The purpose and effect of the rule changes proposed to rule 64B17-3.001 is to clarify and simplify the requirements for licensure for physical therapists and physical therapist assistants and to delete redundant language; to rule 64B17-3.002 is to ...

 

DEPARTMENT OF HEALTH

Board of Physical Therapy Practice

RULE NOS.:RULE TITLES:

64B17-3.001Licensure as a Physical Therapist by Examination

64B17-3.002Licensure Examination Subjects and Passing Score; Additional Requirements After Third Failure; Laws and Rules Examination

64B17-3.006Examination Security and Sanctions for Subversions

64B17-3.007Board Approved Credentialing Agencies; Credentials Evaluation Reports

PURPOSE AND EFFECT: The purpose and effect of the rule changes proposed to Rule 64B17-3.001, F.A.C. is to clarify and simplify the requirements for licensure for physical therapists and physical therapist assistants and to delete redundant language; to Rule 64B17-3.002, F.A.C. is to clarify and simplify the requirements for licensure examinations and examination retakes for physical therapists and physical therapist assistants; to Rule 64B17-3.006, F.A.C. is to update the rule by deleting reference to a repealed Department rule and to eliminate redundancy by including both physical therapists and physical therapist assistants. The purpose and effect of the promulgation of Rule 64B17-3.007, F.A.C. is to set forth criteria for Board approval of credentialing agencies and credentials evaluation reports.

SUMMARY: The proposed amendments to Rule 64B17-3.001, F.A.C. clarify procedures for licensure by examination and by endorsement for physical therapists and physical therapist assistants, including required education for application by examination or without examination (by endorsement); the proposed rule amendments to Rule 64B17-3.002, F.A.C. clarify the procedures for licensure examinations for physical therapists and physical therapist assistants, identify the required examinations, set forth passing scores, and explain procedures after failing examinations; the proposed amendments to Rule 64B17-3.006, F.A.C. delete reference to Department Rule 64B-1.004, F.A.C., and add new language to clarify penalties for subverting or undermining the examination process; the proposed promulgation and adoption of Rule 64B17-3.007, F.A.C. sets forth procedures for Board approved credentialing agencies and evaluation reports.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rules will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 456.017, 486.023(4), 486.025, 486.031(3), 486.104 FS.

LAW IMPLEMENTED: 456.013, 456.017, 456.0635, 456.38, 486.031, 486.041, 486.051, 486.061, 486.0715, 486.081, 486.102, 486.103, 486.104 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Allen Hall, Executive Director, Board of Physical Therapy Practice, 4052 Bald Cypress Way, Bin #C05, Tallahassee, Florida 32399-3253

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

A substantial rewording of Rule 64B17-3.001 follows. See Florida Administrative Code for present text.

 

64B17-3.001 Licensure as a Physical Therapist by Examination

(1) Application. Every person who applies for licensure as a physical therapist or physical therapist assistant shall file DOH Form #DH-MQA 1142, Application for Licensure, revised 10/16, which is hereby incorporated by reference and is available through http://www.flrules.org/Gateway/reference.asp?No=Ref-              or www.floridasphysicaltherapy.gov/resources.

(2) Qualifications for Licensure. All applicants for licensure as a physical therapist or physical therapist assistant must demonstrate the following:

(a) Is eighteen years old;

(b) Possesses good moral character; and

(c) Education:

1. For physical therapists, have received a degree in physical therapy from an institution that has been approved for the training of physical therapists by the Commission on Accreditation in Physical Therapy Education (CAPTE), at the time of graduation; or

2. For physical therapist assistants, have received a degree as a physical therapist assistant from a physical therapist assistant educational program accredited by the Commission on Accreditation in Physical Therapy (CAPTE) at the time of graduation; or

3. For physical therapists and physical therapist assistants who have received a diploma from a program in physical therapy in a foreign country, have received a determination that their credentials are equivalent to the education and preparation required for licensure as a physical therapist or physical therapist assistant in the United States. Educational credentials equivalent to those required for the education and preparation of physical therapists or physical therapist assistants in this country shall be determined by an agency as provided in Rule 64B17-3.007, F.A.C.

(3) Additional provision for applications for licensure without examination (by endorsement).

