SUBCHAPTER 48G ‑ RETENTION OF LICENSE

 

 

SECTION .0100 ‑ LICENSURE RENEWAL

 

 

21 NCAC 48G .0101          RENEWAL TIME

21 NCAC 48G .0102          RENEWAL APPLICATION

 

History Note:        Authority G.S. 90‑270.26; 90‑270.32;

P.L. 93‑641;

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. October 28, 1979;

Repealed Eff. December 30, 1985.

 

 

21 NCAC 48G .0103          RENEWAL FEE

All

applications for renewal must be accompanied by the payment of the current

renewal fee.

 

History Note:        Authority G.S. 90‑270.26; 90‑270.32;

90‑270.33;

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. April 1, 1989; January 1, 1979.

 

 

 

21 NCAC 48G .0104          RENEWAL

(a)  If on active duty, and to whom G.S. 105-249.2 grants an

extension of time to file a tax return, a member of the United States Armed

Services is exempt from compliance with renewal requirements.

(b)  The Board shall make available to each licensee having

an active license, a renewal certificate bearing the current name of the

licensee, license number and a January 31 expiration date.

 

History Note:        Authority G.S. 90-270.26; 90-270.32;

93B-15; 105-249.2;

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. July 1, 2013; May 1, 1988; December 30,

1985; October 28, 1979.

 

21 NCAC 48G .0105          DEFINITIONS

As used in this Subchapter, the following definitions apply:

(1)           "Approved provider" means an entity that has

been approved by the Board to provide continuing competence activities for

licensees as provided in the rules in this Section.

(2)           "Clinical Practice" means physical

therapy consultation or patient care or client management or the supervision

thereof.

(3)           "Contact Hour" means at least 50

consecutive minutes of engagement in a continuing competence activity. Two

segments of at least 25 consecutive minutes each is equivalent to one contact

hour. Breaks and meals are not included in contact hours.

(4)           "Continuing Competence" means the

licensee's ongoing activities to augment knowledge, skills, behaviors, and

abilities related to the practice of physical therapy.

(5)           "Continuing Education" means courses of

study designed to provide learning experiences for physical therapy licensees.

(6)           "Documentation" means evidence of

completion of continuing competence activities.

(7)           "Jurisprudence Exercise" is an online set

of questions concerning the Physical Therapy Practice Act, Board rules and

Position Statements posted on the Board's website at http://www.ncptboard.org.

(8)           "Licensee" means a physical therapist or

physical therapist assistant licensed in North Carolina.

(9)           "Peer-reviewed" means judged by an

independent panel of experts having special knowledge or skills in a particular

field of study.

(10)         "Point" means a unit of continuing

competence.

(11)         "Registered" means enrollment in a continuing

competence activity.

(12)         "Reporting period" means a 25 month period

commencing on January 1 during which the licensee must complete all continuing

competence requirements.  Points earned by a licensee may be counted toward

completion during one reporting period only.

 

History Note:        Authority G.S. 90-270.26(3a);

Eff. January 1, 2009;

Amended Eff. January 1, 2014.

 

21 NCAC 48G .0106          Continuing Competence Requirement

(a)  For individuals licensed prior to January 1, 2009,

during each reporting period thereafter, each physical therapist must accumulate

30 points, and each physical therapist assistant must accumulate 20 points of

continuing competence activities to be eligible for license renewal.

(b)  For individuals whose date of initial licensure is

after January 1, 2009, commencing on January 1 following the date of initial

licensure, each physical therapist must accumulate 30 points and each physical

therapist assistant must accumulate 20 points of continuing competence activities

during the reporting period to be eligible for license renewal.

(c)  Up to 10 extra points earned during one reporting

period may be carried over to the next reporting period, except that points

earned for the Jurisprudence Exercise, Clinical Practice and Self-Assessment

categories may not be carried forward.

 

History Note:        Authority G.S. 90-270.26(3a);

Eff. January 1, 2009;

Amended Eff. January 1, 2014.

 

21 NCAC 48G .0107          STANDARDS FOR CONTINUING COMPETENCE

ACTIVITIES

The Board shall approve continuing competence activities

which meet the following standards and provisions:

(1)           They have intellectual or practical content based

on best available scientific evidence and the primary objective is to increase

the participant's professional competence and proficiency as a licensee;

(2)           They constitute learning experiences dealing with

matters directly related to the practice of physical therapy or patient

welfare;

(3)           Live instruction, mechanically or electronically

recorded, reproduced or transmitted material, other electronic media, or a

computer website accessed via the Internet are used;

(4)           Continuing competence materials are prepared, and

activities conducted, by an individual or group qualified by practical or

academic experience in a setting physically suitable to the educational

activity of the program or clinical experience and, when appropriate, equipped

with suitable writing surfaces or sufficient space for taking notes;

(5)           Written materials are distributed to all attendees

at or before the time a course is presented.  These may include scientific

materials based on written references printed from a computer presentation,

computer website, or other electronic media.  A written agenda, objectives or

outline for a presentation satisfies this requirement when written reference

materials are not suitable or readily available for a particular subject; 

(6)           The provider remits costs as required by Rule .0112

of this Subchapter and keeps and maintains attendance records of each

continuing competence experience sponsored by it in North Carolina; and

(7)           For activities that are directed to more than one

discipline, or are directed primarily to another health care discipline, the

Board is satisfied that the content of the activity would enhance physical

therapy skills or aid in the practice of physical therapy.

 

History Note:        Authority G.S. 90-270.26(3a);

Eff. January 1, 2009.

 

21 NCAC 48G .0108          APPROVAL of Providers and Activities

(a)  The Board shall approve a provider if it is satisfied

that the provider's programs have met the standards set forth in Rule .0107 of

this Section.

(b)  Once a provider is approved, the continuing competence

activities offered by that organization are approved for credit and no

application must be made to the Board for approval.

(c)  The following organizations are approved providers:

(1)           Any agency or board responsible for

licensing individuals to practice physical therapy in the United States or Canada;

(2)           The American Physical Therapy Association

(APTA), including any Sections, credentialed residencies and fellowships and

its accrediting subsidiary;

(3)           State Chapters of APTA;

(4)           The Federation of State Boards of Physical

Therapy (FSBPT), and any accrediting subsidiary;

(5)           The International Association for

Continuing Education and Training (IACET);

(6)           Any providers approved or accredited by the

agencies or organizations listed in Subparagraphs (1) through (5) of this

Paragraph;

(7)           Physical therapist and physical therapist

assistant programs approved by an agency recognized by either the U.S.

Department of Education or the Council on Postsecondary Accreditation; and

(8)           The North Carolina Department of Public

Instruction, North Carolina Division of Public Health and North Carolina Area

Health Education Centers with regard to activities directly related to physical

therapy.

(d)  The Board may at any time revoke the approval of a

provider for failure to satisfy the requirements of Rule .0107 of this Section.

The Board may evaluate an activity presented by an approved provider and, upon

a determination that the activity does not satisfy the requirements of Rule

.0107 of this Section, notify the approved provider that any presentation of

the same activity is not approved for credit.  The notice shall be sent by the

Board to the approved provider within 30 days after receipt of the notification. 

The approved provider may request reconsideration of the decision by submitting

a letter of appeal to the Board's Executive Director within 15 days of receipt

of the notice of disapproval.

(e)  Any organization not approved as a provider that

desires approval of a course or activity to be offered in North Carolina shall

apply to the Board at least 60 days prior to the date the activity is

scheduled. The application shall include the name and address of the activity

provider, the date, location and schedule for the activity, a description of

the qualifications of the presenters and the content of the activity, including

written materials. An activity shall be deemed approved if notice of denial is

not furnished to the organization within 30 days of the scheduled activity. An

applicant denied approval of a program may request reconsideration of the

decision by submitting a letter of appeal to the Board's Executive Director

within 15 days of receipt of the notice of disapproval.

(f)  A licensee desiring approval of a course or activity

that has not otherwise been approved shall apply to the Board at least 30 days

prior to the date the activity is scheduled.  The licensee shall furnish the

name and address of the activity provider, the date, location and schedule of

the activity and a description of the qualifications of the presenters and the

content of the activity, including written materials.  An activity shall be

deemed approved if notice of denial is not furnished to the licensee within 10

days of the scheduled activity.  An applicant denied approval of a program may

request reconsideration of the decision by submitting a letter of appeal to the

Board's Executive Director within 15 days of receipt of the notice of

disapproval.

(g)  For continuing competence activities offered for credit

in this State, the providers shall furnish to the Board the activity code

number assigned by the Board and a list of all licensees completing the

activity, including full name and license number, within 90 days of the

completion of the approved activity.

