Cal-Law Flashcards
(176 cards)
1
Q
Physical Therapy Definition
A
The promotion and maintenance of physical fitness through the use of physical therapy interventions in order to enhance the bodily movements as related to the health and wellness of individuals
2
Q
What properties may be included in PT interventions?
A
heat, light, water, electricity, exercise-based interventions
3
Q
Who is the physical therapist of record?
A
The PT that completed the initial evaluation
- this title can be transferred to another therapist but it must be done in writing
4
Q
What is another name for physical therapy?
A
physiotherapy
5
Q
Another name for physical therapy aide
A
physical therapy technician
6
Q
5 Powers and Duties of the PT Board of California
A
- Protect the public above ALL else
- Board can issue, suspend, revoke, and discipline PT licensees in CA
- Board can inspect PT facilities and patient records
- hear all maters regarding reinstatement or modification of probation
- Board can investigate each applicant to determine if the requirements for licensure have been met
7
Q
If the CA board requests patient’s records they must be released within ___ days or a penalty of _____ dollars will occur every day starting on the ___th day.
A
15
1000
16th
8
Q
How many board members are there/who are they?
A
1 PT involved in the edu of SPTs
3 PTs with greater than 5 yrs of experience
3 public citizens of CA not licensed PTs or licensed by any other medical board
7 members total
9
Q
The _______ appoints the physical therapy members and one public member
A
Governor of California
10
Q
Who determines the president and vice president of the board?
A
The elected board members
11
Q
What is the term of a California PT board member?
A
4 years, expires 1st day of June
12
Q
What is the max term length for a PT board member?
A
No person can serve more than two consecutive terms - 8 years max
13
Q
Qualifications required for Licensure
A
- > 18 yrs of age
- not addicted to any substance
- completed edu and training for PTs and or PTAs
- not committed any crimes
14
Q
How long can someone work as a PTLA?
A
A graduate can work as a PTLA under DIRECT and IMMEDIATE supervision of a licensed physical therapist for 120 days pending the results of the first licensing exam for which he/she is eligible
15
Q
What must a licensed therapist do to have a PTLA working for them?
A
They must be on-site at ALL times and have a documented receipt of the letter authorizing the PTLA to practice and the record of the expiration date of their status
16
Q
When does PTLA status become PT status?
A
- Passing NPTE + getting license issued
17
Q
How to lose PTLA Status
A
- exam is failed
- licensure denied
- applicant does not take exam during first possible test cycle
18
Q
Can a PTLA supervise a PTA or aide?
A
NO DEF NOT
19
Q
What is PTALA?
A
Physical Therapy Assistant Licensed Applicant
20
Q
What is the alternative route to PTA licensure?
A
- proper training and adequate experience equivalent to that received at a PTA school and they meet the requirements for licensure
21
Q
Who creates the licensing examination for physical therapists and assistants?
A
Federation of State Boards of Physical Therapy
22
Q
What are the exams required to obtain license?
A
State laws and regulations
NPTE
23
Q
How many times is an applicant allowed to sit for an NPTE in a 12 month time period?
A
3 times
24
Q
Do you have to send a new application and pay the fee again if you haven’t passed the NPTE in one year from the original notice?
A
YES
25
What happens if it has been five years since the initial license fee and you haven't passed the NPTE?
the application is determined to be ABANDONED
26
Where it the PT board of California located?
Sacramento
27
When can an applicant be issued a license without written examination?
If these 3 criteria are made:
1. Applicant is licensed as a physical therapist or physical therapist assistant in a state, district, or territory of the U.S. and has met the requirements for license
2. The applicant is a graduate of a physical therapist or physical therapist assistant education program
3. the applicant files an applicant with the board
28
What happens to any applicant that fails to pass the NPTE and wants to retake it?
- retake it and pay the re-examination fee
29
What must a PT school include and who determines the educational requirements?
- must include clinical internship and academic course work
- determined by CAPTE (Commission on Accreditation in Physical Therapy Education)
30
How many weeks of clinical experience are required for PT and PTA students in an accredited program?
-18 weeks PT
- 16 weeks PTA
(full time clinical work experience)
31
What educational programs are approved by the board?
programs that satisfy the minimal educational requirements and maintain them
32
Application Fee
$300
33
Why is there an examination fee?
