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Physical Therapist State Practice Act:
(Title 32: Professions and Occupations Chapter 45-A)
(§3111)
(§3112)
(§3113-A)
(§3114-A)
(§3115)
(§3116)
(§3117-A)
(§3118)
As used in this chapter, unless the context indicates otherwise, the
following terms shall have the following meanings. [1979, c. 555, §
2.]
1. Board "Board" means the Board of Examiners in
Physical Therapy as created in section 3112. [1979, c. 555, § 2 (new).]
2. Direction "Direction" means continuing verbal and written
contact by a physical therapist with a physical therapist assistant including
periodic on-site supervision adequate to ensure the safety and welfare
of the patient. [1979, c. 555, § 2 (new).]
3. Physical therapist "Physical therapist" means a person
who practices physical therapy. [1979, c. 555, § 2 (new).]
4. Physical therapist assistant "Physical therapist assistant"
means a person who assists in the practice of physical therapy. [1979,
c. 555, § 2 (new).]
5. Physical Therapy "Physical therapy" means the evaluation,
treatment and instruction of human beings to detect, assess, prevent,
correct, alleviate and limit physical disability, bodily malfunction and
pain from injury, disease and any other bodily condition; the administration,
interpretation and evaluation of tests and measurements of bodily functions
and structures for the purpose of treatment planning; the planning, administration,
evaluation and modifiction of treatment and instruction; and the use of
physical agents and procedures, activities and devices for preventive
and therapeutic purposes; and the provision of consultative, educational
and other advisory services for the purpose of reducing the incidence
and severity of physical disability, bodily malfunction and pain. [1979,
c. 555, § 2 (new).]
6. Practice of physical therapy "Practice of physical therapy"
means the rendering or offering to render any service involving physical
therapy for a fee, salary or other compensation, monetary or otherwise,
paid directly or indirectly. [1979, c. 555, § 2 (new).]
7. Referral "Referral" means the request of a doctor
of medicine, surgery, osteopathy, podiatry or dentistry to a physical
therapist to accept one of his patients for treatment. [1983, c. 468,
§ 9 (amd).]
Board created; appointment;
powers and duties
The Board of Examiners in Physical Therapy, as established by Title 5,
section 12004-A, subsection 31, and within the Department of Professional
and Financial Regulation, shall consist of 2 physical therapists, one
physical therapist assistant, one physician and one public member. [1989,
c. 503, Pt. B, §138 (amd).]
1. Appointment Members of the board are appointed by the Governor
for a term of 4 years. Appointments of members must comply with section
60.
A member of the board may be removed from office for cause by the Governor.
[1993, c. 600, Pt. A, §196 (amd).]
2. Meetings The board shall meet at least once a year to conduct
its business and to elect a chair and a secretary, who serve for 2 years.
Additional meetings must be held as necessary to conduct the business
of the board and may be convened at the call of the chair or a majority
of the board members. The board shall keep records and minutes as are
necessary to the ordinary dispatch of its functions. [1995, c. 397, §49
(amd).]
3. Officers The chairman shall be empowered to administer oaths
in matters connected with the duties of the board. The secretary shall
keep accurate minutes of meetings and carry on official correspondence.
[1979, c. 555, §2 (new).]
4. Quorum Three members of the board shall constitute a quorum
for all purposes. [1983, c. 413, §128 (rpr).]
5. Powers and duties The board shall have the following powers
and duties:
A. To review the qualifications of applicants for licensure
and to license physical therapists and physical therapist assistants who
qualify under this chapter; [1979, c. 555, §2 (new).]
B. To conduct physical therapist and physical therapist assistant examinations
and to establish passing standards; [1979, c. 555, §2 (new).]
C. To make rules in accordance with this chapter necessary for the enforcement
of its authority and performance of its duties consistent with the provisions
of Title 5, chapter 375; [1979, c. 555, §2 (new).]