 

History Note:        Authority G.S. 90-270.26(3a);

Eff. January 1, 2009;

Amended Eff. January 1, 2014.

 

21 NCAC 48G .0109          CONTINUING COMPETENCE ACTIVITIES

(a)  Continuing Education activities are eligible for points

as follows:

(1)           A registered attendee at courses or

conferences offered live in real time by approved providers earns one point for

each contact hour. The maximum number of points allowed during any reporting

period shall be 29. The maximum number of points allowed during any reporting

period for an interactive course offered through electronic media shall be 15. 

Credit shall not be given for the same course or conference more than once

during any reporting period. The licensee shall submit the Certificate of

Attendance issued by the approved provider.

(2)           For registered participation in an academic

course related to physical therapy offered for credit in a post-baccalaureate

program unless the course is required for licensure, one semester hour earns 15

points, and the maximum number of points allowed during any reporting period

shall be 29.  The licensee shall obtain a letter grade of "C" or

better, or "P" if offered on a pass/fail basis.  Credit shall not be

given for the same course more than one time. The licensee shall submit a

transcript published by the approved provider or furnished by the academic

institution.

(3)           For attendance or participation in an

activity related to physical therapy for which no assessment is received, two

contact hours earns one point. The maximum number of points allowed during any

reporting period shall be five. Credit shall not be given for the same activity

more than one time. The licensee shall submit a certificate of completion, or

if that is not available, a summary of the objectives of the activity and the time

spent in the activity.

(4)           For registered participation in a

non-interactive course offered by an approved provider by videotape, satellite

transmission, webcast, DVD, or other electronic media, one hour of

participation earns one point. The maximum number of points allowed during any

reporting period shall be 10. Credit shall not be given for the same course

more than once during a reporting period. The licensee shall submit a

certificate of completion provided by the course provider.

(5)           For participation in a study group

consisting of at least three licensees conducted either live or in real time

through electronic media, whose purpose is to advance the knowledge and skills

of the participants related to the practice of physical therapy, two hours of

participation in the study group earns one point. The maximum number of points

allowed during any reporting period shall be 10. The licensee shall submit a

biography of each participant, a statement of the goals of the study group,

attendance records for each participant, assignments for each participant and

an analysis by each participant specifying the knowledge and skills enhanced by

participating in the study group.

(6)           For participation in a self-designed home

study program for the purpose of advancing the knowledge and skill of the

participant related to the practice of physical therapy, three hours of home

study earns one point. The maximum number of points allowed for home study

during any reporting period shall be five. The licensee shall submit a

description of the plans and objectives of the me study, an analysis of the

manner in which the plans and objectives were met, and a certification of the

time spent on the project.

(7)           For participation in continuing education

required by credentialed residencies and fellowships, one point shall be

granted for each contact hour. The maximum number of points for each reporting

period shall be 29. The licensee shall submit the certificate of attendance

issued by the American Physical Therapy Association ("APTA")

credentialed residency or fellowship.

(8)           For completion of a home study physical

therapy program furnished by an approved provider, one hour of home study earns

one point. The maximum number of points during any one reporting period allowed

shall be 10. The licensee shall submit a certificate of completion issued by

the approved provider.

(b)  Points are awarded for advanced training as follows:

(1)           For fellowships conferred by organizations

credentialed by the APTA in a specialty area of the practice of physical

therapy, 10 points shall be awarded for each full year of clinical

participation, up to a maximum of 20 points per reporting period for this

activity.  The licensee shall submit the certificate conferred on the licensee

or evidence that all requirements of the fellowship program have been met.  

(2)           For completion of a residency program in

physical therapy offered by an APTA credentialed organization, 10 points shall

be awarded for each full year of clinical participation, up to a maximum of 20

points per reporting period for this activity.    The licensee shall submit the

certificate conferred on the licensee or evidence that all requirements of the

residency program have been met.

(3)           For specialty certification or specialty

recertification by the American Board of Physical Therapy Specialization

("ABPTS"), 20 points shall be awarded upon receipt of such

certification or recertification during any reporting period. The licensee

shall submit evidence from ABPTS that the certification or recertification has

been granted.

(4)           For a physical therapist assistant,

Advanced Proficiency designation by the APTA for the PTA earns 19 points per

reporting period.  The licensee shall submit evidence from APTA that the

designation has been awarded.

(c)  Achieving a passing score on the Federation's Practice

Review Tool ("PRT") earns 10 points. Taking the PRT without achieving

a passing score earns five points. The licensee shall submit the certificate of

completion and performance report. Points shall be awarded only one time for

any specific practice area.

(d)  Clinical Education activities are eligible for points

as follows:

(1)           For completion of a course offered by an

approved provider for a licensee to become a Credentialed Clinical Instructor

recognized by APTA, one course hour earns one point, and the maximum number of

points awarded during any reporting period shall be 29. The licensee shall

submit a credential certificate issued by the approved provider. Credit for

completing the same course shall be given only once.

(2)           For enrollment in a course offered by APTA

for a licensee to become a Credentialed Clinical Instructor Trainer, one course

hour earns one point, and the maximum number of points awarded during any

reporting period shall be 29. The licensee shall submit a Trainer certificate

issued by APTA. Credit for completing the same course shall be given only once.



(3)           For serving as a Clinical Instructor for a

physical therapist or physical therapist assistant student, resident, or fellow

for a period of at least 80 hours, 40 hours of direct on-site supervision earns

one point, and the maximum number of points awarded during any reporting period

shall be eight.  The licensee shall submit verification of the clinical

affiliation agreement with the accredited educational program for the student

supervised and a log showing the number of hours spent supervising the student.



(e)  Presenting or teaching for an accredited physical

therapy educational program; a transitional Doctor of Physical Therapy

("DPT") program; an accredited program for health care practitioners

licensed under the provisions of Chapter 90 of the North Carolina General

Statutes; or a state, national, or international workshop, seminar or

professional health care conference earns two points for each hour of

presentation or teaching. The licensee shall submit written materials

advertising the presentation or teaching, or other evidence of the date,

subject, goals and objectives of the presentation, and any written materials

prepared by the licensee. A maximum of six points shall be allowed during any

reporting period, and credit shall not be given for teaching or presenting the

same subject matter more than one time during any reporting period.

(f)  Research and published books or articles shall be

eligible to accumulate up to a maximum of 15 points as follows:

(1)           Submission of a request to a funding agency

for a research grant as a Principal or Co-Principal Investigator earns 10

points. The licensee shall submit a copy of the research grant that shall

include the title, an abstract, the funding agency, and the grant period.

Points shall be awarded only one time during any reporting period.

(2)           Having a research grant funded as a

Principal Investigator or Co-Principal Investigator earns 10 points. The

licensee shall submit a copy of the research grant that shall include the

title, an abstract, the funding agency, the grant period and documentation of

the funding received in a given period. Points shall be awarded only one time during

a reporting period.

(3)           Service as a Grants Reviewer earns one

point for each two hours of grant review and a maximum of five points shall be

allowed.  The licensee shall submit a description of all grants reviewed and

any reports generated in connection with the reviews, including the dates of

service, the agency for whom the review was performed, and the hours spent on

the grant review. Points shall be awarded only once for each grant reviewed

during the reporting period.

(4)           The author or editor of a book published by

a third party entity dealing with a subject related to the practice of physical

therapy earns 10 points. The licensee shall submit a copy of the published book

and a list of consulted resources. Points shall be awarded only one time during

any reporting period.

(5)           The author or editor of a chapter in a book

published by a third party entity dealing with a subject related to the

practice of physical therapy earns five points. The licensee shall submit a

copy of the published book and a list of consulted resources. Points shall be

awarded only one time during any reporting period.

(6)           The author of a published peer-reviewed

article relating to the practice of physical therapy earns 10 points. The

licensee shall submit the article, names and employers of the reviewers, and a

list of consulted resources. Points shall be awarded only one time during any

reporting period.     

(7)           The author of a published non peer-reviewed

article or book-review or abstract relating to the practice of physical therapy

earns four points. The licensee shall submit the article and a list of

consulted resources. Each article, book-review, or abstract shall count one

time only. A maximum of four points shall be awarded during any reporting

period.

(8)           The author of a published peer-reviewed

abstract, book review, or peer-reviewed abstract for a poster or presentation

related to the practice of physical therapy to a professional health care group

earns five points for a presentation, up to a maximum of 15 points during any

reporting period, and credit for the same poster or presentation shall not be

awarded more than one time. The licensee shall submit a copy of the poster or

presentation and a list of consulted resources.