To develop, grade, and administer the exam
34
Initial License Fee
$150
35
Biennial Renewal Fee
$300
36
Delinquency Fee
$150 (half the app fee)
37
Duplicate wall certificate & renewal receipt
50 dollar
38
Endorsement or letter of good standing price
$60
39
Foreign Education Requirements
1. Full transcript of professional instruction completed and submitted from an official from the PT education program that was attended
2. Proficiency in English assessed from TOEFL (test of foreign language)
3. 9 months of clinical service with an APTA-certified CI at an approved location
- month can be waived for every month of clinical service outside state of CA up to 3 months 9 months
- written NPTE must be passed prior to participation in clinical service as a PT licensed applicant
40
APTA-CI for foreign-trained PT Requirements
- CI must have completed Clinical Site information form (does midterm and final eval)
- Direct supervision is to be maintained by the CI at all times of patient care
41
What happens if the foreign-trained PT does not meet standards for the NPTE but education is sufficient?
They can sit for the NPTAE (PTA exam)
42
When does a license expire?
At 12 AM on the last day of the birth month of a licensee during the 2nd year of the two year license term
43
The PTBC will send a notice of the renewal requirements ____ days prior to the expiration date.
60
44
Who is exempt from renewal fees?
1. Military training or service engaged in full-time training or active service
2. Retired licensee
45
(T/F) If someone in military training/service is exempt from the renewal payment they can perform PT anywhere
FALSE
- can only perform PT related to their military service
46
Upon discharge from full-time active service from the military the licensee has ____ days to pay the renewal fee
60
47
(T/F) If discharged from active service within 60 days of the end of the renewal period then the licensee is exempt from that pay period
TRUE
48
How many hours/CEUs must be completed every 2 years?
30 hours or 3 CEUs
49
TuHow do you renew your license?
Apply for renewal on a board-approved form, pay the renewal fee, submit proof of completion of continuing education or competency as required by the board
50
How many hours is one continuing education unit? (CEU)
10
51
How many hours must be submitted for first-time license renewal?
15 hours
and it must be submitted before the expiration of the license
52
What are the requirements for at least 2 hours and then 4 hours for every cycle?
2 hours in ethics/laws/regs or some combination as well as 4 hours in life support for healthcare providers every renewal cycle
53
T/F: Life support classes must be comparable to or better than Americal Health Association's BLS course for health care providers
true
54
Licensees must keep a record of continuing education for at least ____ years.
five
55
5 Requirements a Licensee must demonstrate for exemption
1. Evidence that during the renewal period prior to expiration, the licensee was residing in another country for a year or longer
2. Evidence of absence from CA due to military service for a period of one year or longer
3. Health reasons (total physical or mental disability for one year or more), inability to work verified by physician or psychologist
4. Physical or mental disability of an immediate family member for whom the licensee is responsible (verified by physician or psychologist)
5. Renewal fee can be waived if practice is voluntary (continuing education still needed)
56
Can an exemption be granted for two consecutive renewal periods?
NO
57
What would make a license "inactive status"
if exemption is needed for two or more renewal status
58
If a license is at "inactive status" can the licensee work as a physical therapist?
No, and they cannot engage in any activity that requires an active PT license
59
How to return to an active license
- pay the renewal fee
- continuing competency fees
- complete 30 hours of ConEd (amount required for single renewal fee)
60
A license that has expired may be renewed within ____ years upon what terms?
5 years
payment of accrued and unpaid renewal fees
satisfaction of continuing education
61
Can you renew a license after its been expired for 5 years?
NO cannot renew, reissue, reinstate but can apply for a NEW license
62
If you renew your license after its been expired for 5 ears do you have to retake the NPTE?
YES
63
How many CEU hours can you get from publishing a peer-reviewed journal article, case study, or book chapter and what is the conversion?
16 hours
5 hours per article, study, or chapter
64
How many CEU hours can you get for developing or presenting an approved CEU course and what is the conversion?
16 hours
4 hours each course
65
How many CEU hours can you get for participating as subject matter expert in the exam process for the Board, FSBPT, or ABPTS and what is the conversion?
16 hours
6 hours per experience
66
How many CEU hours can you get for serving on a task appointed by Board and what is the conversion?
16 hours
6 hours per experience
67
How many CEUs can you get for being a CI (must be credentialed by APTA or similar credentials)
12 hours
1 hour per week
*student must be full time and rotation at least 4 weeks
68
How many CEUs do you get for attending a conference relating to the practice of physical PT and what's the conversion?
