S.L. 1969-556

NORTH CAROLINA GENERAL ASSEMBLY

1969 SESSION

CHAPTER 556

SENATE BILL 500

AN ACT TO REVISE THE PHYSICAL THERAPY PRACTICE ACT.

The General Assembly of North Carolina do enact:

Section 1. Article 18 of the General Statutes of North Carolina is hereby rewritten to read as follows:

"G.S. 90-256. Definitions. In this Article, unless the context otherwise requires, the following definitions shall apply:

(a) 'Examining committee' means the North Carolina State Examining Committee of Physical Therapy.

(b) Physical therapy' means the evaluation or treatment of any person by the employment of the effective properties of physical measures and the use of therapeutic exercises and rehabilitative procedures, with or without assistive devices, for the purposes of preventing, correcting, or alleviating a physical or mental disability. Physical therapy includes the performance of specialized tests of neuromuscular function, administration of specialized therapeutic procedures, interpretation of referrals from medical doctors and dentists, and establishment and modification of physical therapy programs for patients.

(d) 'Physical therapy assistant' means any person who assists and works under the supervision of a physical therapist by performing such patient-related activities as assigned to him by a physical therapist which are commensurate with his education and training, including simple physical therapy procedures, but not the interpretation of physicians' or dentists' referrals, performance of evaluation procedures, or determination and modification of patients' programs.

G.S. 90-257. Examining committee. The North Carolina State Examining Committee of Physical Therapy is hereby created. The examining committee shall consist of seven members, including at least one licensed medical doctor, four physical therapists and two physical therapy assistants, who shall be appointed by the Governor from a list submitted to him by the North Carolina Physical Therapy Association, Inc., for terms as provided in this Article. Each physical therapy member of the examining committee shall be licensed and a resident of this State; he shall have not less than three years' experience in the practice of physical therapy immediately preceding his appointment and shall be actively engaged in the practice of physical therapy during his incumbency. Each physical therapy assistant member shall be licensed and a resident of this State, provided that the members first appointed on January 1, 1970, shall be deemed to be eligible and shall be licensed immediately upon their appointment to the examining committee.

Members shall be appointed to serve three-year terms, or until their successors are appointed, to commence on January 1 in respective years, provided that members of the examining committee on the effective date of this Act shall continue to serve for the remainder of their terms, respectively, or until their successors are appointed. The physical therapy assistant members shall be first appointed on January 1, 1970; one such member shall serve a two-year term and the other a three-year term, but thereafter, all appointments shall be for three years. In the event that a member of the examining committee for any reason cannot complete his term of office, another appointment shall be made by the Governor in accordance with the procedure stated above to fill the remainder of the term. No member may serve for more than two successive three-year terms.

The examining committee each year shall designate one of its members as chairman and one as secretary-treasurer. The examining committee shall have the power to make such rules and regulations not inconsistent with law which may be necessary for the performance of its duties and shall employ such clerical and other assistance as it may require. It is authorized to prescribe reasonable fees for applications for examination and for certificates of licensure but not to exceed seventy-five dollars ($75.00), and for renewals of licensure but not to exceed twenty-five dollars ($25.00). It shall be the duty of the examining committee to pass upon the qualifications of applicants for licensure, approve and be responsible for administering the examination to be given, and determine the applicants who successfully pass the examination. The two physical therapy assistants shall exercise this duty with the other members only as to applicants for licensure as physical therapy assistants.

Each member of the examining committee shall receive such per diem compensation and reimbursement for travel and subsistence as shall be set for State boards generally.

"G.S. 90-258. Records to be kept; copies of record. The examining committee shall keep a record of proceedings under this Article and a record of all persons licensed under it. The record shall show the name of every living licensee, his last known place of business and last known place of residence and the date and number of his licensure certificate as a physical therapist or physical therapy assistant. Any interested person in the State is entitled to obtain a copy of that record on application to the examining committee and payment of such reasonable charge as may be fixed by them based on the costs involved.