(g)  Clinical practice shall be eligible for points as

follows:

(1)           For each year during the reporting period

that a licensee is engaged in clinical practice for 1,750 hours or more, three

points shall be awarded. The licensee shall submit certification from the

employer(s) for whom the services were performed including year and hours

worked or document practice hours as the owner of a practice.

(2)           For each year during the reporting period

that a licensee is engaged in clinical practice for at least 1,000 hours but

less than 1,750 hours, two points shall be awarded. The licensee shall submit a

certification from the employer(s) for whom the services were performed

including year and hours worked or document practice hours as the owner of a

practice.

(3)           For each year during the reporting period

that a licensee is engaged in clinical practice for at least 200 hours but less

than 1,000 hours, one point shall be awarded. The licensee shall submit a

certification from the employer(s) for whom the services were performed including

year and hours worked or document practice hours as the owner of a practice.

(h)  Professional Self-Assessment earns five points for

completion of an approved Reflective Practice Exercise. This exercise shall be

approved if it is a process for a licensee to evaluate current professional

practice abilities, to establish goals to improve those abilities, to develop a

plan to meet those goals, and to document that the objectives are being

accomplished. The licensee shall submit evidence of completion of all elements

of the Reflective Practice Exercise. Points shall be awarded only one time

during any reporting period.

(i)  Workplace Education shall be eligible for points as

follows:

(1)           Presentation or attendance at an in-service

session related to the practice of physical therapy, including health care

issues related to the practice of physical therapy, shall be allowed. The

licensee shall submit a roster or certificate of attendance signed by a

representative of the employer. Two hours of attendance earns one point. One

hour of presentation earns one point. A maximum of five points may be earned

during any one reporting period. Credit for the same in-service shall not be

granted more than one time.

(2)           Presentation or attendance at an in-service

session devoted to general patient safety, emergency procedures, or

governmental regulatory requirements shall be allowed. The licensee shall

submit a roster or certificate of attendance signed by a representative of the

employer. Two contact hours of in-service are equivalent to one point, which

shall be the maximum credit granted during any reporting period. Credit for the

same in-service shall not be granted more than one time during any reporting

period.

(j)  Professional Service shall be eligible for points as

follows:

(1)           Participation in a national physical

therapy or interdisciplinary (including physical therapy) organization as an

officer or chair of a physical therapy services committee, physical therapy

services task force member, or delegate to a national assembly earns five

points for each full year of participation, up to a maximum of 10 points during

any reporting period. The licensee shall submit organizational materials

listing the licensee's participation, a statement of the responsibilities of

the position, and a summary of the activities of the licensee.

(2)           Participation in a state physical therapy

or interdisciplinary (including physical therapy) organization as an officer or

chair of a physical therapy services committee earns four points for each full

year of participation, up to a maximum of eight points during any reporting

period. The licensee shall submit organizational materials listing the

licensee's participation, a statement of the responsibilities of the position, and

a summary of the activities of the licensee.

(3)           Participation in a local or regional

physical therapy or interdisciplinary (including physical therapy) organization

as an officer or chair of a physical therapy service committee earns two points

for each full year of participation, up to a maximum of four points during any

reporting period. The licensee shall submit organizational materials listing

the licensee's participation, a statement of the responsibilities of the

position, and a summary of the activities of the licensee.

(4)           Participation as a member of a physical

therapy professional organization committee involved with physical therapy

services earns one point for each full year of participation, up to a maximum

of two points during any reporting period. The licensee shall submit

organizational materials listing the licensee's participation, a statement of

the responsibilities of the committee, and a summary of the work of the

committee.

(5)           Participation in unpaid volunteer service

to the general public and healthcare professionals related to physical therapy

earns one point for at least 20 hours spent on service activities during each

year, up to a maximum of two points during any reporting period. The licensee

shall submit published materials describing the service activity.

(6)           Membership in the APTA for one year earns

one point. A point may be earned for each year of membership during the

reporting period.  The licensee shall submit proof of membership in the APTA. 

(7)           Membership in an APTA Section for one year

earns one-half point. The licensee shall submit proof of membership in the APTA

Section. Points shall not be awarded for membership in more than one Section.

(8)           Selection by the Federation for

participation as an item writer of exam questions for the National Physical

Therapy Examination (NPTE) or by the American Board of Physical Therapy

Specialties (ABPTS) earns five points for each year of participation. The

licensee shall submit documentation of participation by the Federation or

ABPTS.

(9)           Participation in clinical research,

clinical trials, or research projects related to the practice of physical

therapy earns 1 point for each hour of participation, up to a maximum of 10

hours per reporting period. The licensee shall submit a log of hours of

participation including date, activity performed, location of the research, and

primary investigator.

(k)  During each reporting period, every licensee shall

complete a jurisprudence exercise provided by the Board. The jurisprudence

exercise shall be available online at the Board's website, at

http://www.ncptboard.org and a certificate of completion shall be issued to a

licensee at the conclusion of the exercise, at which time one point shall be

awarded to the licensee. The maximum number of points allowed during a reporting

period is three.

 

History Note:        Authority G.S. 90-270.26;

Eff. January 1, 2009;

Amended Eff. April 1, 2015; February 1, 2015; January 1,

2014.

 

21 NCAC 48G .0110          EVIDENCE OF COMPLIANCE

(a)  Each licensee shall submit a completed Continuing

Competence Reporting Form with an application for license renewal.  The form shall

be found on the Board's website at http://www.ncptboard.org.

(b)  Licensees shall retain evidence of compliance with

continuing competence requirements for a period of four years following the end

of the reporting period for which credit is sought for an activity.

(c)  Documentary evidence for continuing education

activities shall include the following for each activity:

(1)           name of approved provider;

(2)           name of accrediting organization;

(3)           title;

(4)           date;

(5)           hours for presentation; and

(6)           record of attendance or participation by

provider.

(d)  The Board shall conduct random audits to ensure

continuing competence compliance. Within 30 days from receipt of an Audit

Notice from the Board, the licensee shall furnish the Board with the documentary

evidence required by Rule .0109 of this Section showing completion of

the points required for the audited reporting period.

(e)  Requests for extensions of time for up to an additional

30 days to respond to the Audit Notice shall be submitted to and granted by the

Board's Executive Director. For circumstances beyond the control of the

licensee related to physical or medical hardship sustained by the applicant or

his or her immediate family, the Board shall grant an additional period of time

to respond to the Audit Notice.

(f)  If the results of the audit show a licensee has not

completed the required points, and the number of additional points needed by

the licensee is 10 or fewer, the licensee shall complete the remaining points

within 90 days from the date the Board notifies the licensee by electronic

communication or U.S. Postal Service mail of the deficiency.  For circumstances

beyond the control of the licensee or for personal hardship, the Board shall

grant an additional period of time to respond to the Audit Notice.

(g)  Failure to respond to the Board's Audit Notice in a

timely fashion, or failure to provide the necessary documentary evidence of

compliance pursuant to this Rule shall subject the licensee to disciplinary

action pursuant to 21 NCAC 48G .0601(a)(10).

 

History Note:        Authority G.S. 90-270.26(3a);

Eff. January 1, 2009;

Amended Eff. February 1, 2015; January 1, 2014.

 

21 NCAC 48G .0111          EXEMPTIONS

(a)  To qualify for an exemption from the rules in this

Subchapter, a licensee must furnish the applicable information required on the

Continuing Competence Compliance Form.

(b)  A member of the United States Armed Services is exempt

pursuant to Rule. 0104 of this Section from compliance if on active duty for

such period of time as G.S. 105-249.2 would grant an extension to file a tax

return. The reporting period shall commence on January 1 following the

licensee’s discharge from active duty.

(c)  The Board shall grant an exemption from completing

applicable continuing competence requirements to any licensee who becomes

disabled or sustains a personal hardship that makes completion of continuing

competence requirements impractical.  The exemption may last for a period not

to exceed two years, which shall be granted to the applicant based upon the

applicant's documented treatment of care.

(d)  In cases of personal or family hardships, including

medical issues or deployment, the Board shall allow the licensee up to an

additional one year to complete the applicable continuing competence

requirements.

(e)  Upon written application to the Board, any licensee who

is 65 years of age or older and is not engaged in practice or patient treatment

shall be granted an exemption from completing continuing competence

requirements.

(f)  Other requests for partial exemptions for hardships or

circumstances beyond the control of the licensee shall be granted by the Board

upon written application of the licensee.

(g)  A licensee seeking an exemption pursuant to this Rule

shall provide written documentation to the Board to support the exemption.

 

History Note:        Authority G.S. 90-270.26(3a); 93B-15;

Eff. January 1, 2009;

Amended Eff. January 1, 2014.