(a) For purposes of compliance with sections 486.031 and 486.017, Florida Statutes, the standard for determining whether the standards of another jurisdiction are as high as the standards in Florida shall be whether the written examination taken for licensure in such other jurisdiction by applicants meeting Florida’s minimum educational qualifications was through the national physical therapy examination provider certified by the Department.

(b) An applicant for licensure without examination who has been educated in a foreign country shall demonstrate minimum educational qualifications, as used in paragraph (3)(a), by:

1. Obtaining a determination of educational credentials equivalency as provided by Rule 64B17-3.007, F.A.C.; or

2. Providing the following:

a. A certified copy of the credential evaluation used by the physical therapy licensing board of another state. The evaluation must be on the appropriate coursework tool (CWT) adopted by the Federation of State Boards of Physical Therapy (FSBPT) and reflect the education criteria in place at the time of graduation, and

b. Proof of 1000 clinical practice hours each year in the United States for five (5) out of the last ten (10) years.

i. Full-time teaching of physical therapy education may count toward 250 of the 1000 required practice hours per year.

ii. Proof of clinical practice hours in the United States shall consist of submission of a written statement evidencing the number of clinical hours the applicant practiced in each of the five (5) years.

(4) An applicant for licensure as a physical therapist who has failed to pass the National Physical Therapy Examination for Physical Therapists or an applicant for licensure as a physical therapist assistant who has failed to pass the National Physical Therapy Examination for Physical Therapist Assistants by or on the fifth attempt, regardless of the jurisdiction through which the examination was taken, is precluded from licensure.

Rulemaking Authority 486.025, 486.031(3), 486.104 FS. Law Implemented 456.013, 456.017, 456.0635, 456.38, 486.031, 486.041, 486.051, 486.061, 486.0715, 486.081, 486.102, 486.103, 486.104 FS. History–New 8-6-84, Amended 6-2-85, Formerly 21M-7.20, Amended 5-18-86, Formerly 21M-7.020, 21MM-3.001, Amended 3-1-94, Formerly 61F11-3.001, Amended 12-22-94, 4-10-96, Formerly 59Y-3.001, Amended 12-30-98, 1-23-03, 4-9-06, 9-19-06, 3-13-07, 5-11-08, 5-21-09, 8-10-09, 7-5-10, 12-17-12, 12-15-14,               .

 

A substantial rewording of Rule 64B17-3.002 follows. See Florida Administrative Code for present text.

 

64B17-3.002 Licensure Examination Subjects and Passing Score; Laws and Rules Examination; Additional Requirements After Third Failure; Laws and Rules Examination.

(1) The licensure examination for physical therapists shall be the National Physical Therapy Examination (NPTE) for Physical Therapists developed by the Federation of State Boards of Physical Therapy (FSBPT). The licensure examination for physical therapist assistants shall be the National Physical Therapy Examination for Physical Therapist Assistants developed by the FSBPT. An applicant for licensure by examination who has previously taken the NPTE examination must have obtained a passing score on the NPTE examination within the five (5) years immediately prior to the filing of the application for licensure.

(2) Florida Laws and Rules Examination.

(a) All applicants for licensure including those seeking licensure without examination (by endorsement) are required to take and pass the Florida Laws and Rules Examination developed by the FSBPT. Passing scores on the Laws and Rules Examination are set by the FSBPT and are not valid for more than five years after the Applicant took the examination.

(b) The Florida Laws and Rules Examination has 40 scored questions and the content and approximate weights are:

1. Legislative Intent and Definitions 25%;

2. Board Powers and Duties 5%;

3. Licensure and Examination 7.5%;

4. Patient Care 35%;

5. Disciplinary Action and Unlawful Practice 15%; and

6. Consumer Advocacy 12.5%.

(3) Passing Scores.

(a) Passing scores on the NPTE and Florida Laws and Rules Examination are determined by the FSBPT. In determining whether an applicant has received a passing score, the Board will use the information contained in the applicant’s FSBPT Score Report.

(b) In cases where an applicant’s Score Report does not state “pass” or “fail,” the Board will deem an applicant to have passed the examination if the applicant’s raw scaled score is not less than one point five (1.5) standard deviations below the national average for that examination offering.

(4) Examination retakes.

