Learning Outcomes
- Discuss the purpose and highlights of the most recent Alabama Physical Therapy Practice Act.
- Discuss the purpose and highlights from the Alabama Board of Physical Therapy Administrative Code.
- Explain how to access and stay abreast of changes to the Alabama Physical Therapy Practice Act and the Alabama Board of Physical Therapy Administrative Code.
- Describe the role of physical therapy professionals in reporting child abuse and neglect in Alabam.a
- Define HIPAA and explain how physical therapy professionals can ensure HIPAA compliance.
Introduction
It is important to note that laws, rules, standards, and policies can change at any time. It is the licensee’s responsibility to stay abreast of changes, and the best way to do that is through the Alabama Board of Physical Therapy and the American Physical Therapy Association (APTA).
In Alabama, physical therapists can practice based on the Physical Therapy Practice Act, which is a statute or a formal written enactment by a legislative body declaring, commanding, or prohibiting something. Read the Practice Act and become familiar with it; today's course will only be an overview and touch on key highlights and any recent updates.
Statutes
A statute is the written will of the legislative body to solemnly express according to the forms necessary to constitute the law of the state. The primary role of the courts is to carry out the intent of the legislature. In our case, legislative acts declare what the practice of physical therapy is – that is, what actions physical therapists can perform and what actions are prohibited.
Alabama Physical Therapy Practice Act
The Alabama Physical Therapy Practice Act is contained in Section 34-24. This chapter shall be known as the Alabama Physical Therapy Practice Act.
The Alabama Physical Therapy Practice Act is available at www.pt.al.gov. The direct link is Alabama Physical Therapy Practice Act.
As noted, the board may adopt new rules or amend existing ones between complete editions, and if so, it will also list those on its website.
The legislative purpose and intent of the Practice Act are to protect public health, safety, and welfare and to provide the state with administrative control and supervision over the practice of physical therapy.
Division 1 General Provisions of the Alabama Physical Therapy Practice Act
Definitions 34-24-191
Definitions give us a common framework from which to begin a discussion on a particular topic or issue. Please review the definitions below for understanding throughout the rest of the course
- Board- The Board of Physical Therapy in Alabama. It was established by Section 34-34-192.
- Foreign Educated Physical Therapist- An individual trained or educated in physical therapy practice outside of the USA or any of its territories.
- Impaired- A physical therapy licensee who is unable to practice physical therapy with reasonable skill and safety due to reasons of illness, inebriation, excessive use of drugs, narcotics, alcohol, chemicals, or other substances, or as a result of any physical or mental condition
- Physical Therapy- Physical therapy involves using exercises, massage, heat, cold, water, light therapy, electricity, or sound to help improve or relieve physical or mental conditions and prevent disabilities. It also includes tests to assess muscle, nerve, and bone function. Any other approved methods taught in recognized schools may also be used as long as they follow state guidelines. However, physical therapy does not include radiology or surgical procedures using electricity.
- Physical Therapist- A person who practices physical therapy.
- Physical Therapist Licensee- A physical therapist or physical therapist assistant who is licensed under this practice act.
Physical Therapy Referrer- A healthcare professional authorized to refer patients for physical therapy. This includes licensed physicians, dentists, chiropractors, physician assistants working under a valid supervisory agreement, and certified registered nurse practitioners in collaboration with a licensed physician.
- Physiotherapist- Same as the term “physical therapist” and is used to identify only those persons licensed under this act. A licensed physical therapist may use the initials “P.T.” after their name or at their place of business to indicate their official certification.
- Physical Therapist Assistant- An individual who assists the physical therapist and whose treatments 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 practices only under the direction of a licensed physical therapist.
- Physical Therapy Aide- An individual trained under a physical therapist's direction and performs only designated and supervised routine tasks related to physical therapy.
- Restricted License
- For a physical therapist, a restriction or condition (or both) that the board has placed on a licensee regarding the scope, supervision, place of practice, duration of licensed status, and type or condition of patients to whom the therapist is allowed to provide services.
- For a physical therapist assistant, it is any restriction placed on the licensee by the board.
Board of Physical Therapy, 34-24-192 Generally
Composition of members
- Board consists of seven members with four physical therapist members, two physical therapist assistants and one consumer member.
- Members are appointed by the Governor from a list of five who were nominated by current licensees and certified by the board.
- The four physical therapist members are nominated from congressional districts and the physical therapist assistant members are to be nominated from the northern and southern areas of the state. A congressional district shall not be represented by two physical therapists when possible. The complete procedure for nominations is stated further in the practice act.
- The board membership is to be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.
- Terms are staggered so that one board member expires each year. Terms are five years and an individual cannot be appointed for more than two consecutive terms.