 

21 NCAC 48G .0112          COSTS

(a)  The Board shall not assess a fee for approval of

continuing competence activities offered by approved providers.

(b)  The Board shall charge one hundred fifty dollars

($150.00) per activity to a non-approved provider seeking approval of a

continuing competence activity offered to licensees in this State.

(c)  The Board shall charge twenty-five dollars ($25.00) to

a licensee seeking approval of a continuing competence activity that is not

offered by an approved provider.

 

History Note:        Authority G.S. 90-270.26(7);

Eff. March 3, 2009;

Amended Eff. January 1, 2014.

 

SECTION .0200 ‑ LAPSED LICENSES

 

 

21 NCAC 48G .0201          DATE LICENSE LAPSES

A

license automatically lapses on February 1 of any year in which the renewal fee

is not paid.

 

History Note:        Authority G.S. 90‑270.32;

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. October 28, 1979.

 

 

 

21 NCAC 48G .0202          NOTIFICATION

A person who has not renewed the license by February 1 shall

be advised that the license has lapsed by written communication to the last

known mailing address on record with the Board.  Unless the person has advised

the Board that he or she does not intend to renew the license, then a similar

notification shall be sent to the person's last known employer in North

Carolina.  If the person continues to work in North Carolina, his or her

employer shall be notified of the lapsed license.

 

History Note:        Authority G.S. 90‑270.26; 90‑270.32;

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. August 1, 2002; August 1, 1998; April 1,

1989; December 30, 1985; October 28, 1979.

 

21 NCAC 48G .0203          REVIVAL OF LAPSED LICENSE

(a)  A license that has been lapsed less than one year may

be revived by payment of the revival of lapsed license fee and the current year's

renewal fee and by completion of the revival form.

(b)  A license that has lapsed more than one year but less

than five years may be revived by completion of the revival form, and:

(1)           completing 30 units (if reviving a physical

therapist license) or 20 units (if reviving a physical therapist assistant

license) of continuing competence as provided in the rules in this Subchapter;

(2)           payment of the revival of lapsed license

fee; and

(3)           payment of the current year's renewal fee.

(c)  A license that has lapsed more than five years may be

revived by completion of the application forms; and

(1)           passing the "PT exam" (if trained

as a physical therapist) or the "PTA exam" (if trained as a physical

therapist assistant);

(2)           compiling at least 500 hours within the

period of one year in the following manner: between 50 and 200 class hours of

course work (ie, refresher course, continuing education, pertinent college

courses) approved by the Board as designed to demonstrate proficiency in

current physical therapy theory and practice, and the remaining hours working

as an aide under the supervision of a licensed physical therapist; or

(3)           endorsement of a current license in another

state as provided by 21 NCAC 48B .0102.

 

History Note:        Authority G.S. 90-270.26; 90-270.32;

90-270.33;

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. January 1, 2009; August 1, 1998; August 1,

1991; October 1, 1989; April 1, 1989; May 1, 1988.

 

21 ncac 48g .0204          RESTRICTED LICENSE

An individual reinstating a lapsed license shall

successfully demonstrate to the Board competency in the practice of physical

therapy or shall serve an internship under a restricted license.  A

"restricted license" is one on which the Board places restrictions or

conditions, or both, for up to six months as to scope of practice, place of

practice, supervision of practice, duration of license status, or type or

condition of patient or client to whom the licensee may provide service.

 

History Note:        Authority G.S. 90-270.26; 90-270.32;

Eff. August 1, 2002.

 

SECTION .0300 ‑ REFUSAL TO RENEW OR GRANT LICENSE:

SUSPENSION               OR REVOCATION

 

 

 

21 NCAC 48G .0301          GROUNDS FOR REFUSAL OF LICENSE

21 NCAC 48G .0302          PROCEDURE FOR SUSPENSION OR REVOCATION

21 NCAC 48G .0303          NOTICE TO LICENSEE

21 NCAC 48G .0304          OPPORTUNITY FOR HEARING

 

History Note:        Authority G.S. 90‑270.26; 90‑270.35;

150A‑3; 150A‑23(a),(b),(c);

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. October 28, 1979;

Repealed Eff. December 30, 1985.

 

 

 

21 NCAC 48G .0305          FINES

 

History Note:        Authority G.S. 90‑270.26; 90‑270.35;

90‑270.36;

Eff. October 28, 1979;

Repealed Eff. March 15, 1980.

 

 

 

21 NCAC 48G .0306          CONDITIONS ON RENEWAL

(a)  The Board may refuse to renew the license of an

individual who has been denied licensure in another jurisdiction for engaging

in conduct that would also violate the North Carolina Physical Therapy Practice

Act.

(b)  The Board may impose restrictions as to scope of

practice, place of practice, supervision of practice or type or condition of

patient or client to whom the licensee may provide services when another

jurisdiction has placed the same restrictions on an individual renewing a

license for conduct that would also violate the North Carolina Physical Therapy

Practice Act.

 

History Note:        Authority G.S. 90‑270.26;

90-270.35; 90‑270.36;

Eff. December 1, 2006.

 

SECTION .0400 ‑ PROBATION OR WARNING

 

21 ncac 48g .0401          GROUNDS FOR PROBATION

The Board may place any licensee on probation for a period

of time not greater than three years for engaging in conduct prohibited by G.S.

90‑270.35 or G.S. 90‑270.36 or 21 NCAC 48 when the Board determines

that such conduct does not warrant revocation or suspension of a license.

 

History Note:        Authority G.S. 90‑270.26; 90‑270.35;

90‑270.36;

Eff. October 28, 1979;

Amended Eff. August 1, 2002; December 30, 1985.

 

21 NCAC 48G .0402          GROUNDS FOR WARNING

The Board may issue a warning to any licensee who engages in

conduct that might lead to the revocation or suspension of a license for the

commission of acts prohibited by G.S. 90‑270.35 or G.S. 90-270.36 or 21

NCAC 48.

 

History Note:        Authority G.S. 90‑270.26; 90‑270.35;

90‑270.36;

Eff. October 28, 1979;

Amended Eff. August 1, 2002; August 1, 1998.

 

21 NCAC 48G .0403          CONDITIONS FOR PROBATION OR WARNING

The Board may require any licensee placed on probation and

any licensee to whom a warning is issued to furnish the Board with a certified

statement that the licensee will not engage in conduct prohibited by G.S. 90‑270.35

or G.S. 90‑270.36 or 21 NCAC 48.

 

History Note:        Authority G.S. 90‑270.26; 90‑270.35;

90‑270.36;

Eff. October 28, 1979;

Amended Eff. August 1, 2002; August 1, 1998.

 

21 NCAC 48G .0404          NOTIFICATION AND HEARING

Any licensee subject to being placed on probation or

receiving a warning shall be notified by the Board of the alleged acts or

conduct warranting the intended action.  Upon request of the licensee, the

licensee shall be granted an informal meeting with the Board to show why the

licensee should not be placed on probation or receive a warning. Provided,

however, nothing herein shall limit a licensee's right to request a contested

case hearing.

 

History Note:        Authority G.S. 90-270.26; 90-270.35; 90-270.36;

Eff. October 28, 1979;

Amended Eff. July 1, 2013; August 1, 1998; May 1, 1989.

 

21 ncac 48g .0405          GROUNDS FOR REPRIMAND

 

History Note:        Authority G.S. 90-270.26; 90-270.35;

90-270.36;

Eff. December 30, 1985;

Amended Eff. August 1, 2002;

Repealed Eff. July 1, 2013.

 

SECTION .0500 - CONTESTED CASE HEARINGS

 

 

21 NCAC 48G .0501          RIGHT TO HEARING

When the Board acts or proposes to act, other than in

rulemaking or declaratory ruling proceedings, in a manner which will affect the

rights, duties, or privileges of a specific, identifiable person, such person

has the right to a contested case hearing.  When the Board proposes to act in

such a manner, it shall give any such affected person notice of right to a

hearing personally or by mailing by certified mail to the last address provided

to the Board a notice of the proposed action and a notice of a right to a

hearing.

 

History Note:        Authority G.S. 90-270.26; 150B-38;

Eff. October 1, 1995.

 

 

 

21 NCAC 48G .0502          REQUEST FOR HEARING

(a)  When a person believes that his or her rights, duties,

or privileges have been substantially affected by the Board's action without

notice of a right to a contested case hearing being provided, that person may file

with the Board a formal request for a hearing.