D. To establish and charge reasonable fees for issuing and renewing licenses,
administering examinations and supplying information to applicants, licensees
and the general public; [1979, c. 555, §2 (new).]
E. To order investigation of a complaint on its own motion or on written
complaint filed with the board regarding noncompliance with or violation
of any section of this chapter or of any rules adopted by the board; [1979,
c. 555, §2 (new).]
F. To conduct hearings to assist with investigations, to determine whether
grounds exist for suspension, revocation or denial of a license, or as
otherwise deemed necessary to the fulfillment of its responsibilities
under this chapter.
The board shall not refuse to renew a license for any reason other than
failure to pay a required fee, unless it has afforded the licensee an
opportunity for an adjudicatory hearing. The board shall hold an adjudicatory
hearing at the written request of any person who is denied a license without
a hearing for any reason other than failure to pay a required fee, provided
that the request for hearing is received by the board within 30 days of
the applicant's receipt of written notice of the denial of his application,
the reasons therefor and his right to request a hearing. Hearings shall
be conducted in conformity with the Maine Administrative Procedure Act,
Title 5, chapter 375, subchapter IV, to the extent applicable. The board
may subpoena witnesses, records and documents in any hearing it conducts;
[1983, c. 413, §129 (rpr).]
G. After hearing, to censure or proceed as provided in section 3117. [1979,
c. 555, §2 (new).]
H. To maintain a register containing names and addresses of each person
licensed and other information that is considered necessary by the board
and the Commissioner of Professional and Financial Regulation. This information
is open for public inspection during regular office hours; and [1999,
c. 386, Pt. K, §1 (amd).]
I. To submit, no later than August 1st of each year to the Commissioner
of Professional and Financial Regulation for the preceding fiscal year
ending June 30th, an annual report of its operations and financial position
together with such comments and recommendations as the board considers
essential. [1995, c. 397, §50 (amd).]
License required; limitations and exceptions Back
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A person may not practice or profess to be authorized to practice as
a physical therapist in this State or use the words "physical therapist"
or the letters "P.T." or other words or letters to indicate
that the person using those words or letters is a licensed physical therapist
unless that person is licensed in accordance with the provisions of this
chapter. [1991, c. 178, §3 (new).]
After one year from the effective date of this chapter, a person may
not act or profess to be able to act as a physical therapist assistant
in this State or use the words "physical therapist assistant"
or the letters "P.T.A." or other words or letters to indicate
that the person using those words or letters is a licensed physical therapist
assistant unless that person is licensed in accordance with the provisions
of this chapter. [1991, c. 178, §3 (new).]
Nothing in this chapter may be construed as authorizing a physical therapist
or physical therapist assistant, licensed or not licensed, to practice
medicine, osteopathy, dentistry, chiropractic or any other form of healing,
except that physical therapists may utilize manipulative techniques if
practiced within the scope of their profession. Physical therapists may
not apply manipulative thrust to the vertebrae of the spine except upon
consultation with, and referral by, a duly licensed doctor of medicine,
surgery, chiropractic or osteopathy. A licensed physical therapist or
physical therapist assistant may not administer drugs except upon the
referral of a duly licensed doctor of medicine, surgery, osteopathy, podiatry
or dentistry, and may not use roentgen rays or radium or use electricity
for surgical purposes. A licensed physical therapist assistant may act
only under the direction of a physical therapist licensed to practice
in this State. [1991, c. 178, §3 (new).]
When treating a patient without referral from a doctor of medicine,
osteopathy, podiatry, dentistry or chiropractic, the physical therapist
or physical therapist assistant is subject to the following requirements.
[1991, c. 178, §3 (new).]
1. No medical diagnosis A physical therapist or physical
therapist assistant may not make a medical diagnosis. The physical therapist
or physical therapist assistant shall refer to a licensed doctor of medicine,
osteopathy, podiatry, dentistry or chiropractic a patient whose physical
condition, either at the initial evaluation or during subsequent treatment,
the physical therapist or physical therapist assistant determines to be
beyond the scope of the practice of the physical therapist or physical
therapist assistant. [1991, c. 178, §3 (new).]
