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ALABAMA
PHYSICAL THERAPY
PRACTICE ACT
CODE OF ALABAMA 1975
Section 34-24-190, et seq., as amended
(Acts 1965, No. 476; Acts 1969, No. 622;
Acts 1982, No. 82-189; Acts 1985, No. 85-334;
Acts 1989, No. 89-232; Acts 1997, No. 97-386,
Act 2001-254; Act 2007, No. 386; Act 2009, No. 27)
Division 1.
General Provisions.
Section 34-24-190.
Short title.
This article may be cited as the Physical Therapy Practice Act.
(Acts 1965, No. 476)
Section 34-24-191.
Definitions.
(a) For the purposes of this article, the following words and
phrases shall have the meanings respectively ascribed by this
section:
(l) PHYSICAL THERAPY. The treatment of a human being by the use
of exercise, massage, heat, cold, water, radiant energy,
electricity or sound for the purpose of correcting or
alleviating any physical or mental condition or preventing the
development of any physical or mental disability, or the
performance of neuro-muscular-skeletal tests and measurements to
determine the existence and extent of body malfunction;
provided, that physical therapy shall be practiced only upon the
referral of a physician licensed to practice medicine or surgery
and a dentist licensed to practice dentistry and shall not
include radiology or electrosurgery.
(2) PHYSICAL THERAPIST. A person who practices physical therapy.
(3) PHYSIOTHERAPIST. Synonymous with the term "physical
therapist," and said term shall be used to identify only those
persons registered under this article. The physical therapist
may use the letters "P.T." or "R.P.T." in connection with his
name or place of business to denote his registration hereunder.
(4) PHYSICAL THERAPIST ASSISTANT. A person who assists in the
practice of physical therapy and whose activities require an
understanding of physical therapy but do not require
professional or advanced training in the anatomical, biological
and physical sciences involved in the practice of physical
therapy. The physical therapist assistant shall practice only
under the direction of a registered physical therapist.
(5) PHYSICAL THERAPY TECHNICIAN. Synonymous with the term
"physical therapist assistant," and said term shall be used to
identify only those persons licensed under this article. The
physical therapist assistant may use the letters "L.P.T.A." in
connection with his name to denote his being licensed hereunder.
(6) BOARD. The Board of Physical Therapy established by Section
34-24-192.
(7) FOREIGN TRAINED PHYSICAL THERAPIST. A person trained or
educated in the practice of physical therapy outside of the
United States or any of its territorial possessions.
(b) Words importing the masculine gender shall include the
feminine.
Section 34-24-192.
Board of Physical Therapy - Generally.
(a) Composition; appointment and terms of members.-- The Board
of Physical Therapy shall consist of seven members; five members
appointed by the Governor from a list of five person nominated
for each place on the board by the current licensees and
certified to him or her by the board, and two additional members
appointed by the Governor pursuant to subsection (e). For the
purpose of preparing the list of five names for each position on
the board, the board shall conduct an annual meeting at which
all physical therapists and physical therapist assistants
holding a current license as identified under this article shall
have the right to attend, nominate, and vote. The board shall
have the authority to regulate and prescribe the date, hour and
place of the meeting, the method of nomination, and the manner
of voting. At least 30 days prior to the meeting the board shall
mail notices to each current licensee, at the address shown on
his or her current registration, notifying him or her of the
exact date, hour and place of the meeting, the purpose of the
meeting, and of his or her right to attend and vote. The
membership of the board shall be inclusive and reflect the
racial, gender, geographic, urban/rural, and economic diversity
of the state. Whenever possible, no two members of the board
shall be residents of the same congressional district. The board
members shall be appointed for staggered terms of five years
each, so that one member's term expires each year. After April
19, 2001, as each member's term expires, the board shall provide
a method of nominating members to the board so that each
congressional district in the state is represented on the board.
No person shall be appointed for more than two consecutive
terms. Four members of the board shall be physical therapists,
two members of the board shall be physical therapist assistants,
and one member shall be a consumer.
(b) Qualifications of members.-- Each board member shall possess
all the following qualifications:
(l) Be a resident and citizen of this state.
(2) Have practiced physical therapy, or acted as a physical
therapist assistant, within the State of Alabama for the three
years preceding his or her appointment.
(c) Vacancies.-- In the event of a vacancy within one year of
the annual meeting at which the list containing his or her name
was compiled, the Governor shall fill the vacancy by selecting
another name from the remaining names on the list prepared
pursuant to subsection (a). Any vacancy, other than one
occurring prior to the next annual meeting after the initial
appointment is made, shall be filled by appointment of the
Governor from a list of five nominees submitted by the current
licensees of the board.