Qualification of members
Physical Therapist and physical therapist assistant board members need to have the following qualifications:
- Resident and citizen of the state of Alabama
- Practiced physical therapy as a physical therapist or physical therapist assistant in the state of Alabama for three years prior to appointment
- No disciplinary action against his or her license for three years prior to appointment to the board
Vacancies
If there is a vacancy within a year of the annual meeting of the original selection, the governor will choose another name from the list. A vacancy occurring prior to the next annual meeting after the initial appointment is filled by the Governor from a list of five names submitted by the current licensees of the board.
Officers
The board selects members in specific roles so that there is one as chair, one as secretary, and one as treasurer. All members of the board will receive a fee set by the board for each day performing their duties and will be reimbursed according to the state travel policy for other expenses.
Powers and Duties of the Board, Certification Fee, Administrative Fines and Impaired Practitioner Program, 34-24-193
- Determine the qualifications of applicants for licensing as physical therapists and physical therapist assistants, conduct examinations, and issue licenses and renewals to qualified physical therapists and physical therapist assistants under the Practice Act.
- Revoke or suspend licenses.
- Adopt rules and regulations that are not inconsistent with the law as they deem necessary to perform their duties.
- Maintain a list of every physical therapist and physical therapist assistant licensed or granted a compact privilege in Alabama, including the last place of business, personal home address, date, and license number.
- Makes the list of licenses available after application payment by any person.
- Hire personnel as needed to administer the provisions of the Practice Act.
- Establish and collect a fee for the issuance of a compact privilege.
- Hires and establishes the responsibilities and salary of the executive director.
- Establish and receive a fee certifying a licensee is in good standing with the Alabama board.
- Collect a fee from continuing education providers.
- Discipline licensees by collecting fines (not more than $1000 per violation) and may progress to legal proceedings to obtain compliance.
In subsections 1 and 2, the board established a program to support impaired practitioners with the goal of identifying, intervening, treating, and rehabilitating physical therapists or compact privilege holders who may be struggling with impairments due to illness, substance abuse (including drugs, alcohol, or chemicals), or physical or mental health conditions.
In subsection 3, to fulfill this responsibility, the board may partner with a nonprofit organization or medical professional association to establish and support the Alabama Physical Therapy Wellness Committee. The board will determine how the committee members are selected. The board may use available funds to cover the committee’s operating expenses, including travel costs, office overhead, and staff salaries. These funds are exempt from any legal requirements for competitive bidding.
In subsection 4, the board may partner with a nonprofit organization or medical professional association to handle specific responsibilities outlined in their agreement. These responsibilities may include:
- Contracting with treatment program providers
- Reviewing and assessing reports of possible impairment from any source.
- Intervening when impairment is confirmed.
- Referring impaired physical therapists or compact privilege holders to appropriate treatment programs.
- Overseeing their treatment and rehabilitation progress.
- Providing continued monitoring and support after rehabilitation.
- Carrying out any additional tasks agreed upon by the board and the committee.
In subsection 5, the committee, in consultation with the board, must establish procedures for the following:
- Regularly reporting statistical data on the activities of the impaired physical therapy licensee program.
- Periodically sharing and reviewing relevant information with the board, including reports received, contracts made, investigations conducted, and the outcomes of each case.
However, the committee cannot disclose any personally identifiable information unless specifically allowed by this article.
In subsection 6, Anyone serving on the committee, including volunteers, consultants, attorneys, employees, or other personnel acting within their authorized duties, is protected from any civil or criminal liability. This protection also applies to any nonprofit organization, medical professional association, or entity that contracts with or receives funding from the board to support or operate the committee.
In subsection 7, all information gathered or created by the committee, including reports, interviews, statements, and findings from investigations or treatment programs, is strictly confidential. These records are only for the committee’s use in carrying out its duties and cannot be made public, subpoenaed, or used in legal discovery. However, if a physical therapist or compact privilege holder violates a contract with the committee, records related to that breach may be shared with the board for disciplinary purposes. This confidentiality rule does not apply to a therapist’s regular business records, and any information that exists outside the committee’s proceedings can still be used in legal cases.
In subsection 8, The committee must submit a yearly report to the board detailing its activities and decisions from the previous year. Additionally, the committee must notify the board if it believes a licensed physical therapist or compact privilege holder is unable to safely perform their duties due to illness, substance abuse, or a physical or mental condition. If the individual is in need of treatment or rehabilitation but refuses to participate in a recommended program, the committee must report them. Submitting a report to the Alabama committee is considered the same as reporting to the board for any legally required impairment disclosures.
In subsection 9, If the board has reasonable cause to believe that a physical therapy licensee is impaired, the board may cause an evaluation of the physical therapy licensee to be conducted by the committee for the purpose of determining if there is an impairment. The committee shall report the findings of its evaluation to the board.