2. No improvement If no improvement in the patient is documented
by the physical therapist or physical therapist assistant within 30 days
of initiation of treatment, the physical therapist or physical therapist
assistant shall refer the patient to a licensed doctor of medicine, osteopathy,
podiatry, dentistry or chiropractic. [1991, c. 178, §3 (new).]
3. Length of treatment For treatment required beyond 120 days,
the physical therapist or physical therapist assistant shall consult with,
or refer the patient to, a licensed doctor of medicine, surgery, osteopathy,
podiatry, dentistry or chiropractic. The physical therapist or physical
therapist assistant shall document the action taken. [1991, c. 178, §3
(new).]
An employer is not liable under Title 39-A, section 206 for charges for
services of a physical therapist or physical therapist assistant unless
the employee has been referred to that practitioner by a licensed doctor
of medicine, surgery, osteopathy, chiropractic, podiatry or dentistry.
[1991, c. 885, Pt. E, §41 (amd); §47 (aff).]
Qualification; application Back
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1. Qualification To qualify for a license as a physical therapist
or physical therapist assistant, an applicant must meet the following requirements:
A. Demonstrate that the applicant is trustworthy and competent
to engage in practice as a physical therapist or physical therapist assistant
in such manner as to safeguard the interests of the public; [1999, c.
386, Pt. K, §3 (amd).]
B. Be a graduate of an educational program for the physical therapist
or the physical therapist assistant that is accredited by an agency recognized
by the United States Commissioner of Education or the Council on Post-Secondary
Accreditation, or both, and approved by the board; or if the applicant
has been trained in another country, present satisfactory evidence that
the applicant has graduated from a school of physical therapy approved
or accredited in the country where the school is located and have educational
credentials equivalent to those of the United States trained physical
therapist or physical therapist assistant; and [1999, c. 386, Pt. K, §3
(amd).]
C. Pass an examination, approved by the board, to determine the applicant's
fitness to practice as a physical therapist or to act as a physical therapist
assistant. The board may waive the examination requirement for an applicant
who is currently licensed in another state by virtue of having previously
passed a qualifying examination acceptable to the board, provided that
the passing standards for the examination were equivalent to those then
required by the law of this State. [1983, c. 413, § 133 (amd).]
Applicants trained in another country must demonstrate proficiency in
written and spoken English. [1999, c. 386, Pt. K, §3 (amd).]
2. Application To apply for a license as a physical therapist or
physical therapist assistant, an applicant shall:
A. Submit a written application with supporting documents to
the board on forms provided by the board; and [1983, c. 413, § 134
(rpr).]
B. Pay an application fee established by the board in an amount not to
exceed $75. [1999, c. 386, Pt. K, §4 (amd).]
In case the application is denied and permission to take the examination
refused, the examination fee only must be returned to the applicant. An
applicant who fails to pass the examination is entitled to a reexamination
within 6 months upon repayment of the examination fee only. If an applicant
fails one section of the examination, that applicant must repeat the entire
examination. An applicant may not take any part of the examination more
than 3 times, unless that applicant submits evidence of having acquired
additional formal education related to the previously failed examination
section or sections. [1999, c. 386, Pt. K, §4 (amd).]
The board shall license any applicant who meets the requirements of
this chapter and pays the biennial licensure fee specified in section
3116. The fee for original licenses effective for one year or less during
the biennial licensing period shall be 1/2 the fee specified in section
3116. Each person licensed shall receive a certificate. Every certificate
of licensure and renewal certificate for the current biennium shall be
conspicuously displayed at the place of employment of the licensee. A
certificate of licensure as a physical therapist shall entitle the person
to whom it is granted to engage in the practice of physical therapy anywhere
in this State and to use the words "physical therapist" or letters
"P.T." to indicate that he is licensed in this State. A certificate
of licensure as a physical therapist assistant shall entitle the person
to whom it is granted to act as a physical therapist assistant and to
use the words "physical therapist assistant" or letters "P.T.A."
to indicate that he is licensed in this State. [1983, c. 413, § 136
(amd).]