(b)  Any person substantially affected or aggrieved by the

Board's action or proposed action must file a request for a contested case

hearing in the Board's office so that it is received by the Board within 30

days of the date such person receives notice of the Board's action or proposed

action.  For purposes of this Rule, "notice" is given by the Board

and received by the person:

(1)           for an action taken or proposed to be taken

by the entire Board, on the date notice of such action is personally delivered

to or is mailed by the Board to the person at the last address provided to the

Board;

(2)           for an action proposed by a committee of

the Board, including a probable cause or investigatory committee, from the date

the proposed resolution, proposal for settlement, or other proposed action is

personally delivered to or is mailed to the person at the last known address

provided to the Board.  Provided, however, that if within 15 days of receipt of

such notice the person proposes in writing to continue informal negotiations to

settle the matters at issue, the Board or its committee handling such matter

may, in its discretion, agree to toll the running of the 30 day period or

extend the 30 day period on such terms as the Board deems appropriate;

(3)           for any person substantially affected by a

decision of the Board concerning licensure, including an approval or rejection

of an application form for licensure, or the failure to renew or reinstate a

license, from the date notice of such decision is personally delivered to or is

mailed to the person at the last address provided to the Board.

(c)  To request a contested case hearing, the person shall

submit a request bearing the following notations to the Board's office:  REQUEST

FOR CONTESTED CASE HEARING.  The request shall contain the following

information:

(1)           name and address of the petitioner,

(2)           a concise statement of the action taken by

the Board which is challenged,

(3)           a concise statement of the way in which the

petitioner has been aggrieved, and

(4)           a clear and specific statement of request

for a hearing.

(d)  The request will be acknowledged promptly and, if

deemed appropriate by the Board in accordance with Rule .0503 of this Section,

a hearing will be scheduled.

 

History Note:        Authority G.S. 90-270.26; 150B-38;

Eff. October 1, 1995.

 

 

 

21 NCAC 48G .0503          GRANTING OR DENYING HEARING REQUEST

(a)  The Board will grant a request for a hearing if it

determines that the party requesting the hearing is a "person

aggrieved" within the meaning of G.S. 150B-2(6).

(b)  The denial of a request for a hearing will be issued

immediately upon decision, and in no case later than 60 days after the

submission of the request.  Such denial shall contain a statement of the

reasons leading the Board to deny the request.

(c)  Approval of a request for a hearing will be signified

by the issuing of a notice as required by G.S. 150B-38(b) and explained in

Rule .0505 of this Section.

 

History Note:        Authority G.S. 90-270.26; 150B-38;

Eff. October 1, 1995.

 

 

 

21 NCAC 48G .0504          COMPLAINTS AND INVESTIGATIONS

(a)  In order to file a complaint with the Board, the

following information shall be submitted to the Board in writing:

(1)           the name and address of person alleged to

have violated the Physical Therapy Practice Act;

(2)           a statement of conduct giving rise to

complaint; and

(3)           the name, address, and telephone number of

complainant.

(b) Upon receipt of a written complaint alleging misconduct

that may subject a licensee to disciplinary action, or upon the receipt of the

information that a violation of the Physical Therapy Practice Act may have

occurred, the Board shall investigate the matter to determine whether probable

cause exists to institute disciplinary proceedings.

(c) The Executive Director of the Board and a member

appointed by the Chair shall serve as an investigative committee. This

investigative committee may be assisted by:

(1)           the Board's attorney;

(2)           an investigator;

(3)           a former member of the Board; or

(4)           a consultant retained by the investigative

committee who possesses expertise that will assist the investigative committee

in its investigation.

(d)  The investigative committee shall investigate the

complaint or information set forth in Paragraphs (a) and (b) of this Rule. In

conducting its investigation, the Board Chair (or Executive Director, if

designated by the Chair) may issue subpoenas in the investigative committee's

name for the production of documents pursuant to the provisions of Rule .0512

of this Section. The investigative committee shall determine whether there is

probable cause to believe that the licensee has violated any statute or Board

rule that justifies a disciplinary hearing. If the investigative committee

determines probable cause does not exist, the complaint shall be dismissed, and

the complainant shall be notified of the investigative committee's action and

its reasons. If the investigative committee determines that probable cause

exists, the investigative committee shall offer to confer with the licensee in

an attempt to settle the matter through informal means. If the investigative

committee and the licensee reach an agreement on the disposition of the matter

under investigation, the investigative committee shall cause to be drafted a

proposed settlement agreement that shall include findings of fact, conclusions

of law, and a consent order for presentation to and consideration by the Board.

The settlement agreement shall be presented to and approved by the licensee

before it is presented to the Board for consideration and approval.

(e)  Prior to a decision rendered by the Board, any

materials generated or obtained by the Board in conducting an investigation

shall be considered confidential investigation records not subject to the

Public Records Act (G.S. 132); however, copies of such materials may be

provided to a licensee subject to disciplinary action, or to the licensee's

attorney, so long as identifying information concerning the treatment or

delivery of professional services to a patient who has not consented to its

public disclosure shall be redacted.  

(f)  If the investigative committee and the licensee are not

able to settle the matter under investigation by informal means, the licensee

may request a contested case hearing pursuant to Rule .0502 of this Section or

the Board shall give notice of a disciplinary or contested case hearing.

(g)  If probable cause is found, but it is determined that

license suspension or revocation is not warranted, the investigative committee

shall recommend that the Board place the licensee on probation, or issue a

warning to the licensee. In making this determination, the investigative

committee shall consider such factors as harm to the public; nature of the

conduct; and prior record of discipline. The investigative committee shall mail

a copy of its recommendation to the licensee.

(h)  Within 20 days after receipt of the recommendation, the

licensee may refuse the probation or warning and request a contested case

hearing pursuant to this Rule. The refusal and request shall be filed with the

Board. The legal counsel for the Board shall thereafter prepare, file, and

serve a Notice of Hearing.

(i)  In the alternative, within 20 days after receipt of the

recommendation, the licensee may request an informal meeting with the Board to

discuss the basis of the investigative committee's recommendation and present

reasons why the Board should not follow the investigative committee's

recommendation. There shall be no sworn testimony presented, nor shall there be

a formal record of the proceedings.

(j)  If the licensee does not request a contested case

hearing or an informal meeting with the Board, the Board shall still determine

whether to accept the investigative committee's recommendation.

(k)  Participation by a current Board member in the

investigation of a complaint shall disqualify that Board member from

participating in the decision making process of a contested case hearing.

(l)  Subsequent to the issuance of a notice of hearing, the

attorney prosecuting the contested case for the Board may not communicate,

directly or indirectly, in connection with any issue of fact or question of

law, with any party, including the members of the Board assigned to make a

decision or to make findings of fact and conclusions of law in the contested

case, except on notice and opportunity for all parties to participate. However,

the attorney prosecuting the matter for the Board may continue to communicate

concerning the contested case with the members of the investigative committee

who investigated the matter, with persons not parties to the contested case who

may be called as witnesses including the person who filed the complaint, and

with the Board members about other matters.

 

History Note:        Authority G.S. 90-270.26; 90-270.26(10); 150B-38;

150B-39; 150B-40;

Eff. October 1, 1995;

Amended Eff. February 1, 2015; July 1, 2013; August 1,

2002; August 1, 1998; February 1, 1996.

 

21 NCAC 48G .0505          NOTICE OF HEARING

(a)  The Board shall give the party or parties in a

contested case a notice of hearing not less than 15 days before the hearing. 

Said notice shall contain the following information, in addition to the items

specified in G.S. 150B-38(b):

(1)           the name, position, address and telephone

number of a person at the office of the Board to contact for further

information or discussion;

(2)           the date, time, and place for a pre-hearing

conference, if any; and

(3)           any other relevant information regarding

the procedure of the hearing.

(b)  If the Board determines that the public health, safety,

or welfare requires emergency action, it may issue an order summarily

suspending a license.  Upon service of the order, the licensee to who the order

is directed shall immediately cease the practice of physical therapy in North

Carolina, and deliver said license to the Board in the manner specified in the

order.  The Board shall promptly give notice of hearing pursuant to G.S.

150B-38 following service of the order.  The suspension shall remain in effect

pending issuance by the Board of a final agency decision pursuant to G.S.

150B-42.

 

History Note:        Authority G.S. 90-270.26; 70.36(9);

150B-3(c); 150B-38;

Eff. October 1, 1995.

 

 

 

21 NCAC 48G .0506          WRITTEN RESPONSE TO THE NOTICE OF

HEARING

Any party served with a notice of hearing may file a written

response.  Such response shall be served on the Board by certified mail at the

address specified in the notice of hearing.  The written response must be

mailed to all parties to the proceeding not less than 10 days prior to the

hearing.