8 hours
2 hours per conference
69
CEUs for attending a board meeting and conversion
8 hours
2 hours per meeting
70
CEUs for completing a FSBPT practice review tool
6 hours
6 hours per experience
71
CEUs for passing a Specialist exam (including recertification) and conversion
6 hours
6 hours per exam (you have to pass)
72
CEUs for completing training as an expert consultation for the Board
6 hours
6 hours per training
73
CEUs for passing the CA law exam
2 hours
2 hours per exam
74
What can con ed approval agencies do?
Review a proposed con ed course and approve it in order for the participants to receive continuing education credit
75
Once a continuing education course is approved the agency must conduct internal audits on ____ % of its approved providers' courses
10
76
T/F the agency (for CEs) must have a procedure to respond to complaints
true
77
What must be in place if the Con Ed approval agency also provides continuing education?
A procedure to avoid conflict of interest
78
What must course providers have?
appropriate training or certification to teach the subject matter that is pertinent to the practice of physical therapy
79
What must each course have?
Syllabus with learning objectives
education goals
bibliography
course schedule OR outline
80
What must be done if more than one party creates the course?
Delineation and specification of both parties
81
Is periodic review of course material for con ed required?
YES
82
Does a con Ed course need a procedure to respond to complaints?
YES
83
For how many years must con ed course providers maintain records?
Seven years following the class date
84
Is disclosure of any financial interest in products sold during the course required?
NO its recommended
85
Certification of completion is required to allow the participants to maintain the certificate in their personal records for the mandatory ___ years
5
86
Is a license required when performing physical therapy for compensation?
YES a valid, unrestricted, unexpired, unrevoked license is required
87
Who issues and files licenses?
PTBC
88
What can happen to a license if the board determines that improper handling of examination info occurred?
the license can be denied
89
Can physical therapists penetrate tissues for the purpose of evaluating neuromuscular performance? (Electroneuromyography)
YES but only with specific authorization of MDs or surgeons and ONLY for the purpose of evaluating NOT diagnostic/prognostic interpretations
- this includes evaluations of specific abnormal potentials and evoked responses
90
How many hours of training under a licensed PT or physician does someone need for the certification to perform electroneuromyography?
400 hours of training
200 electroneuromyography examinations
91
What is Kinesiological Electromyography?
phasic activity of individual or multiple muscles in relation to another physical or physiological event or exercise, does NOT include the evaluation of specific abnormal potentials or evoked responses
92
What are the hours needed for certification in kinesiological electromyography?
200 hours under a licensed PT or physician authorized to perform kinesiological electromyography AND 50 kinesiologic electromyographic examinations
93
When are certificates for penetration of tissues renewed?
Every 2 years with the PT's license
94
How much is the exam fee, application fee, and renewal fee for certification of penetration of tissues?
500- exam
100- application
50- renewal
95
With relation to tissue penetration what must the patient hand out and posted sign read?
- performed in accordance with the Physical Therapy Practice Act
- findings in this report do not represent diagnostic interpretations or diagnoses
- findings are intended for integration by physician and surgeon + other tests in finding diagnosis
96
What titles can a licensed physical therapist use?
Physiotherapist
Licensed Physical Therapist
Registered physiotherapist/physical therapist and corresponding initials
- PT
- LPT
- RPT
97
In written communication can a physical therapist refer to themselves as Doctor or Dr?
yes BUT ONLY if they immediately follow their name by an UNABBREVIATED specification of degree
Dr. Marcela Gonzalez, Doctorate of physical therapy
(DPT is not sufficient)
98
In spoken a communication can a physical therapist refer to themselves as Doctor?
yes but only if they follow it with specification that they're a physical therapist
Hi I am Dr. Marcela Gonzalez, I'll be your physical therapist today
99
What titles can a Physical Therapy Assistant use?
"physical therapy assistant"
"physical therapist assistant"
PTA
100
What titles must a student use?
PT student (not finished with course work)
PT intern (finished with course work)
PTA student must clarify that its assistant
101
What must the name of a physical therapy corporation include?
"physical therapy"
"physical therapist"
102
What does the Moscone-Knox Professional Corporation Act state?
a corporation will render a professional service in a single profession
- gov agency referred to in this act is the Physical Therapy Board of California
103
Who should be a licensed person in a physical therapy corporation
each shareholder, director, and officer
104
Can a disqualified shareholder who is unable to provide services at the corporation receive income from the PT corporation?
no
105
(T/F) the shares of a disqaulified or deceased shareholder shall be sold to the corporation or to the remaining shareholders
True
106
Physical therapists should own what percentage of shares in a PT corporation?