(d) Officers; compensation and expenses of members.-- The board
shall designate one of its members as chair, one as secretary,
and one as treasurer. Members of the board shall receive a fee
for every day actually spent in the performance of their duties
and in addition thereto shall be reimbursed according to the
state travel policy for their other expenses in the same amounts
and under the same conditions as state employees are reimbursed.
The exact amount of the above-mentioned fee shall be fixed by
the board.
(e) The two additional members appointed to the board after
April 19, 2001, shall be nominated and appointed by the Governor
in the same manner and at the same time, and shall serve the
same term of office, as specified in subsection (a) for other
board members. The consumer member shall be nominated and
appointed in the year 2001, and the additional physical
therapist assistant member shall be nominated and appointed in
the 2002.
Section 34-24-193.
Board of Physical Therapy C Powers and duties; certification
fee; administrative fines.
(a) It shall be the duty of the board to pass upon the
qualifications of applicants for registration as physical
therapists and licensing as physical therapist assistants, to
conduct examinations, to issue licenses and renewals to physical
therapists and physical therapist assistants qualifying under
this article and in a proper case to suspend or revoke the
registration or license of such persons. The board may adopt
rules and regulations not inconsistent with law as it may deem
necessary for the performance of its duties but shall not issue
any rules or regulations that require a physical therapist
assistant to be within sight of a consulting physical therapist
or a physical therapist supervisor while working under the
direction of that physical therapist. The board shall maintain a
register listing the name of every living physical therapist and
physical therapist assistant registered or licensed in this
state, his last known place of business and last known place of
residence and the date and number of his license. The board
shall compile a list of physical therapists and physical
therapist assistants registered or licensed to practice in this
state, and such list shall be available to any person upon
application to the board and the payment of such charge as may
be fixed by the board. Subject to the provisions of Section
34-24-195, the board shall have the power to make such
expenditures and employ such personnel as it may deem necessary
for the administration of the provisions of this article.
(b) The board is hereby specifically authorized to establish and
collect a fee for certifying to other boards or entities that a
licensee is a member in good standing with the Alabama board.
(c) The board is hereby authorized to discipline its licensees
by the adoption and collection of administrative fines, not to
exceed $l,000.00 per violation, and it is further authorized to
institute any legal proceedings necessary to effect compliance
with this chapter.
Section 34-24-l94.
Complaint charging violation of article; hearing; subpoenas;
judicial review of revocation and refusal of license.
(a) Any person may file a complaint with the board against any
registered physical therapist or licensed physical therapist
assistant in the state charging the person with a violation of
this article. The complaint shall set forth specifications of
charges in sufficient detail to disclose to the accused fully
and completely the alleged acts of misconduct for which he or
she is charged. When a complaint is filed, the secretary of the
board shall mail a copy thereof to the accused by registered
mail at his or her address of record, with a written notice of
the time and place of a hearing of the complaint, advising the
accused that he or she may be present in person and by counsel
if he or she so desires to offer testimony and evidence in his
or her defense.
(b) The board may issue subpoenas and compel the attendance of
any witness or the production of any book, writing, or other
documentation in the possession, custody, or control of any
person. Any person refusing to produce any book, writing, or
other documentation or to appear to testify, without legal
excuse, at a hearing of the board, after having been served with
a subpoena issued by the board requiring the person to appear,
produce any book, writing, or other form of documentation or
testify at the hearing, shall be guilty of contempt. Upon
certification of the act of contempt by the board to the judge
of the circuit court in whose jurisdiction the hearing is held
or is to be held, the judge shall punish the contempt as though
committed before the judge. The accused party shall, on
application to the board, be furnished by the board with a
subpoena for any witness in his or her behalf or for the
production of any book, writing, or other documentation to be
used in his or her behalf at the hearing.
(c) At the hearing, the board shall receive evidence upon the
subject matter under consideration and shall accord the accused
person a full and fair opportunity to be heard in his or her
defense. The board shall not be bound by strict or technical
rules of evidence, but shall consider all evidence fully and
fairly except, that all oral testimony considered by the board
must be under oath. If the board is convinced that the
registered physical therapist or the licensed physical therapist
assistant has violated this article, it may revoke his or her
license.
(d) The action of the board in revoking or refusing to issue a
license may be reviewed by the Circuit Court of Montgomery
County by a writ of mandamus, accompanied by a bond to be
approved by the court, to determine whether the board acted
arbitrarily, capriciously or illegally. The review procedure
provided in this subsection shall not suspend the action of the
board in the revocation or refusal of a license.