 

History Note:        Authority G.S. 90-270.26; 150B-38;

Eff. October 1, 1995.

 

 

 

21 NCAC 48G .0507          WHO SHALL HEAR CONTESTED CASES

(a)  All contested case hearings shall be conducted by the

Board, a panel consisting of a majority of the members of the Board, or an

administrative law judge designated to hear the case pursuant to G.S. 150B-40(e).

(b)  The Board may employ an attorney to advise the

presiding officer on matters of procedure and evidentiary rulings.

 

History Note:        Authority G.S. 90-270.26; 150B-38;

150B-40;

Eff. October 1, 1995.

 

 

 

21 NCAC 48G .0508          PRE-HEARING CONFERENCE

(a)  The Board may direct the parties to attend an informal

pre-hearing conference, or the parties may request such a conference, at a time

and place selected by mutual agreement.  If the parties do not agree on the

time and place for the pre-hearing conference within a reasonable time, the

Board through its attorneys may set the time and place of the pre-hearing

conference, giving reasonable written notice to all parties in the

proceedings.  The board may designate one of its staff members or attorneys to

conduct the conference.

(b)  Upon the agreement of the parties, all or part of the

pre-hearing conference may be conducted by telephone or other electronic means,

if each party has an opportunity to participate while the conference is taking

place.

(c)  The parties shall conduct the pre-hearing conference to

deal, where applicable, with:

(1)           exploring settlement possibilities;

(2)           formulating, clarifying, and simplifying

the issues to be contested at the hearing;

(3)           preparing stipulations of facts or

findings;

(4)           specifying the identity and number of

witnesses;

(5)           determining the extent to which direct

evidence, rebuttal evidence, or cross-examination will be presented in written

form and the extent to which telephone, video tape, or other electronic means

will be used as a substitute for proceedings in person;

(6)           determining what depositions, discovery

orders, or subpoenas will be needed;

(7)           determining the need for consolidation of

cases or joint hearing;

(8)           determining the order of presentation of

evidence and cross-examination; and

(9)           considering any other matters which may

promote the prompt, orderly, and efficient disposition of the case.

 

History Note:        Authority G.S. 90-270.26; 150B-38;

Eff. October 1, 1995.

 

 

 

21 NCAC 48G .0509          PETITION FOR INTERVENTION

(a)  A person desiring to intervene in a contested case

shall file a written petition with the Board's office.  The petition shall bear

the notation:  PETITION TO INTERVENE IN THE CASE OF (Name of Case).

(b)  The petition shall include the following information:

(1)           the name and address of petitioner;

(2)           the business or occupation of petitioner,

where relevant;

(3)           a full identification of the hearing in

which petitioner is seeking to intervene;

(4)           the statutory or non-statutory grounds for

intervention;

(5)           any claim or defense in respect of which

intervention is sought; and

(6)           a summary of the arguments or evidence

petitioner seeks to present.

(c)  If the Board determines to allow intervention, notice

of that decision shall be issued promptly to all parties, and to the

petitioner.  In cases of discretionary intervention, such notification shall

include a statement of any limitations of time, subject matter, evidence or

whatever else is deemed necessary which are imposed on the intervenor.

(d)  If the Board's decision is to deny intervention, the

petitioner shall be notified promptly.  Such notice shall be in writing, shall

identify the reasons for the denial, and shall be issued to the petitioner and

all parties.

 

History Note:        Authority G.S. 90-270.26; 150B-38;

Eff. October 1, 1995;

Amended Eff. February 1, 1996.

 

 

 

21 NCAC 48G .0510          TYPES OF INTERVENTION

(a)  Intervention of Right.   A petition to intervene as a

right, as provided in the North Carolina Rules of Civil Procedure, Rule 24,

will be granted if the petitioner meets the criteria of that rule and the petition

is timely.

(b)  Permissive Intervention.  A petition to intervene

permissively, as provided in the North Carolina Rules of Civil Procedure,

Rule 24, will be granted if the petitioner meets the criteria of that rule

and the Board determines that:

(1)           there is sufficient legal or factual

similarity between the petitioner's claimed rights, privileges, or duties and

those of the parties to the hearings; and

(2)           permitting the petitioner to intervene as a

party would aid the purpose of the hearing.

(c)  Discretionary Intervention.  The Board may allow

discretionary intervention, with whatever limits and restrictions are deemed

appropriate.

 

History Note:        Authority G.S. 90-270.26; 150B-38;

Eff. October 1, 1995.

 

 

 

21 NCAC 48G .0511          DISQUALIFICATION OF BOARD MEMBERS

(a)  Self-disqualification.  No Board member shall discuss

with any party the merits of any case pending before the Board.  Any Board

member who has direct knowledge about a case prior to the commencement of the

proceeding shall disqualify himself or herself from any participation in the

case.  If for any other reason a Board member determines that personal bias or

other factors render that member unable to hear a contested case and perform all

duties in an impartial manner, that Board member shall voluntarily decline to

participate in the hearing or decision.

(b)  Petition for Disqualification.  If for any reason any

party in a contested case believes that a Board member is personally biased or

otherwise unable to hear a contested case and perform all duties in an

impartial manner, the party may file a sworn, notarized affidavit with the

Board.

(c)  Contents of Affidavit.  The affidavit must state all

facts the party deems to be relevant to the disqualification of the Board

member.

(d)  Timeliness and Effect of Affidavit.  An affidavit of

disqualification will be considered timely if filed 10 days before commencement

of the hearing.  Any other affidavit will be considered timely provided it is

filed at the first opportunity after the party becomes aware of facts which

give rise to a reasonable belief that a Board member may be disqualified under

this Rule.

(e)  Where a petition for disqualification is filed less

than 10 days before or during the course of a hearing, the hearing shall

continue with the challenged Board member sitting.  Petitioner shall have the

opportunity to present evidence supporting the petition, and the petition and

any evidence relative thereto presented at the hearing shall be made a part of

the record.  The Board, before rendering its decision, shall decide whether the

evidence justifies disqualification.  In the event of disqualification the

disqualified member will not participate in further deliberation or decision of

the case.

(f)  Procedure for Determining Disqualification:

(1)           The Board will appoint a board member or

the Board's attorney to investigate the allegations of the affidavit.

(2)           At a special proceeding convened to

consider the petition for disqualification, the investigator will report to the

Board the findings of the investigation.

(3)           The Board shall decide whether to

disqualify the challenged individual, and issue its decision in the record.

(4)           The person whose disqualification is to be

determined will not participate in the decision but may be called upon to

furnish information at the special proceeding.

(5)           When a Board member is disqualified prior

to the commencement of the hearing or after the hearing has begun, such hearing

will continue with the remaining members sitting provided that the remaining

members still constitute a majority of the Board.

(6)           If a sufficient number of Board members are

disqualified pursuant to this Rule so that a majority of the Board cannot

conduct the hearing, the Board shall petition the Office of Administrative

Hearings to appoint an administrative law judge to hear the contested case

pursuant to G.S. 150B-40(e).

 

History Note:        Authority G.S. 90-270.26; 150B-40;

Eff. October 1, 1995.

 

 

 

21 NCAC 48G .0512          SUBPOENAS

(a)  Requests for subpoenas for the attendance and testimony

of witnesses or for the production of documents, either pursuant to an

investigation, a Board proceeding, at a hearing, or for the purposes of

discovery, shall be made in writing to the Board, shall identify any document

sought with specificity, and shall include the full name, home or business

address of all persons to be subpoenaed, and the date, time, and place for

responding to the subpoena.  The Board may deny the issuance of any subpoena

that is determined by the Board to have the intent of harassing or intimidating

a witness.  The Board Chair or Executive Director of the Board shall issue the

requested subpoenas within three business days of receipt of the request.

(b)  Subpoenas shall contain:

(1)           the caption of the case or the name of the

licensee or matter being investigated;

(2)           the name and address of the person

subpoenaed;

(3)           the date, hour, and location of the hearing

in which the witness is commanded to appear;

(4)           a particularized description of the books,

papers, records, or objects the witness is directed to bring to the hearing, if

any;

(5)           the identity of the party on whose

application the subpoena was issued;

(6)           the date of issue;

(7)           the signature of the presiding officer or

his designee; and

(8)           a "return of service". The

"return of service" form, as filled out, shall show the name and

capacity of the person serving the subpoena, the date on which the subpoena was

delivered to the person directed to make service, the date on which service was

made, the person on whom service was made, the manner in which service was

made, and the signature of the person making service.

(c)  Subpoenas for the production of documents for copying

or inspection, the subpoena shall contain a particularized description of the

books, papers, records or objects to be produced.