51%
non-physical therapist shares should not exceed 49%
107
Professionals who can own shares in a physical therapy corporation
Medical doctors, including naturopathic physicians & psychologists
Acupuncturists
OTs
SLPs
RNs
PAs
108
If a professional corporation has one shareholder what will there other titles of the corporation be?
President and treasurer
109
If two shareholders are present, what positions will be filled?
President
Vice President
Secretary
Treasurer
110
Can physical therapists own shares in more than one corporation?
YES
111
When there are two or more shareholders and one dies or becomes disqualified, the shares must be sold and transferred no later than:
6 months following the death of the shareholder
90 days after the date that the shareholder becomes disqualified
112
Can physical therapists prescribe medication
ABSOLUTELY NOT
- all topical meds shall be ordered on a specific basis by a practitioner who can prescribe meds
113
Can topical meds be administered by PTs?
Yes through direct application, iontophoresis (electrical) or phonophoresis (ultrasound)
114
What must written protocols for the administration of medication include? And is a prescription required?
Must include:
- description of medications, actions, indications/contraindications, and proper procedure/technique for application
YES prescription is required
115
What are PT-approved topical medications?
- Bacteriacidal agents
- Debriding agents
- topical anesthetic agents
- anti-inflammatory agents
- anti-spasmodic agents
- adrenocortical steroids
116
How many PTAs can a PT supervise?
Max of 2
117
Does a PT need to be in the same location as a PTA for adequate supervision?
No, telephone communication is sufficient
ex. home health services (PTA)
118
The physical therapist is responsible for ____ as well as ____ of the physical therapist assistant
patient care
documentation
119
Can a PTA perform measurements or collect data prior to physical therapist evaluation of the pt?
NO
120
Can a PTA write an Eval/re-eval or discharge note?
NO
121
Can a PTA establish or change a plan of care?
NO
122
Can a PTA write progress notes to another healthcare professional?
NO
123
Can a PTA supervise an aide doing patient related tasks?
nah
124
Can a PTA provide treatment if they hold a management position?
no
125
Can PTAs be CIs?
YES but licensed PT must be on site for supervision and must conduct a weekly case review of the patients the PTA student has seen and document that review
can countersign for PTA student notes, must be SAME DAY
126
Can a PTLA supervise a PTA or aide providing patient-related tasks?
NO
127
How many aides can a physical therapist supervise?
ONE
128
How old do you have to be to be an aide?
18
128
What are patient related tasks?
PT services delivered directly to the pt such as Ther-ex, can only be performed after an eval
PT MUST document aide's competency
129
Physical therapists must evaluate and document aide's competency for each task they will perform _____ to an aide performing it on a patient
PRIOR
130
Non-patient related tasks
OBSERVATION of pt
ex. transport of patient, physical support during gait training
131
What type of supervision must a PT have of an aide?
IMMEDIATE supervision
132
How long are medical records kept after discharge?
7 years
133
How long are unemancipated minors records kept
at least one year after they turn 18 and not in any case less than 7 years
134
CI of supervising PT MUST sign student documentation on the ___ day treatment was provided
same
135
What must Supervising PTs do for PTLAs?
Conduct a weekly case conference and document it in the patient record
136
Should aide name and title be included in documentation?
yes, if an aide provides treatment
137
What do you need from the patient in order to contact the physician of direct access care?
written authorization from the patient
138
How long does direct access last?
45 calendar days or 12 visits (whichever comes first)
- signature and date upon PT plan of care MUST occur from physician or podiatrist
139
When is a referral considered unlawful?
If financial interest is equal to 5% of the whole of the services or $5000 dollars
- cannot be to individuals, institutions, family members where financial interest is present
140
Who is considered immediate family of the licensee?
Spouse
Children
Parents and in-laws
Spouses of children of licensee
141
What is the exception to referrals not being to anyone that could be of financial interest to the referring provider?
IF there is no alternative provider within 25 miles or 40 minutes of traveling time
142
(T/F) Referrals to a facility owned by a university can occur from an employee who works at the university as long as no compensation for the referral occurs
true
143
What counts as cheating for a licensing exam?
