PT Practice Act RegulationsImplications for Practice

Wayne Stuberg, PhD, PT, PCSMunroe-Meyer Institute, UNMC

Board of PT, HHS

Session Objectives

1. Provide an overview of the PT Statute & the draft regulations for the new PT Practice Act

2. Facilitate discussion and gather input for the Board of PT & NE Health & Human Services for the development of new PT regulations

3. Report back to the Board of PT on suggested modifications

Legislative Overview - Statute

• LB 994 (New PT Statute) passed during 2005 Legislative session– Statue went into effect July 14, 2006– http://www.hhs.state.ne.us/crl/

statutes/ptstat.pdf

• Overview of new PT Statute– See handout

Legislative Overview - Regulations

• Regulations that are consistent with new law remain and are enforced

• Regulations that are inconsistent with new law became void on July 14th, 2006

• Board of PT developed draft regulations in June 2006

• Dissemination of draft regulations at regional meetings across NE

How Regulations Become Law

1. Board of PT drafts regulations

2. Draft regulations are disseminated to stakeholder group(s) for comment & revision as needed

3. Public Hearing required to gather input

4. Board of PT addresses input and forwards Regulations to Regulatory Analysis & Integration Division of Health & Human Services (HHS)

How Regulations Become Law

5. HHS Director gives approval

6. Attorney General gives approval

7. Governor’s Policy Research Office gives approval

8. Regulations filed with Secretary of the State

9. Regulations disseminated to licensees/certificate holders

What has Changed?

• New definition of physical therapy consistent with the Federation of State Boards Model Practice Act & the APTA– General supervision means either on-site or

via telecommunication– Definition of intervention consistent with Guide

to PT Practice– Definition of mobilization or manual therapy– Storage of topical & aerosol medication

allowed– Testing includes fine-wire EMG, but not

diagnostic

What has Changed?

• Updated criteria for licensure of foreign trained PTs to be consistent with the Foreign Credentialing Commission on PT (FCCPT)– New coursework requirements– New language proficiency

requirements

• No temporary licenses for PTs or certificates for PTAs

What has Changed?

• No PTA Supervisory Certification

• New listing of what a PTA cannot do under the general supervision of a PT– Sharp wound debridement to be

added

• PTA can be the clinical instructor for a PTA student– PTA student clinical services require

direct supervision of PT

What has Changed?

• Guidelines for Fine-Wire EMG provided • New supervisory requirements for PTA

– PT supervises 2 PTAs at a time– PT must reevaluate or reexamine patient with

a plan of care being implemented by a PTA at least every 30 calendar days

– Guidelines for more frequent re-evals provided– Supervisory visit by PT must include patient

contact by the PT

• New supervisory requirements for PTAs in satellite clinics– Definition of supervisory on-site visit

What has Changed?

• Treatment-related tasks allowed by an aide require:– Direct supervision of the PT– Treatment related task guidelines

provided & not a listing– Written procedures & documentation

of training required for treatment-related tasks performed by an aide

• Expanded list/definition of unprofessional activities

What has Changed?

• Mandatory renewal of jurisprudence exam every six years

• Expansion of activities allowed as continuing education

INPUT?

• Current Board of PT Members– Kent Dunovan– Raymond Frew (public member)– Sue Jeffrey– Wayne Stuberg

• Board of PT Liaison– Diane Hansmeyer