(d)  Subpoenas shall be served as provided by the Rules of

Civil Procedure, G.S. 1A-1, Rule 4.  The cost of service, fees, and expenses of

any witnesses or any documents subpoenaed shall be paid by the party requesting

the subpoena. The subpoena shall be issued in duplicate, with a "return of

service" form attached to each copy. A person serving the subpoena shall

fill out the "return of service" form for each copy and properly

return one copy to the Board with the attached "return of service"

form completed.

(e)  Any person receiving a subpoena from the Board may

object by filing a written objection with the Board's office within 10

business days of receipt of the subpoena.  The objection shall include a

concise statement of reasons why the subpoena should be quashed or modified.

These reasons may include lack of relevancy of the evidence sought, or any

other reason sufficient in law for holding the subpoena invalid, such as that

the evidence is privileged, that appearance or production would be unduly burdensome

as determined by the Board in light of the significance of the evidence sought,

or other undue hardship.

(f)  Any objection to a subpoena shall be served on the

party who requested the subpoena simultaneously with the filing of the

objection with the Board.

(g)  The party who requested the subpoena may file a written

response to the objection within 10 business days after receipt of the

objection.  The written response shall be filed with the Board and served by

the requesting party on the objecting witness.

(h)  After receipt of the objection and response thereto, if

any, the Board shall issue a notice to the party who requested the subpoena and

the party objecting to the subpoena, and may notify any other party or parties

of an open hearing before the presiding officer, to be scheduled as soon as

practicable. At the hearing, evidence and testimony may be presented, limited

to the narrow questions raised by the objection and response.

(i)  Within 30 days after the close of such hearing, the

presiding officer shall rule on the challenge and issue a written decision. A

copy of the decision shall be issued to all parties and made a part of the

record.

 

History Note:        Authority G.S. 90-270.26; 90-270.26(10); 150B-39;

150B-40;

Eff. October 1, 1995;

Amended Eff. February 1, 2015; August 1, 2002.

 

21 NCAC 48G .0513          WITNESSES

Any party may be a witness and may present witnesses on the

party's behalf at the hearing.  All oral testimony at the hearing shall be

under oath or affirmation and shall be recorded.  At the request of a party or

upon the Board's own motion, the presiding officer may exclude witnesses from

the hearing room so that they cannot hear the testimony of other witnesses.

 

History Note:        Authority G.S. 90-270.26; 150B-40;

150B-43;

Eff. October 1, 1995.

 

 

 

21 NCAC 48G .0514          CONTINUANCES

A request for a continuance shall be addressed to the Board,

and shall be granted if in the Board's opinion it will promote the ends of

justice.

 

History Note:        Authority G.S. 90-270.26; 150B-38;

150B-40;

Eff. October 1, 1995.

 

 

 

21 NCAC 48G .0515          FINAL DECISION

In all cases heard by the Board, the Board will issue its

decision within 60 days after its next regularly scheduled meeting following

the close of the hearing.  This decision will be the prerequisite "final

agency decision" for the right to judicial review.

 

History Note:        Authority G.S. 90-270.26; 150B-38;

150B-42;

Eff. October 1, 1995.

 

 

 

21 NCAC 48G .0516          PROPOSALS FOR DECISION

(a)  When an administrative law judge conducts a hearing

pursuant to G.S. 150B-40(e), a "proposal for decision" shall be

served on all parties to the proceeding at their mailing address or upon their

counsel of record.  The parties may file written exceptions to this

"Proposal for decision" and submit their own proposed findings of

fact and conclusions of law.  The exceptions and alternative proposals must be

filed with the Board within 15 days after the party has received the

"proposal for decision" as drafted by the administrative law judge,

and must be served on all other parties at the same time it is filed with the

Board.

(b)  Any party may file a written argument to the Board

within 15 days after receipt of the proposal for decision.  Any party may file

a request to present oral argument to the Board.  Such request must be filed

within 15 days of the receipt of the proposal for decision.

(c)  Upon receipt of a request for oral argument, notice

will be issued promptly to all parties designating the time and place for such

oral argument.

(d)  Giving due consideration to the proposal for decision

and the exceptions and arguments of the parties, the Board may adopt the

proposal for decision or may modify it as the Board deems necessary.  The

decision rendered will be a part of the record and a copy thereof given to all

parties.  The decision as adopted or modified becomes the "final agency

decision" for the right to judicial review.  Said decision will be

rendered by the Board within 60 days of the next regularly scheduled meeting

following the oral arguments, or if none, within 60 days of the next regularly

scheduled Board meeting following receipt of the last document filed in the

case.

 

History Note:        Authority G.S. 90-270.26; 150B-38;

150B-40; 150B-42;

Eff. October 1, 1995.

 

 

 

 

21 NCAC 48G .0517          MODIFICATION OF DECISION

(a)  A person who has been disciplined by the Board may

apply to the Board for modification of the discipline at any time after the

effective date of the Board's decision imposing it; however, if any previous application

has been made with respect to the same discipline, no additional application

shall be considered before the lapse of one year following the Board's decision

on that previous application.  Provided, however, that an application to modify

permanent revocation shall not be considered until after two years from the

date of the original discipline, nor more often than two years after the

Board's last decision on any prior application for modification.

(b)  The application for modification of discipline shall be

in writing, shall set out and shall demonstrate good cause for the relief

sought.

(c)  "Good cause" as used in Paragraph (b) of

this Rule means that the applicant is completely rehabilitated with respect to

the conduct which was the basis of the discipline.  Evidence demonstrating such

rehabilitation shall include evidence:

(1)           that such person has not engaged in any

conduct during the discipline period which, if that person had been licensed

during such period, would have constituted the basis for discipline by the

Board; and

(2)           that, with respect to any criminal

conviction which constituted any part of the previous discipline, the person

has completed the sentence imposed.

(d)  In determining good cause, the Board may consider all

the applicant's activities since the disciplinary penalty was imposed, the

offense for which the applicant was disciplined, the applicant's activities

during the time the applicant was in good standing with the Board, the

applicant's rehabilitative efforts, restitution to damaged parties in the

matter for which the penalty was imposed, and the applicant's general

reputation for truth and professional probity.

(e)  No application for modification of discipline shall be

considered while the applicant is serving a sentence for any criminal offense. 

Serving a sentence includes incarceration, probation (supervised or

unsupervised), parole, or suspended sentence, any of which are imposed as a

result of having been convicted or plead to a criminal charge.

(f)  An application shall ordinarily be ruled upon by the

Board on the basis of the evidence submitted in support thereof.  However, the

Board may make additional inquiries of any person or persons, or request

additional evidence it deems appropriate.

 

History Note:        Authority: G.S. 90-270.26; 150B-42;

Eff. August 1, 2002.

 

section .0600 - DISCIPLINARY ACTION

 

21 NCAC 48G .0601          PROHIBITED ACTIONS

(a)  Behaviors and activities that may result in

disciplinary action by the Board pursuant to G.S. 90-270.36(1), (6), (7), (8), and

(9) and G.S. 90-270.35(4) include the following:

(1)           recording false or misleading data,

measurements, or notes regarding a patient;

(2)           delegating responsibilities to a person

when the licensee delegating knows or has reason to know that the competency of

that person is impaired by physical or psychological ailments, or by alcohol or

other pharmacological agents, prescribed or not;

(3)           practicing or offering to practice beyond

the scope permitted by law;

(4)           accepting and performing professional

responsibilities which the licensee knows or has reason to know that he or she

is not competent to perform;

(5)           performing, without adequate supervision as

described in the rules in this Chapter, professional services that the licensee

is authorized to perform only under the supervision of a licensed professional,

except in an emergency situation where a person's life or health is in danger;

(6)           harassing, abusing, inappropriately

touching, as defined in Rule 48A .0105(7) of this Chapter or intimidating a

patient either physically or verbally;

(7)           failure to exercise supervision over

persons who are authorized to practice only under the supervision of the

licensed professional;

(8)           promoting an unnecessary device, treatment

intervention, nutritional supplement, product, or service for the financial

gain of the practitioner or of a third party as determined by the investigative

committee;

(9)           offering, giving, soliciting, receiving, or

agreeing to receive any fee or other consideration to or from a third party for

the referral of a client;

(10)         failure to file a report, filing a false

report, or failure to respond to an inquiry from the Board within 30 days from

the date of issuance, required by the rules in this Subchapter, or impeding or

obstructing such filing or inducing another person to do so;

(11)         revealing identifiable data, or information

obtained in a professional capacity, without prior consent of the patient,

except as authorized or required by law;

(12)         guaranteeing that a patient will benefit

from the performance of professional services;