"G.S. 90-259. Disposition of funds. All fees and other moneys collected and received by the examining committee shall be used for the purposes of implementing this Article. The financial records of the examining committee shall be subjected to an annual audit and paid for out of the funds of the examining committee.

"G.S. 90-260. Qualifications of applicants for examination; application; subjects of examination; fee. Any person who desires to be licensed under this Article and who

(1) is of good moral character;

(2) has obtained a high school education or its equivalent as determined by the examining committee;

(3) if an applicant for physical therapy licensure, has been graduated by a school of physical therapy approved by the American Medical Association and the American Physical Therapy Association at the time of his graduation; and

(4) if an applicant for physical therapy assistant licensure, has been graduated from a program for physical therapy assistants which has been approved by the examining committee, or has had training or experience deemed equivalent to such program by the examining committee; may make application on a form furnished by the examining committee for examination for licensure as a physical therapist or physical therapy assistant by the examining committee. The physical therapy examination shall embrace the following subjects: The applied sciences of anatomy, neuroanatomy, kinesiology, physiology, pathology, psychology, physics; physical therapy as applied to medicine, neurology, orthopedics, pediatrics, psychiatry', surgery; medical ethics; and technical procedures in the practice of physical therapy as denned in this Article. The physical therapy assistant examination shall embrace the following subjects: the applied sciences of anatomy, kinesiology, physics, pathology, physiology; medical ethics; simple physical therapy procedures which include massage, electrotherapy, hydrotherapy, thermotherapy, therapeutic exercise and rehabilitative procedures.

At the time of making such application, the applicant shall pay to the secretary treasurer of the committee the fee prescribed by the committee, no portion of which shall be returned.

"G.S. 90-261. Certificates of licensure for successful examinees. The examining committee shall furnish a certificate of licensure to each applicant who successfully passes the examination for licensure as a physical therapist or physical therapy assistant, respectively.

"G.S. 90-262. Certificates of licensure for persons registered in other states or territories. The examining committee shall furnish a certificate of licensure to any person who is a physical therapist or physical therapy assistant registered or licensed under the laws of another state or territory, if the applicable requirements were at the date of his registration or licensure substantially equal to the requirements under this Article. At the time of making such application, the applicant shall pay to the secretary-treasurer of the committee the fee prescribed by the committee.

"G.S. 90-263. Graduate students exempt from licensure; licensure of foreign trained physical therapists. (a) Physical therapists, including foreign-trained physical therapists, who are graduate students in special physical therapy courses receiving a small stipend rather that the usual staff salary for practicing their profession as part of their training, shall not be required to be licensed as physical therapists in North Carolina. Any such physical therapist shall furnish sufficient information to the examining committee for it to determine such person's status. At the end of one year, should the student wish to continue his education in this State, he must apply to the examining committee for evaluation of this status as of that time.

(b) A temporary certificate of licensure, limited to six months, may be issued to a foreign-trained physical therapist who

(1) makes the usual application for licensure and pays the required fee,

(2) holds a diploma from an approved school of physical therapy in his own country, and

(3) is a member of a professional association belonging to the World Confederation of Physical Therapists whose credentials are acceptable to the American Physical Therapy Association and to the North Carolina State Examining Committee of Physical Therapy.

(c) A regular certificate of licensure may be issued to a foreign-trained physical therapist who fulfills the above requirements in subsection (b) of this Section and who passes the next North Carolina State examination for licensure or who has passed the American Physical Therapy Association's examination for foreign-trained physical therapists.

