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RULE ADOPTION
VOLUME 42, ISSUE 12
ISSUE DATE: JUNE 21, 2010
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF PHYSICAL THERAPY EXAMINERS

Adopted Amendments: N.J.A.C. 13:39A-5.3, 9.1, 9.2, 9.3, 9.4 and 9.6

Licensure Renewal: Continuing Education Requirement; Credit-Hour Requirements; Acceptable Course Offerings; Credit-Hour Calculation; Documentation of Continuing Education Credit; Responsibilities of Continuing Education Providers

Proposed: May 18, 2009 at 41 N.J.R. 2079(a).
Adopted: September 22, 2009 by the State Board of Physical Therapy Examiners, Karen E. Wilk, P.T., Chairperson.

Filed: May 17, 2010 as R.2010 d.091, with substantive and technical changes not requiring additional public notice and comment (see N.J.A.C. 1:30-3.6).
Authority: N.J.S.A. 45:9-37.18.

Effective Date: June 21, 2010.
Expiration Date: December 19, 2011.

Summary of Agency-Initiated Changes:

1. The Federation of State Boards of Physical Therapy (FSBPT) Practice Review Tool (PRT) does not pass or fail physical therapists. The [page=1233] PRT is structured to identify areas of professional practice in which physical therapists are not sufficiently competent. As such, the term "passes" in N.J.A.C. 13:39A-9.3(f) and the phrase "the passing score" in N.J.A.C. 13:39A-9.4(d) should be changed to "completes" and "completion," respectively. The Board has changed N.J.A.C. 13:39A-9.3 and 9.4 upon adoption to make these changes.

2. During review of the proposed amendments to N.J.A.C. 13:39A-9.6 prior to adoption, the Board determined that the phrase "course objectives, which include" could be read to indicate that course objectives could be either behavioral or measurable. The Board intended that course objectives be both behavioral and measurable. The Board has changed N.J.A.C. 13:39A-9.6 upon adoption to change the phrase "course objectives, which include" to "course objectives that are both" in order to clarify that course objectives must be behavioral and measurable.

Federal Standards Statement

A Federal standards analysis is not required because there are no Federal laws or standards applicable to the adopted amendments.

Full text of the adoption follows (additions to proposal indicated in boldface with asterisks *thus* ; deletions from proposal indicated in brackets with asterisks *[thus]*):

SUBCHAPTER 5. CREDENTIALING OF APPLICANTS

13:39A-5.3 Examination standards for applicants for licensure as physical therapists and physical therapist assistants

(a) Applicants for licensure as physical therapists and physical therapist assistants submitting satisfactory proof of educational credentials as set forth in N.J.A.C. 13:39A-5.1 and 5.2, respectively, shall be approved to take the National Physical Therapy Examination for Physical Therapists or the National Physical Therapy Examination for Physical Therapist Assistants, as applicable, administered by the Federation of State Boards of Physical Therapy and the State jurisprudence examination.

(b) Upon satisfactory passage of the National Physical Therapy Examination for Physical Therapists or the National Physical Therapy Examination for Physical Therapist Assistants and the State jurisprudence examination, an applicant shall be deemed eligible for licensure provided the applicant meets all other requirements for licensure.

(c) Passing examination scores shall be as follows:

1. National Physical Therapy Examination for Physical Therapists and National Physical Therapy Examination for Physical Therapist Assistants: 600 based on a scale of 200 to 800.

2. State jurisprudence examination: 80.

(d) An applicant who does not pass the National Physical Therapy Examination for Physical Therapists or the National Physical Therapy Examination for Physical Therapist Assistants within two years from the date of taking the initial examination shall update his or her application for licensure filed with the Board.

SUBCHAPTER 9. CONTINUING EDUCATION

13:39A-9.1 Licensure renewal: continuing education requirement

Recodify existing (b) and (c) as (a) and (b) (No change in text.)

13:39A-9.2 Credit-hour requirements

(a) (No change.)

(b) An applicant for biennial license renewal as a licensed physical therapist or as a licensed physical therapist assistant who receives an initial license in the first year of a biennial period shall complete a minimum of 15 of the 30 required credits of continuing education during that biennial renewal period. An applicant for biennial license renewal as a licensed physical therapist or as a licensed physical therapist assistant who receives an initial license in the second year of a biennial period shall be exempt from completing continuing education credits during that biennial renewal period.

(c) For the purposes of this subchapter, an hour of continuing education means 60 minutes of instructional time spent in learning activities, exclusive of breaks, meals or vendor exhibits.

(d) (No change.)