Biennial licensure renewal; fees Back
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All licenses must be renewed biennially on or before March 31st of each
even-numbered year or at such other times as the Commissioner of Professional
and Financial Regulation may designate. The biennial licensure renewal
fee may not exceed $60. Any license not renewed by March 31st automatically
expires. The board may renew an expired license if the renewal notice
is returned within 90 days of the expiration date and upon payment of
a late fee of $10 in addition to the renewal fee. Any person who submits
an application for renewal more than 90 days after the license expiration
date is subject to all requirements governing new applicants under this
chapter, except that the board may in its discretion, giving due consideration
to the protection of the public, waive examination if the renewal application
is made within 2 years from the date of that expiration. [1999, c. 386,
Pt. K, §5 (amd).]
Revocation and reissuance Back
to top
The board may suspend or revoke a license pursuant to Title 5, section
10004. In addition, the board may refuse to issue or renew a license or
the District Court may revoke, suspend or refuse to renew a license of
a physical therapist or physical therapist assistant for any of the following
reasons: [1983, c. 413, §139 (new); 1999, c. 547, Pt. B, §78
(amd); §80 (aff).]
1. Fraud The practice of fraud or deceit in obtaining
a license under this chapter or in connection with service rendered as
a licensed physical therapist or physical therapist assistant; [1983,
c. 413, §139 (new).]
2. Addiction Addiction, as confirmed by medical findings, to the
use of alcohol or other drugs, which has resulted in the licensed physical
therapist or physical therapist assistant being unable to perform his
duties or perform those duties in a manner which would not endanger the
health or safety of the patients to be served; [1983, c. 413, §139
(new).]
3. Incompetency A medical finding of mental incompetency; [1983,
c. 413, §139 (new).]
4. Accomplice Aiding or abetting a person not duly licensed as
a licensed physical therapist or physical therapist assistant in representing
himself as a licensed physical therapist or physical therapist assistant;
[1983, c. 413, §139 (new).]
5. Misconduct Any gross negligence, incompetency or misconduct
in the practice of physical therapy; [1983, c. 413, §139 (new).]
6. Criminal conviction Subject to the limitations of Title 5, chapter
341, conviction of a Class A, B or C crime or of a crime which, if committed
in this State, would be punishable by one year or more of imprisonment;
or [1983, c. 413, §139 (new).]
7. Violation Any violation of this chapter or any rule adopted
by the board. [1983, c. 413, §139 (new).]
Any person may file a complaint against any licensed physical therapist
or physical therapist assistant. Any complaint shall be in writing, shall
be sworn to by the person making it and shall be filed with the secretary
of the board. The board may direct the department to reissue a certificate
of licensure as a physical therapist or physical therapist assistant to
any person whose license has been revoked, provided that 4 or more members
of the board vote in favor of that reissuance. A new certificate of licensure
as a physical therapist or physical therapist assistant to replace any
certificate revoked, lost, destroyed or mutilated, may be issued, subject
to the rules of the board. [1983, c. 413, §139 (new).]
1. Penalties Any person who practices, or holds himself out as
authorized to practice, as a physical therapist in this State without
first obtaining a license as required by this chapter, or after the license
has expired or has been suspended or revoked or temporarily suspended
or revoked, is guilty of a Class E crime. [1983, c. 413, §139 (new).]
2. Injunction The State may bring an action in Superior Court to
enjoin any person from violating this chapter, regardless of whether proceedings
have been or may be instituted in the District Court or whether criminal
proceedings have been or may be instituted. [1983, c. 413, §139 (new);
1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
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