Sharing info that was on the exam
copying answers
allowing your answers to be copied
using professional test takers
144
You may be liable up to how much for cheating?
$10,000 plus litigation fees
145
What can the board do if you're found cheating for a licensing exam?
deny licensure, revoke license of the licensee
145
Can you receive disciplinary action for taking longer than 15 days to provide documents legally requested by the board?
yes
146
Is a patient or client ever able to give free, full, informed consent to any sexual activity?
NO
147
What will you be charged with if you receive a rebate in any form for a patient referral?
Misdemeanor up to 6 months imprisonment and/or $2500 fine.
148
What happens if a physical therapist is charged as a registered sex offender?
Their license will be immediately revoked
149
What will the board consider when evaluating the rehab of an applicant?
1. nature and severity of acts considered
2. evidence of any of the act(s)
3. Elapsed time since the act(s)
4. extent to which the applicant has complied with probation, restitution, or any sanctions imposed against them
5. evidence of rehabilitation submitted by the applicant
150
You can apply a petition to PTBC for reinstatement after ____ years for unprofessional conduct.
three
(can be reduced to two years at the discretion of the board)
151
You can apply a petition to the PTBC after ___ years for early termination
2
152
You can petition to the PTBC after ____ years for modification of a probation sentence of three years or more.
1
153
You can petition to PTBC for ___ years for modification of a mental or physical condition for which the license was initially revoked for a period less than three years
1
154
Will a petition be considered if a practitioner is under sentence for any criminal offense?
NO
155
(T/F) The Board shall deny any physical therapist or assistant license to an applicant who is required to register as a sex offender
TRUE
156
Is substance abuse rehab voluntary or mandated?
voluntary unless it is assigned as a disciplinary action
157
Repeated excessive prescription of treatment is guilty of a ____ which carries a fine up to ____ and or imprisonment up to ___ days
Misdemeanor
$600
180
158
What if you illegally uphold yourself as a PTA with no proper license?
Misdemeanor
$1000 fine and or 6 months of prison
159
Who can own shares in a physical therapy corporation?
- medical doctors including naturopathic physicians and psychologists
- acupuncturists
- OTs
- SLPs
- RN
- PA
160
Do you have to pay a re-examination fee for every retake of the NPTE?
Yes
161
What is a kickback?
A licensee receiving compensation by a physician for referrals
This is unlawful and prohibited
162
(T/F) A physical therapy clinic May advertise a standard consultation fee.
True
Even if it’s free as long as it is clearly stated as the price
163
What happens if two individuals have information regarding abuse towards a patient?
By mutual agreement only one of the individuals shall make the telephone call and written report
164
How much is an administrative fine?
Between 100-2500 —> more than that suggests that the PT received more than one citation
Shall not exceed 5000
165
What is the guilty party responsible for if found cheating in the NPTE?
Cost of litigation associated with investigation and cost of judge if hearing is necessary
166
How many months of clinical service can be waived by a foreign trained applicant for completion of 4 units of approved ethics course by California Healthcare Board?
Three months
1 month for every month of clinical service performed in another state besides California
167
NTC 12-01
Requirement: can be visible or directly given to patient
Informs patients on
1. Treatment expectations
2. Patient rights
3. How to file a complaint
4. How to verify a license
168
What must a licensed physical therapist do if they suspect any kind of abuse as a mandated reporter?
Make an initial report by telephone immediately or as soon as possible AND fax or send/transmit a written follow up report within two working days for an injury and 36 hours for suspected child abuse upon receiving the information concerning the event
169
Does written follow up for injury still need to occur even if the person who suffered the injury or abuse is deceased?
Yes
170
What should a report of abuse include?
Name of victim
Location of victim
Character/extent of injury
Identity of alleged abuser
171
If you fail to report _____ to the board within 30 days it is considered unprofessional conduct
1. Info charging a felony against a licensee
2. Arrest of a licensee
3. Conviction of a licensee
4. Any disciplinary action taken by another licensing entity
5. Any report required to be pursuant to business and professions code section 802
172
A licensee who is petitioning to shorten a six year sentence of probation will still have to practice under the probationary status for a minimum of how many years?
2
173
A licensee must respond ____ days prior to the issuance of a public letter of reprimand. The notification will be sent ___ days prior to the actual letter of reprimand being sent.
15 days
30 days
174
Failing to report an act of child abuse is guilty of?
Misdemeanor with a fine up to $1000 and/or imprisonment up to 6 months
