Title 201 | Chapter 022 | Regulation 020


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BOARDS AND COMMISSIONS
Board of Physical Therapy
(Amendment)

201 KAR 22:020.Eligibility and credentialing procedure.

Section 1.

An application shall be accepted for credentialing as a physical therapist or physical therapist assistant based on successful completion by the applicant of one (1) of the following processes:

(1)

Examination;

(2)

Endorsement; or

(3)

Reinstatement.

Section 2.

Examination Candidate.

(1)

To be eligible for the examination, the applicant for licensure as a physical therapist shall:

(a)

Have successfully completed the academic and clinical requirements of a physical therapy program accredited by CAPTE;

(b)

Submit certification of completion by the educational administrator of that program;

(c)

Have successfully completed the Jurisprudence Exam;

(d)

Submit a complete Application for credentialing that includes a photo taken within one (1) year;

(e)

Submit the correct, nonrefundable fee as required in 201 KAR 22:135;

(f)

Effective six (6) months after the board receives an Originating Agency Number from the Federal Bureau of Investigation, submit to the board a completed nationwide criminal background check, as required by KRS 327.310, with the background investigation completed no later than six (6) months prior to the date of the filing of the application;

(g)

If applicable, submit on an Applicant Special Accommodations Request Form a request for a reasonable accommodation in testing due to a documented disability; and

(h)

Register for the NPTE examination.

(2)

To be eligible for the examination, the applicant for certification as a physical therapist assistant shall:

(a)

Have successfully completed the academic and clinical requirements of a physical therapy or physical therapist assistant program accredited by CAPTE; and

(b)

Complete the requirements of subsection (1)(b) through (h) of this section.

(3)

Effective July 1, 2012, after six (6) failed attempts at either the physical therapist or physical therapist assistant examination, or combination thereof, in any jurisdiction, an applicant for licensure or certification shall not be eligible to register for any additional examinations.

Section 3.

An applicant for credentialing who is registered for the examination in another jurisdiction shall:

(1)

Meet the eligibility requirements of Section 2 of this administrative regulation; and

(2)

Register with the FSBPT Score Transfer Service to have results submitted to Kentucky.

Section 4.

To be eligible for a temporary permit, the candidate shall:

(1)

Meet the qualifications of Section 2 or 3 of this administrative regulation, except for the retake provisions in Section 2(3) of this administrative regulation;

(2)

Complete a Supervisory Agreement for Applicant with Temporary Permit with one (1) or more physical therapists; and

(3)

Have not failed either the physical therapist or physical therapist assistant examination in any jurisdiction.

Section 5.

 

(1)

Upon issuance of a temporary permit, the physical therapist or physical therapist assistant applicant shall practice only under the supervision of a physical therapist currently engaged in the practice of physical therapy in Kentucky who:

(a)

Has practiced in Kentucky for more than one (1) year; and

(b)

Has an unrestricted license.

(2)

A supervising physical therapist:

(a)

Shall be on-site at all times during the practice of the applicant with a temporary permit;

(b)

Shall be responsible for the practice of physical therapy by the applicant with a temporary permit;

(c)

Shall review, approve, date, and co-sign all physical therapy documentation by the applicant with a temporary permit;

(d)

May designate an alternate supervising physical therapist who meets the qualifications of subsection (1)(a) and (b) of this section. The alternate supervising physical therapist shall sign and date written documentation of the acceptance of the responsibility as identified in paragraph (a) through (c) of this subsection; and

(e)

Shall notify the board immediately if the supervisory relationship is terminated.

(3)

The applicant with a temporary permit shall:

(a)

Disclose the applicant's temporary credential status to all patients prior to initiating treatment;

(b)

Sign documentation with temporary permit number and designation as requireddefined in 201 KAR 22:053, Section 5(5)(a) or (b); and

(c)

Notify the board immediately if the supervisory relationship is terminated.

(4)

The temporary permit shall expire the earlier of:

(a)

Six (6) months from the date of issuance; or

(b)

Notice of exam results by the board. A temporary permit holder who is registered for the examination in another jurisdiction shall register with the FSBPT Score Transfer Service to have results submitted to Kentucky within forty-eight (48) hours of the release of the exam results.

Section 6.

A physical therapist applicant who meets the qualifications for physical therapy licensure by examination may become a special candidate for physical therapist assistant certification by examination.

Section 7.