13:39A-9.3 Acceptable course offerings; credit-hour calculation

(a) The Board shall grant continuing education credit, at a rate of one credit for each hour of *[instruction]* *attendance* unless otherwise specified in this section, only for courses, programs or seminars that have*[:]* *been*

*[1. Been approved by the University of Medicine and Dentistry School of Health Related Professions, except as provided in N.J.A.C. 13:39A-9.6;]*

*[2. Been]* successfully completed *[by the licensee within the preceding biennial renewal period;]* and *have significant*

*[3. Significant]* educational or practical content *[relevant]* *, which deal with matters related* to the practice of physical therapy or *[to]* *with* the professional responsibilities or ethical obligations of licensees, such as the following:

Recodify proposed i.-ix. as *1.-9.* (No change in text.)

(b) All courses, programs or seminars offered by the following sources and providers are pre-approved and a licensee shall be allowed the number of credits as follows:

1. Successful completion of a post-graduate course in a physical therapy program leading to a Doctor of Physical Therapy (DPT) degree for the licensed physical therapist or a three-credit course in an entry level physical therapy program for the licensed physical therapist assistant. Such programs must be in institutions of higher learning, which are accredited by the United States Department of Education or the Council on Postsecondary Accreditation or their approved agencies: 15 credits for each course credit awarded; or

2. Successful completion of a course in an academic program related to the practice of physical therapy provided that such course is not part of the physical therapy program completed by the licensee to meet the educational requirements for initial licensure under N.J.A.C. 13:39A-5.1 or 5.2: 15 credits for each course credit awarded.

(c) (No change.)

(d) A licensed physical therapist who becomes certified or recertified in a clinical specialty by the American Board of Physical Therapy Specialties shall receive 15 continuing education credits for the biennial licensure period in which it takes place.

(e) A licensed physical therapist who successfully completes a residency or fellowship approved by the American Physical Therapy Association (APTA) shall receive 15 continuing education credits for the biennial licensure period in which the residency takes place.

(f) A licensed physical therapist who *[passes]* *completes* the Federation of State Boards of Physical Therapy (FSBPT) Practice Review Tool (PRT) shall receive 10 continuing education credits for the biennial licensure period in which the PRT is taken.

(g) (No change in text.)

(h) The Board may review and approve courses, programs and seminars, which are not pre-approved pursuant to (b) above, when such courses, programs and seminars are submitted for approval by a licensee for continuing professional education credit. The licensee shall submit, on a form approved by the Board, the title, date and location of the course, program or seminar for which approval is being sought and the information required of a continuing professional education provider pursuant to N.J.A.C. 13:39A-9.6(a)1.

(i) (No change in text.)

13:39A-9.4 Documentation of continuing education credit

(a)-(b) (No change.)

(c) A licensee who completes a videotape, audiotape, computer media, Internet, journal or correspondence course or program shall retain the certification of the successful final examination completed at the end of the course, program or seminar.

(d) A licensee who passes the Federation of State Boards of Physical Therapy (FSBPT) Practice Review Tool (PRT) shall retain documented proof from the FSBPT of *[the passing score]* *completion* .

(e) A licensee who attends a conference that has concurrent sessions, at which attendance is not taken at each session and attendance certificates are not issued to attendees for each session, shall document attendance by having a conference official sign or stamp the session description in the program book.

(f) (No change in text.)

[page=1234] (g) During the audit performed pursuant to (f) above, the Board shall review any course that has not been pre-approved pursuant to N.J.A.C. 13:39A-9.3(b) and shall approve the course if it meets the requirements of N.J.A.C. 13:39A-9.3(a) and the provider meets the requirements of N.J.A.C. 13:39A-9.6.

13:39A-9.6 Responsibilities of continuing education providers

(a) *[If a continuing education provider cannot obtain approval from the University of Medicine and Dentistry School of Health Related Professions due to a conflict of interest with the University, the provider may obtain Board approval. Such a provider shall:]* *All providers of continuing education not included in N.J.A.C. 13:39A-9.3(b) shall:*

1. At least 45 days prior to the date of the course, program or seminar, submit the following for each course, program or seminar offered for evaluation by the Board:

i. A detailed descriptive outline of course content, the estimated starting and ending time of the course and any break time provided during the course, program or seminar;

ii. (No change.)

iii. Course objectives*[, which include]* *that are both* behavioral objectives, which are learning outcomes stated in terms that indicate what the student will be able to do or demonstrate after the course, and measurable objectives, which are learning outcomes indicating the level of the student's performance; *and*

iv. A bibliography supporting the content of the course, program or seminar that includes at least five peer-reviewed journal articles published within the last five years; *[and]*

*[v. A written explanation of the conflict of interest that prevents the University of Medicine and Dentistry School of Health Related Professions from approving the course, program or seminar;]*

2.-3. (No change.)

4. Maintain attendance sheets, which include the time when a licensee arrives at and leaves the course, program or seminar with the licensee's signature next to each time entry;

5. (No change in text.)

6. Submit a fee pursuant to N.J.A.C. 13:39A-1.3 for each submission of a new course, program or seminar reviewed by the Board during the biennial licensing period.

   
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