"G.S. 90-264. Renewal of license; lapse; revival. Every licensed physical therapist or physical therapy assistant shall, during the month of January, 1970, and during the month of January every year thereafter, apply to the examining committee for a renewal of licensure and pay to the secretary-treasurer the prescribed fee. Licenses that are not so renewed shall automatically lapse, provided that any licenses in effect on the effective date of this Act shall remain in effect until February 1, 1970, unless revoked or suspended in accordance with the provisions of this Article. The examining committee shall revive and extend a lapsed license on the payment of current fees provided the requirements for securing an original certificate have not been changed so as to have become more stringent that the requirements at the time the certificate lapsed, but the examining committee may refuse to grant any such extension on the same grounds as are set forth in this Article for refusing to grant or for revoking the license of a physical therapist or physical therapy assistant.

"G.S. 90-265. Grounds for refusing licensure; revocation. The examining committee shall refuse to grant licensure to any person or shall revoke or suspend the license of any physical therapist or physical therapy assistant if he

(1) is habitually drunk or is addicted to the use of narcotic drugs;

(2) has been convicted of violating any State or Federal narcotic law;

(3) has obtained or attempted to obtain licensure by fraud or material misrepresentation;

(4) is guilty of any act derogatory to the standing and morals of the profession of physical therapy, including the treatment or undertaking to treat ailments of human beings otherwise than by physical therapy and undertaking to practice independent of the referral or prescription from a licensed medical doctor or dentist.

The procedure for revocation shall be that set forth in Chapter 150 of the General Statutes relating to uniform revocation of licenses.

"G.S. 90-266. Unlawful practice. (a) No person shall practice or hold himself out as being able to practice physical therapy in this State, unless he is licensed in accordance with this Article.

(b) No person shall consult, teach or supervise, or hold himself out as being able to do so, in physical therapy in this State, unless he is licensed in accordance with this Article.

(c) No person shall represent himself as being a licensed or registered physical therapist or physical therapy assistant, or use in connection with his name any letters, words, or insignia indicating or implying that he is a licensed or registered physical therapist or a physical therapy assistant, unless he is licensed in accordance with this Article.

(d) No person shall practice physical therapy except by referral, prescription or orders of a licensed medical doctor or dentist.

(e) Nothing in this Article shall be construed in any way to prohibit the following acts or practices:

(1) any act in the practice of his profession by a person duly licensed in this State;

(2) the practice of physical therapy in the discharge of their official duties by physical therapists in the United States Armed services. Public Health Service, Veterans' Administration or other federal agency;

(3) the rendering of physical therapy by any person in a medical emergency under the direct supervision of a licensed medical doctor;

(4) participation in special physical therapy education projects, demonstrations or courses by physical therapists qualified in other jurisdictions;

(5) the administration of simple massages and the operation of health clubs so long as not intended to constitute or represent the practice of physical therapy;

(6) the performance by any person of simple mechanical or machine-assisted acts in the physical care of a patient, not requiring the knowledge and skill of a physical therapist, under orders or directions of a licensed medical doctor or dentist.

(f) Nothing in this Article shall be construed to authorize persons licensed under this Article to use radiology for diagnostic and therapeutic purposes, or to use electricity for surgical or cauterization purposes, or to make diagnoses of human conditions, or to prescribe therapeutic measures.

"G.S. 90-267. Fraudulently obtaining, etc., licensure a misdemeanor. No person shall obtain or attempt to obtain licensure as a physical therapist or physical therapy assistant by a willful misrepresentation or any fraudulent representation.

"G.S. 90-268. Violation a misdemeanor. Any person who violates any of the provisions of this Article shall be guilty of a misdemeanor and, upon conviction, shall be fined or imprisoned at the discretion of the court.

"G.S. 90-269. Title. This Article may be cited as the 'Physical Therapy Practice Act'."

"G.S. 90-270. Osteopaths, chiropractors and podiatrists not restricted. Nothing in this Article shall restrict the practice of physical therapy by licensed osteopaths, chiropractors, or podiatrists."

Sec. 2. If any provision of this Act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or application of the Act which can be given effect without the invalid provisions or application, and to this end the provisions of this Act are declared to be severable.

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 4. This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 22nd day of May, 1969.