(13)         altering a license or renewal card by

changing any information appearing thereon;

(14)         using a license or renewal card that has

been altered;

(15)         permitting or allowing another person to use

his or her license or renewal card for the practice of physical therapy;

(16)         delegating professional responsibilities to

a person when the licensee delegating such responsibilities knows or has reason

to know that such a person is not qualified by training, by experience, or by

licensure to perform such responsibilities;

(17)         violating any term of probation, condition,

or limitation imposed on the licensee by the Board;

(18)         soliciting or engaging in any activities of

a sexual nature, including kissing, fondling, or touching any person while the

person is under the care of a physical therapist or physical therapist

assistant;

(19)         billing or charging for services or

treatment not performed;

(20)         making treatment recommendations or basing a

patient's continued treatment on the extent of third party benefits instead of

the patient's condition;

(21)         willfully or intentionally communicating

false or misleading information regarding a patient;

(22)         harassing, abusing, or intimidating any

person, either physically or verbally, while engaged in the practice of

physical therapy;

(23)         using a form of a license or renewal card

that was not issued by the Board or is not current;

(24)         failing to record patient data within a

reasonable period of time following evaluation, assessment, or intervention;

(25)         failing to pay the costs of investigation or

otherwise to comply with an order of discipline;

(26)         failing to maintain legible patient records

that contain an evaluation of objective findings, a diagnosis, a plan of care

including desired outcomes, the treatment record including all elements of 21

NCAC 48C .0102(l) or 21 NCAC 48C .0201(f), a discharge summary or episode of

care including the results of the intervention, and sufficient information to

identify the patient and the printed name and title of each person making an

entry in the patient record;

(27)         charging fees not supported by documentation

in the patient record;

(28)         furnishing false or misleading information

on an application for licensure and licensure renewal; and

(29)         engaging in misrepresentation or deceit, or

exercising undue influence over a patient or former patient for the financial

gain of the licensee.

(b)  When a person licensed to practice physical therapy in

North Carolina is also licensed in another jurisdiction and that other

jurisdiction takes disciplinary action against the licensee, the North Carolina

Board of Physical Therapy Examiners shall determine whether the conduct found

by the other jurisdiction also violates the North Carolina Physical Therapy

Practice Act. The Board may impose the same or lesser disciplinary action upon

receipt of the other jurisdiction's actions. The licensee may request a

hearing. At the hearing, the issues shall be limited to:

(1)           whether the person against whom action was

taken by the other jurisdiction and the North Carolina licensee are the same

person;

(2)           whether the conduct found by the other

jurisdiction also violates the North Carolina Physical Therapy Practice Act;

and

(3)           whether the sanction imposed by the other

jurisdiction is lawful under North Carolina law.

(c)  In accordance with G.S. 150B-3(c) a license may be

summarily suspended if the Board determines the public health, safety, or

welfare requires emergency action.

(d)  When the Board receives a notice from a Clerk of

Superior Court that the license of a physical therapist or a physical therapist

assistant has been forfeited pursuant to G.S. 15A-1331A, the licensee shall

surrender the license to the Board within 24 hours and shall not engage in the

practice of physical therapy during the period of forfeiture. Forfeiture under

this Section shall not limit the Board's authority to take further disciplinary

action against the licensee in accordance with the Board's rules.

 

History Note:        Authority G.S. 15A-1331A; 90-270.24;

90-270.26; 90-270.35(4); 90-270.36; 150B-3;

Eff. October 1, 1995;

Amended Eff. February 1, 2015; July 1, 2013; December 1,

2006; August 1, 2002; August 1, 1998; February 1, 1996.

 

21 ncac 48g .0602          SANCTIONS; REAPPLICATION

(a)  The Board may, upon proof of a violation of G.S.

90-270.36 or the rules in this Chapter, impose any of the following sanctions:

(1)           issue a warning to a licensee;

(2)           place a licensee on probation;

(3)           suspend a license, the duration of which

shall be determined by the Board;

(4)           revoke any license;

(5)           refuse to issue or renew a license;

(6)           accept a voluntary surrender of a license;

and

(7)           charge the reasonable costs of

investigation and hearing to a licensee who is disciplined.

(b)  The Board may also impose restrictions and conditions

on a license including scope of practice, place of practice, supervision of

practice, duration of licensed status, whether a licensee may work alone or

supervise others, or type or condition of patient or client served, including

requiring a licensee to submit regular reports to the Board on matters related

to the restricted license.

(c)  A person whose license has been revoked or who

surrenders a license:

(1)           is not permitted to reapply for a license

for a period of two years from the date of revocation;

(2)           is not permitted to reapply for a license

for a period not to exceed two years from the date of surrender;

(3)           must submit as part of the reapplication

process all materials requested by the Board related to the revocation or

surrender and shall be required to meet with the Board; and

(4)           may have the restrictions specified in

Paragraph (b) of this Rule imposed in conjunction with the issuance of a

license.

 

History Note:        Authority G.S. 90-270.26;

Eff. August 1, 2002;

Amended Eff. July 1, 2013; December 1, 2006.

 

SUBCHAPTER 48G - RETENTION OF LICENSE

 

SECTION .0700 – IMPAIRED LICENSEE

 

21 NCAC 48G .0701          DEFINITIONS

(a)  "Impairment" is a condition caused by

substance abuse or mental illness that impacts a licensee's ability to provide

physical therapy services.

(b)  "Participant" is a licensee enrolled in a

Program designed to treat substance abuse or mental illness.

(c)  "Program" is a specific course of action for

health care practitioners who suffer from substance abuse or mental illness to

the extent it impairs professional competence.

 

History Note:        Authority G.S. 90-270.26(11);

Eff. February 1, 2015.

 

21 NCAC 48G .0702          PROGRAMS

(a)  Before participating in a Program, a licensee shall be

referred to the Program by the Board.

(b)  If the Board does not offer a Program, it may make

arrangements for licensees with impairments to participate in Programs

administered by other North Carolina health care licensing boards or by other

physical therapy licensing boards that are members of the Federation.  Such

Programs shall provide for:

(1)           investigation, review, and evaluation of

records, reports, complaints, litigation, and other information about the

practice and practice patterns of licensed physical therapists and physical

therapist assistants as may relate to impaired physical therapists and physical

therapist assistants;

(2)           identification, intervention, treatment,

referral, and follow up care of impaired physical therapists and physical

therapist assistants; and

(3)           due process rights for any subject physical

therapist or physical therapist assistant.

(c)  Any licensee enrolled in a Program shall comply with

its requirements.  Any licensee terminated by a Program before successfully

completing the Program may be subject to disciplinary action.

 

History Note:        Authority G.S. 90-270.26(11);

Eff. February 1, 2015.

 

21 NCAC 48G .0703          Information of Impairment

(a)  When information of suspected impairment of a licensee

is received by the Board, the Board shall conduct an investigation and routine inquiries

to determine the validity of the report prior to referring the licensee to a

Program.

(b)  Licensees suspected of impairment may be required to

submit to personal interviews if the investigation and inquiries indicate the

report of impairment may be valid.

 

History Note:        Authority G.S. 90-270.26(11);

Eff. February 1, 2015.

 

21 NCAC 48G .0704          Confidentiality

Information received by the Program shall remain

confidential in accordance with the Program's policies and procedures. However,

information received as a result of a Board referral shall be freely exchanged

with the Board or its authorized agents.

 

History Note:        Authority G.S. 90-270.26(11);

Eff. February 1, 2015.

 

21 NCAC 48G .0705          Reports

Following an investigation, intervention, treatment, or upon

receipt of a complaint or other information, a program participating with the

Board pursuant to Rule .0702(b) of this Section shall report to the Board

detailed information about any physical therapist or physical therapist

assistant licensed by the Board, if it is determined that:

(1)           the physical therapist or physical therapist

assistant constitutes an imminent danger to the public or to himself or

herself; or

(2)           the physical therapist or physical therapist

assistant refuses to cooperate with the Program, refuses to submit to

treatment, or is still impaired after treatment and exhibits professional

incompetence; or

(3)           it reasonably appears that there are other grounds

for disciplinary action.

 

History Note:        Authority G.S. 90-270.26(11);

Eff. February 1, 2015.

 

21 NCAC 48G .0706          Program Standards

Any Program receiving referrals of licensees from the Board

shall be monitored on an annual basis to determine its ability to provide:

(1)           adequate staffing to supervise participants in the

Program;

(2)           referrals for treatment to professionals, group

counseling and facilities; and

(3)           appropriate post-treatment support.

 

History Note:        Authority G.S. 90-2701.26(11);

Eff. February 1, 2015.