Section 34-24-195.
Physical Therapist Fund.
All fees collected by the board shall be paid into the State
Treasury and credited to a special fund designated as the
"Physical Therapist Fund." There is hereby appropriated to the
board all funds appropriated, or otherwise made available, to
said board by the Legislature of Alabama, the Congress of the
United States or by any other source for the purpose of carrying
out this article, and the board shall have power to direct the
disbursement of all money collected hereunder. All expenditures
authorized shall be paid for out of said fund on vouchers
certified by the chairman of the board.
Section 34-24-196.
Penalties.
(a) Each violation of Section 34-24-210 shall be punishable by a
fine of not less that $l00.00 nor more than $500.00, or by
imprisonment for not less than 30 days nor more than 90 days, or
both.
(b) Any person who knowingly makes a false statement in his
application for registration or license under this article or in
response to any inquiry by the board shall be fined not less
than $l00.00 nor more than $500.00 or by imprisonment for not
less than 30 days nor more than 90 days, or both.
Division 2.
Registration and Licenses.
Section 34-24-210.
Required.
(a) Registration required. - No person shall practice nor hold
himself out to be able to practice physical therapy in this
state unless he is registered in accordance with the provisions
of this article.
(b) License required. - No person shall act nor hold himself out
as being able to act as a physical therapist assistant unless he
is licensed in accordance with the provisions of this article.
(c) Other healing arts not affected. - Nothing in this article
shall prohibit any person licensed to practice any other of the
healing arts in this state under any other law from engaging in
the practice for which he is licensed.
Section 34-24-211.
Application; fee.
An applicant for registration as a physical therapist or for a
license as a physical therapist assistant shall file a written
application on forms provided by the board together with a fee
as set by the board, no part of which shall be returned. The
applicant shall present evidence satisfactory to the board that
he or she is of good moral character and has completed a
program of physical therapy education appropriate for training a
physical therapist or a physical therapist assistant, as the
case may be, approved by the board or a nationally recognized
accrediting agency. Each applicant shall also be a citizen
of the United States, or, if not a citizen of the United States,
a person who is legally present in the United States with
appropriate documentation from the federal government.
Section 34-24-212.
Examinations.
(a) Generally. - The board shall give an appropriate examination
to every applicant who complies with Section 34-24-211 and who
pays the fee prescribed for the examination. Examinations shall
be held within the state at least once each year, at such times
and places as the board determines. A practical or demonstration
examination may be required at the discretion of the board when
an applicant is retaking a written examination after previously
having failed such an examination.
(b) Physical therapist - The examination given applicants for
registration as a physical therapist shall be a written
examination, approved by the board. Such examination shall test
the applicant's knowledge of the basic and clinical sciences as
they relate to physical therapy, physical therapy theory and
procedures and such other subjects as the board may deem useful
to test the applicant's fitness to practice physical therapy. A
practical or demonstration examination may be required if so
determined by the board.
(c) Physical therapist assistant - The examination given
applicants for licensing as physical therapist assistant will be
a written examination, approved by the board. Such examination
shall test the applicant's knowledge of the basic and clinical
sciences as they relate to physical therapy, physical therapy
theory and procedures, and such other subjects as the board may
deem useful to test the applicant's fitness to act as a physical
therapist assistant. A practical or demonstration examination
may be required if so determined by the board.
(d) Foreign trained physical therapist. - Any foreign
trainedphysical therapist who plans to practice in the state
must have their educational credentials evaluated by a
recognized educational evaluation agency and have that agency
send their report directly to the board. The board will
determine the acceptability of equivalency in educational
preparation. If the board rules the education to be acceptable
the routine application process will be followed.
Section 34-24-213.
Issuance of license - Applicants passing examination.
The board shall issue a license to each applicant who passes the
appropriate examination for registration as a physical therapist
or licensing as a physical therapist assistant in accordance
with standards fixed by it and who is not disqualified to
receive a license under the provisions of Section 34-24-217.
Section 34-24-214.
Issuance of license C Without examination.
On payment to the board of a fee set by the board and the
submission of a written application on forms provided by the
board, the board shall issue a license without examination to:
(l) A person who is qualified within the meaning of this article
as a physical therapist by another state of the United States of
America, its possessions or the District of Columbia, if the
requirements for licensing or registration in such state,
possession or district were at the date of his licensing or
registration by such state substantially equal to the
requirement for the initial licensing of persons practicing
physical therapy when this article became effective, August 20,
l965, or for licensing by examination prepared by the
professional examining service as set forth in the article and
any additional requirements prescribed by the board.
