The Board proposes the rule amendment to rule 64B17-3.001 to modify the rule title to delete unnecessary language and to add new language to clarify the procedures for licensure and to renumber the rule accordingly; the proposed rule amendment 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 Board proposes the rule amendment to rule 64B17-3.001, F.A.C. to modify the rule title to delete unnecessary language and to add new language to clarify the procedures for licensure and to renumber the rule accordingly; the proposed rule amendment to rule 64B17-3.002, F.A.C. is to modify the rule title, delete unnecessary language and to add new language to clarify the procedures for licensure examinations and to renumber the rule accordingly; the proposed amendment to rule 64B17-3.006, F.A.C. is to delete reference to Department Rule 64B-1.004, F.A.C., and to add new language to clarify penalties for subverting or undermining the examination process and; the proposed promulgation and adoption of rule 64B17-3.007, F.A.C. is to set forth procedures for Board approved credentialing agencies and evaluation reports.

SUMMARY: The rule amendment to rule 64B17-3.001, F.A.C. will modify the rule title to delete unnecessary language and add new language to clarify the procedures for licensure by examination and by endorsement for physical therapists and physical therapist assistants and to renumber the rule accordingly; the proposed rule amendment to rule 64B17-3.002, F.A.C. will modify the rule title, delete unnecessary language and add new language to clarify the procedures for licensure examinations and to renumber the rule accordingly; the proposed amendment to rule 64B17-3.006, F.A.C. will 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 and; the proposed promulgation and adoption of rule 64B17-3.007, F.A.C. will set 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 rule 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), 486.051, 486.081, 486.102 FS.

LAW IMPLEMENTED: 456.013, 456.017, 456.017(1)(d), 456.0635, 456.38, 486.031, 486.041, 486.051, 486.061, 486.0635, 486.0715, 486.081, 486.102, 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:

 

64B17-3.001 Licensure as a Physical Therapist by Examination

(1) Application. Every person physical therapist who applies for licensure as a physical therapist or physical therapist assistant by examination shall file DOH Form #DH-MQA 1142 Application for Licensure, revised 02/16 08/14, which is hereby incorporated by reference and is available through http://www.flrules.org/Gateway/reference.asp?No=Ref-04794 or www.floridasphysicaltherapy.gov/resources., and demonstrate to the Board that the applicant:

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

(a)(1) No change

(b)(2) No change

(c)(3) No change

1.(a) For physical therapists, haveHas received a degree in physical therapy from an institution that has been approved for the training of physical therapists by the Commission on Accreditation for 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 an institution accredited by an appropriate accrediting agency as authorized by Section 486.102, F.S., at the time of graduation; or

3.(b) For physical therapists and physical therapist assistants who have Has received a diploma from a program in physical therapy in a foreign country, and: 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.

1. Has received a determination that the credentials are equivalent to education required for licensure as a physical therapist in the United States. Educational credentials equivalent to those required for the education and preparation of physical therapists in this country shall be determined by the Foreign Credentialing Commission on Physical Therapy (FCCPT) or any other Board approved credentialing agency that meets at least the following criteria:

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.

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.

2. A report from the credentialing agency, in which the educational expert or physical therapist evaluator is not affiliated with the institutions or individuals under review, interpreting the foreign credentials in terms of educational equivalency in the United States. At a minimum, the report shall contain the following information:

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

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

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

d. All opinions contained in the report shall be substantiated by reference to the source materials which form the basis for the opinion.

(3) Additional provisionfor 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 in 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 examinatin 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 application 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) FS. Law Implemented 456.013, 456.017, 456.0635, 456.38, 486.031, 486.041, 486.051, 486.061, 486.0715, 486.081,  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,       .

 

64B17-3.002 Licensure Examination Subjects and Passing Score; Law 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 must have obtained a passing score on the NPTE examination within the five (5) years immediately prior to the filing of the application.

(2) Applicants must obtain a passing score on the National Physical Therapy Examination for Physical Therapists developed by the Federation of State Boards of Physical Therapy.

(3) An applicant must reapply, using DOH Form #DH-MQA 1143, Re-Exam Application, Revised 08/09, incorporated by reference, which is available through www.doh.state.fl.us/mqa,  in order to retake the examination. If an applicant wishes to take the 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.

(2) Florida Laws and Rules Examination.

(a)(4) All applicants for licensure including those seeking licensure without examination licensed (by endorsement) under Rule 64B17-3.003, F.A.C., are required to take and pass the Florida Laws and Rules Examination developed by the FSBPT Federation of State Boards of Physical Therapy. Passing scores on the Laws and Rules Examination are set by the FSBPT and are not no longer valid for if more than five years after have passed since the Applicant took the examination.

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

1. through 5. No change

6. Consumer Advocacy 12.5%. In order to achieve a passing score on the examination, an applicant must obtain a score equal to or greater than the scaled score based upon a passing score study conducted by the Federation of State Boards of Physical Therapy.

(b) Applicants must reapply to retake the Laws and Rules Examination, using DOH Form #DH-MQA 1143, Re-Exam Application, Revised 08/09, which is available through www.doh.state.fl.us/mqa.

(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 Appliation, Revised 2/16, 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, 486.051 FS. Law Implemented 456.017, 486.051 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, 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 which form the basis for the opinion.

Rulemaking Authority 486.025, 486.031(3), 486.102   FS. Law Implemented 456.013, 456.017, 456.0635, 456.38, 486.031, 486.041, 486.051, 486.061, 486.0715, 486.102, 486.104 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: November 5, 2015

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