To be eligible for credentialing by endorsement, the applicant shall:

(1)

Have successfully completed the academic and clinical requirements of a physical therapy or physical therapist assistant program accredited by CAPTE;

(2)

Meet the requirements established in Section 2(1)(b) through (f) of this administrative regulation;

(3)

Have successfully completed the NPTE or its equivalent, predecessor examination and register with the FSBPT Score Transfer Service to have results submitted to Kentucky:

(a)

A passing score in Kentucky for the person who took the NPTE prior to July 1, 1993, shall be at least equal to the national average raw score minus one and five-tenths (1.5) standard deviation set equal to a converted score of seventy-five (75); or

(b)

After July 1, 1993, a passing score shall be the criterion referenced passing point recommended by the FSBPT set equal to a scaled score of 600;

(4)

Have an active credential in this profession in another jurisdiction; and

(5)

Have verification of credentials showing the credential has never been revoked, suspended, placed on probation, or is not under disciplinary review in another jurisdiction upon application.

Section 8.

To be eligible for reinstatement, the applicant shall meet the requirements in 201 KAR 22:040.

Section 9.

A credential issued by the board shall be in effect until March 31 of the next odd-numbered year.

Section 10.

A foreign-educated physical therapist shall comply with the provisions of 201 KAR 22:070.

Section 11.

Incorporation by Reference.

(1)

The following material is incorporated by reference:

(a)

"Application for Credentialing", December 2011;

(b)

"Supervisory Agreement for Applicant with Temporary Permit", January 2017; and

(c)

"Applicant Special Accommodations Request Form", February 2022December 2012.

(2)

This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Board of Physical Therapy, 312 Whittington Parkway Suite 102, Louisville, Kentucky 40222, Monday through Friday, 8 a.m. to 4:30 p.m.

STEPHEN CURLEY, Executive Director
APPROVED BY AGENCY: November 18, 2021
FILED WITH LRC: February 10, 2022 at 10:00 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on April 26, 2022, at 12:00 p.m. (ET). Individuals interested in being heard at this hearing shall notify this agency in writing five workdays prior to the hearing of their intent to attend. All individuals who notify this agency in writing at least five workdays prior to this hearing shall be notified whether the hearing will be held virtually by video teleconference or in person at the Board’s office, 312 Whittington Parkway, Suite 102, Louisville, Kentucky 40222. If no notification of intent to attend the hearing is received in writing by that date, the hearing may be cancelled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until April 30, 2022. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Stephen Curley, Executive Director, Board of Physical Therapy, 312 Whittington Parkway, Suite 102, Louisville, Kentucky 40222, (502) 429-7140 and Fax (502) 429-7142, email stephen.curley@ky.gov.

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Stephen Curley
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the eligibility and credentialing procedures required under KRS 327.040.
(b) The necessity of this administrative regulation:
This administrative regulation establishes the eligibility and credentialing procedures required under KRS 327.040.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation establishes the eligibility and credentialing procedures required under KRS 327.040.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation establishes the eligibility and credentialing procedures required under KRS 327.040.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
The amendment updates the Applicant Special Accommodations Request Form which is incorporated by reference.
(b) The necessity of the amendment to this administrative regulation:
This amendment is necessary to add updated language and questions in the Applicant Special Accommodations Request Form which is incorporated by reference.
(c) How the amendment conforms to the content of the authorizing statutes:
The Applicant Special Accommodations Request Form is used by applicants during the Exam Application process.
(d) How the amendment will assist in the effective administration of the statutes:
The New Applicant Special Accommodations Request Form adds additional optional documentation for applicants to gain ADA Accommodations.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
Any Exam Applicants that request ADA accommodations for their exam.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
The regulated entities identified in question (3) will have to file the new Applicant Special Accommodations Request Form instead of the old form.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
Nothing
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
As a result of compliance the entities identified in (3) will be able to submit additional optional documentation for applicants to gain ADA Accommodations.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
No new costs will be incurred by the change.
(b) On a continuing basis:
No new costs will be incurred by the change.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
None
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
There will be no increase in fees or funding
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:
This regulation does not change the fees directly or indirectly.
(9) TIERING: Is tiering applied?
Tiering was not used in this administrative regulation because the administrative regulation applies equally to all those individuals regulated by it.

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT
(1) What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
This administrative regulation will impact physical therapists and physical therapist assistants applying for exam through Kentucky.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 327.040 KRS 164.772, 327.010, 327.050, 327.060, 327.075, 327.080, 327.310.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
None.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
None.
(c) How much will it cost to administer this program for the first year?
None.
(d) How much will it cost to administer this program for subsequent years?
None.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:

7-Year Expiration: 7/20/2029

Last Updated: 7/25/2022


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