(a) In order to retake either the NPTE or the Florida Laws and Rules Examination, an applicant must reapply, using DOH Form #DH-MQA 1143, Re-Exam Application, Revised 11/15, incorporated by reference, which is available through http://www.flrules.org/Gateway/reference.asp? No=     or  www.floridasphysicaltherapy.gov/resources.

(b) If an applicant wishes to take the NPTE examination for the fourth time, the applicant must submit to the Board for approval satisfactory evidence of having successfully completed the following since the last taking of the examination:  successful completion of a course of study or internship designed to prepare the applicant for the physical therapy examination. An applicant who has completed these additional requirements may take the examination on two more occasions.

Rulemaking Authority 456.017, 486.025, 486.104 486.051 FS. Law Implemented 456.017, 486.031, 486.051, 486.102, 486.104 FS. History–New 8-6-84, Formerly 21M-7.22, Amended 3-16-88, 6-20-89, Formerly 21M-7.022, Amended 6-6-90, 6-3-92, 3-24-93, Formerly 21MM-3.002, 61F11-3.002, Amended 12-22-94, Formerly 59Y-3.002, Amended 2-14-02, 4-23-02, 12-5-04, 4-9-06, 1-7-07, 6-27-07, 5-21-09, 8-10-09, 6-29-10,                        .

 

64B17-3.006 Examination Security and Sanctions for Subversions

(1) The Board incorporates Department Rule 64B-1.004, F.A.C., relating to the security of examinations.

(2) An applicant, licensee, or examinee who is found by the Board, prior to, during, or after the administration of an examination, to have engaged or to have attempted to engage in conduct that subverts or undermines the integrity of the examination process shall be subject to penalties up to and including disqualification from taking the examination and from licensure as a physical therapist or physical therapist assistant, and up to receiving a failing grade on the examination if applicable pursuant to guidelines set forth in Rule 64B17-7.001(1)(k), F.A.C.

Rulemaking Specific Authority 486.023(4), 486.025, FS. Law Implemented 456.017(1)(d) FS. History–New 6-12-03, Amended 8-9-04,                      .

 

64B17-3.007 Board Approved Credentialing Agencies; Credentials Evaluation Reports.

(1) For purposes of identifying appropriate agencies to conduct credentialing evaluations of non-United States educated applicants, the Board approves the following:

(a) The Foreign Credentialing Commission on Physical Therapy Education (FCCPT); or

(b) Any other organization which meets the criteria of subsection (2), below.

(2) Criteria for Board approval as an educational credentialing agency.  The Board will approve credentialing agencies to conduct educational equivalence evaluations if such agency:

(a) Has a comprehensive, standardized orientation and training program for all reviewers who must be experienced and knowledgeable in the area of physical therapy education;

(b) Has an audit and quality assurance or review committee that regularly meets to monitor the evaluation process and to provide random audits of the credentials reviews;

(c) Uses the Federation of State Boards of Physical Therapy (FSBPT) coursework evaluation tool that reflects the educational criteria in place at the time of graduation;

(d) Employs full time staff support, including an international expert in General Education credential equivalency and analysis;

(e) Has an updated, current, and comprehensive resource document library available for reference;

(f) Uses two independent physical therapists to perform the professional education component of the credentials reviews; and

(g) Uses original documentation from the institution with institutional seals and signatures and does not permit notarized copies of transcripts or course descriptions for credentials reviews.

(3) Educational equivalency evaluation reports.

(a)  All educational credentials evaluation reports must contain, at a minimum, the following information:

1. A clear and definitive statement as to whether the education is equivalent to a CAPTE-accredited physical therapy educational program;

2. Whether the institution is accredited by any governmental agency and, if so, which agency;

3. A list of courses in general education and professional education with the United States post-secondary equivalent course indicated; and

4. A statement that the educational expert's or physical therapist's evaluation is not affiliated with the institutions or individual under review.

(b) All opinions contained in the report shall be substantiated by reference to the source materials that form the basis for the opinion.

Rulemaking Authority 486.025, 486.031(3), 486.102, 486.104   FS. Law Implemented 486.031, 486.102 FS. History–New                          .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Physical Therapy Practice

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Physical Therapy Practice

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 27, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 21, 2016