reinstatement of a license that has

    expired pursuant to § 512(b) of the Act (D.C. Official Code § 3-1205.12(b)) shall

    submit proof pursuant to § 6706.8 of having completed:

     

    (a)        Four (4) continuing education units or forty (40) credit hours of approved

                continuing education credits within the two (2) year period preceding the

                date of the application for reinstatement; and

     

    (b)        An additional two (2) continuing education units or twenty (20) credit

                hours of approved continuing education credit for each additional year that

                the license was expired beginning with the third year; provided, that the

                maximum total number of units and credits required under paragraphs (a)

                and (b) of this subsection shall not exceed ten (10) continuing education

                units or one hundred (100) hours.

     

    6706.9                          Except as provided in § 6706.9, an applicant under this section shall prove

                            completion of the required continuing education credits by submitting with the

    application the following information with respect to each program for which

    continuing education credit is claimed, and shall maintain for a period of at

    least five (5) years 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;

     

    (c)        The location of the program;

     

    (d)       A description of the subject matter covered in the program;

     

    (e)        The names of the program instructors;

     

    (f)        The dates on which the applicant attended the program;

     

    (g)        The hours of credit claimed; and

     

    (h)        Verification by the sponsor of completion, by signature or stamp.

     

    6706.10                      Applicants for renewal of a license shall only be required to prove completion

    of the required continuing education credits by submitting proof pursuant to §

    6706.8 if requested to do so as part of the random audit, or if otherwise requested

    to do so by the Board.

     

     

    6706.11                      An applicant for renewal of a license who fails to submit proof of having

    completed the continuing education requirements by the date the license expires    may renew the license up to thirty (30) days after the expiration by submitting this

     proof and paying the required additional late fee.

     

    6706.12                      Upon submission of proof and payment, the applicant shall be deemed to have

    possessed a valid license during the period between the expiration of the license

    and the submission of the proof and payment.

     

    6706.13                      If an applicant for renewal of a license fails to submit proof of completion of

    continuing education requirements or pay the late fee within thirty (30) days after

    the expiration of the applicant’s license, the license shall be considered to have

    lapsed on the date of expiration.

     

    6706.14                      The Board may, in its discretion, grant an extension of the thirty (30) day period

    to renew after expiration if the applicant’s failure to submit proof of completion was for good cause.  For the purposes of 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.

     

    6706.15                      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.

     

    Section 6707 is amended to read as follows:

     

    6707                                APPROVED CONTINUING EDUCATION PROGRAMS AND

    ACTIVITIES

     

    6707.1                          The Board may, in its discretion, approve continuing education programs and

    activities that contribute to the growth of an applicant in professional competence

    in the practice of physical therapy and which meet the other requirements of this

    section.

     

    6707.2                          The Board may approve the following types of continuing education programs, if

    the program meets the requirements of § 6707.3:

     

    (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;

     

    (e)        Home study courses;

     

    (f)        Real-time, interactive remote media courses; and

     

    (g)        Online courses, video courses, telecourses, videoconferences, and teleconferences offered by colleges or universities accredited by an agency

                recognized for that purpose by the United States Department of Education, or which is approved by the Board, in accordance with § 504(j) of the Act (D.C. Official Code § 3-1205.04(j)), or pre-approved by the American Physical Therapy Association (APTA) or the Board for two (2) or more credit hours.

     

    6707.3             Not more than one-half (1/2) of the total required number of Continuing                             Education Units (CEUs)CEUs may be accepted in any renewal period, or for                                 reinstatement or reactivation of a license, for approved online courses, video                                              courses, telecourses, videoconferences, and teleconference activities.

     

    6707.4             The limitation set forth in § 6707.3 shall not apply to the Federation of State

                            Boards of Physical Therapy’s Practice Review Tool or to Board-approved

                            courses which grant more than twenty (20) credit hours for a single course.

     

    6707.5             To qualify for approval by the Board, a continuing education program shall do the

    following:

     

    (a)        Be current in its subject matter;

     

    (b)        Be developed and taught by qualified individuals; and

     

    (c)        Meet one (1) of the following requirements:

     

    (1)        Be administered or approved by a recognized national, state, or

                local physical therapy organization, a health care organization, and

                accredited health care facility, or an accredited college or

                university; or

     

    (2)        Be submitted by the program sponsor or the applicant to the Board

                for review no less than sixty (60) days before the date of the

                presentation and be approved by the Board.

     

    6707.6             The Board has pre-approved for acceptance all physical therapy continuing

                            education seminars, workshops, or programs administered or approved by:

     

    (a)        The American Physical Therapy Association (APTA);

     

    (b)        The Federation of State Boards of Physical Therapy (FSBPT);

     

    (c)        The American Occupational Therapy Association, Inc.;

     

    (d)       A health care facility accredited by the Joint Commission;

     

    (e)        A college or university approved by an accrediting body recognized by the

                Council on Postsecondary Accreditation or the Secretary of the United States Department of Education; or

     

    (f)              Any of the following organizations if the training is substantially

                related to physical therapy services:

            

    (1)   The American Medical Association under Physician Category I; and

     

    (2)        The American Nurses Association.

     

    6707.7             The Board may issue and update a list of approved continuing education

    programs.

     

    6707.8             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.

     

    6707.9             The Board may approve the following continuing education activities by an

    applicant:

     

    (a)                Serving as an instructor or speaker at a conference, seminar, or workshop;

     

    (b)        In-service training;

     

    (c)        Publication of an article in a professional journal, publication of a book

                or a chapter in a book, or publication of a book review in a professional journal or bulletin; and

     

    (d)       Participating in research as a principal investigator or research assistant.

     

     

    All persons desiring to comment on the subject matter of this proposed rulemaking action shall submit written comments, no later than thirty (30) days after the date of publication of this notice in the D.C. Register, to Kenneth Campbell, General Counsel, the Department of Health, Office of the General Counsel, 825 North Capitol Street, N.E., 4th Floor, Washington, D.C. 20002.  Copies of the proposed rules may be obtained between the hours of 9:00 a.m. and 5:00 p.m. at the address listed above.