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Tennessee Jurisprudence for Physical Therapists and Physical Therapist Assistants

Tennessee Jurisprudence for Physical Therapists and Physical Therapist Assistants
Calista Kelly, PT, DPT, ACEEAA, Cert. MDT
November 30, 2023
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Learning Objectives

After this course, the participant will be able to: 

  • Explain how to access the most recent TN Physical Therapy Practice Act 
  • Identify at least two statutes that affect the practice of physical therapy in Tennessee
  • Describe the role of regulations on the practice of physical therapy in Tennessee
  • Explain the role of the attorney general in publishing opinions affecting the practice of physical therapy in Tennessee
  • Describe the role of the Board of Physical Therapy in the practice of physical therapy in Tennessee

Introduction

It is important to note that laws and rules, as well as 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 Tennessee Board of Physical Therapy and the American Physical Therapy Association (APTA).

In Tennessee, physical therapists practice based upon 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 in its entirety and become familiar with it; this course today will only be an overview and touch on a few key highlights.

Statutes

A statute is the written will of the legislative body to solemnly express according to the forms necessary to constitute the state's law. The primary role of the courts is to carry out the legislature's intent.  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.

Tennessee Physical Therapy Practice Act

The Tennessee Physical Therapy Practice Act is contained in Title 63, Chapter 13, Parts 1, 3, and 4 of the Tennessee Code Annotated. This chapter shall be known and may be cited as the Occupational and Physical Therapy Practice Act. When this title was first enacted, it compiled both the Occupational and Physical Therapy Practice Acts, so there will be some overlap between our Physical Therapy Practice Act and the Occupational Therapy Practice Act. 

The latest edition is available from the Tennessee Board of Physical Therapy here.  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 the public health and safety and welfare and to provide the state administrative control and supervision over the practice of physical therapy and, of course, occupational therapy." 

Physical Therapy Practice Act Part 1: Definitions

Definitions give us a common framework from which to begin a discussion on a particular topic or issue.  These definitions are found in Title 63, Chapter 13, Part 1 (General Provisions) of the Tennessee Code.

63-13-103 (12) Onsite Supervision

The term onsite supervision means either the supervising physical therapist or supervision physical therapist assistant must:

(A) Be continuously onsite and present in the department or facility where assistive personnel are performing services;

(B) Available immediately to assist the person being supervised 

(C) Be involved continuously in the appropriate aspects of the treatment session in which a component of treatment is delegated to the assistive personnel.   

63-13-103(13): Physical Therapist

The definition of a "physical therapist" or "physiotherapist"  is a person who is licensed, according to Title 63, Chapter 13, to practice physical therapy.

63-13-103(14): Physical Therapist Assistant

A physical therapist assistant (PTA) is a person who meets the requirements of this chapter for licensure as a physical therapist assistant and who performs physical therapy procedures and related tasks that have been selected and delegated only by the supervising physical therapist.

63-13-103(15): Physical Therapy

Physical therapy comprises treatment furnished by or under the direction and supervision of a licensed physical therapist.

63-13-103(16): Physical Therapy Assistive Personnel

(A) Other assistive personnel refers to trained healthcare workers who are not PTAs or physical therapy aides and who perform designated physical therapy-related tasks under the supervision of a physical therapist; at the supervising therapist's discretion and provided no law prohibits it, they may use titles reflecting their specific education and credentials.

(B) A physical therapy aide, also known as a technician or transporter, refers to someone trained by and working under the direction of a physical therapist to carry out designated supervised routine tasks.

63-13-103(17): Practice of Physical Therapy means: 

A) Examining, evaluating, and testing individuals with mechanical, physiological, and developmental impairments, functional limitations and disabilities, or other health and movement-related conditions to determine a physical therapy treatment, diagnosis, prognosis, a plan of therapeutic intervention, and to assess the ongoing effect of an intervention.

B)  Alleviating impairments and functional limitations by designing, implementing, and modifying therapeutic interventions that include, but are not limited to, therapeutic exercise, functional training, manual therapy, therapeutic massage, assistive and adaptive orthotic, prosthetic, protective and supportive equipment, airway clearance techniques, debridement and wound care, physical agents or modalities, dry needling, mechanical and electrotherapeutic modalities, and patient-related instruction.

C) Reducing the risk of injury, impairments, functional limitation, and disability, including the promotion and maintenance of fitness, health, and quality of life in all age populations, and

D) Engaging in administration, consultation, education, and research.

63-13-103 (18) Restricted Physical Therapist Assistant License

A "restricted physical therapist assistant license" refers to a license with practice restrictions imposed by committee action

63-13-103 (19) Restricted Physical Therapy License

A "restricted physical therapy license" refers to a license the committee has conditioned with practice limitations pertaining to scope, setting, supervision, duration, or patient type.

63-13-103(20): Supervision

Supervision of a physical therapist assistant entails the supervising physical therapist being readily available, with immediate telecommunication access for offsite settings; it requires regularly scheduled, documented patient conferences and supervisory visits as detailed in the rules and regulations discussed later. 


calista kelly

Calista Kelly, PT, DPT, ACEEAA, Cert. MDT

Senior Managing Editor, PhysicalTherapy.com

Calista holds a master’s degree in physical therapy from St. Ambrose University and a doctorate degree (DPT) from the University of Mississippi. She attained a credentialing certificate from the McKenzie Institute in 2011 and the CEEAA credential in 2014 from the Academy of Geriatric Physical Therapy of the American Physical Therapy Association. In 2019, she completed the requirements for the Advanced Credentialed Exercise Expert for Aging Adults (ACEEAA) through the Academy of Geriatric Physical Therapy.  Calista has been licensed as a physical therapist since 2001 and has worked as a clinician in a variety of settings including ICU, outpatient orthopedics/sports medicine, neuro, SNF/LTC, LTACH, wound care, home health, and pediatrics.



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