(2) A person who is qualified within the meaning of this article
as a physical therapist assistant by another state of United
States of America, its possessions or the District of Columbia,
if the requirements for licensing in such state, possession or
district were at the date of his licensing by such state
substantially equal to the requirements set forth in this
article.
Section 34-24-215.
Temporary licenses.
(a) On payment to the board of a fee set by the board, and on
submission of a written application on forms provided by the
board, the applicant shall be issued without examination a
temporary license to practice physical therapy or to act as a
physical therapist assistant in this state for a period not to
exceed one year, if said person meets the qualifications set
forth in Section 34-24-211 and submits evidence satisfactory to
the board that he is in this state on a temporary basis to
assist in a case of medical emergency or to engage in a special
physical therapy project. Such special projects may be research
and education programs. Each request will be judged by the board
on its individual merits.
(b) Upon the submission of a written application on forms
provided by the board, a person who has applied for a license
under the provisions of Section 34-24-211 and who is, in the
judgment of the board, eligible to take the examination provided
for in Section 34-24-212, may be issued a temporary license by
the board. Such temporary license shall be available to an
applicant only with respect to his first application for a
license under Section 34-24-211, and such license shall expire
when the board makes a determination with respect to said
application.
Section 34-24-216.
Renewal of license; continuing education.
(a) All licenses issued by the board to physical therapists and
physical therapist assistants shall expire on the first day of
October of the year next succeeding the issuance thereof. A
license may be renewed on the payment on or before November
first of each year, to the board of a fee set by the board. A
license which has expired may, within five years of its
expiration date, be renewed on payment to the board of a fee set
by the board for each year or part thereof during which the
license was ineffective and the payment of a restoration fee set
by the board. After said five-year period, a license may be
obtained only by complying with the provisions hereinabove
relating to the issuance of an original license.
(b) The board shall adopt a program of continuing education for
its licensees not later than October l, l99l. After such date,
successful completion of the annual continuing education program
shall be a requisite for the renewal of licenses issued pursuant
to this chapter.
(c) Provided, however, under the provisions of this chapter,
continuing education shall not result in a passing or failing
grade.
Section 34-24-217.
Grounds for refusal, suspension or revocation of license.
(a) The board shall refuse to issue a license to any person and,
after notice and hearing in accordance with its regulations and
rules, shall suspend or revoke the license of any person who
has:
(l) Practiced physical therapy other than upon the referral of a
physician licensed to practice medicine or surgery, and a
dentist licensed to practice dentistry; or practiced as a
physical therapist assistant other than under the direction of a
registered physical therapist;
(2) Used drugs or intoxicating liquors to an extent which
affects his professional competency;
(3) Been convicted of a felony or of a crime involving moral
turpitude;
(4) Obtained or attempted to obtain a license by fraud or
deception;
(5) Been grossly negligent in the practice of physical therapy
or in acting as a physical therapist assistant;
(6) Been adjudged mentally incompetent by a court of competent
jurisdiction;
(7) Been guilty of conduct unbecoming a person registered as a
physical therapist or licensed as a physical therapist assistant
or of conduct detrimental to the best interest of the public;
(8) Been convicted of violating any state or federal narcotic
law;
(9) Treated or undertaken to treat human ailments otherwise than
by physical therapy as defined in this article;
(l0) Advertised unethically according to standards as set by the
board; or
(11) Failed or refused to obey any lawful order or regulation of
the board.
(b) For purposes of this article and notwithstanding any other
provision of this article or any rules or regulations adopted by
the board, any person licensed or registered under this article
who has a bona fide employment or independent contract with a
physician, a physician group, or an entity with which a
physician has a legal compensation arrangement, including fair
market value wages, compensation, benefits, or rents for
services or property provided, or in which a physician has a
legal financial interest, including any direct or indirect
ownership or investment interest, shall not be deemed to be
engaged in conduct unbecoming a person licensed or registered
under this article, or to be engaged in conduct detrimental to
the best interest of the public, or to be in violation of any
other provision of this article by virtue of any of the above
relationships, and shall not be subject to licensure denial,
suspension, revocation, or any other disciplinary action or
penalty under this article: (1) by virtue of such employment or
contract, or (2) by virtue of the provision of physical therapy
services pursuant to a referral from the employing or
contracting physician, or from a physician with a legal
compensation arrangement with or a legal financial interest in
the employing or contracting physician group.
April 11, l985.
April 06, 1989.
June, 1999.
March 15, 2004
June 07, 2007
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