State Codes and Statutes

Statutes > Wyoming > Title33 > Chapter25

CHAPTER 25 - PHYSICAL THERAPISTS

33-25-101. Definitions.

(a) As used in this act:

(i) "Physical therapy" or "physiotherapy"means the care and services provided by or under the direction and supervisionof a physical therapist or physiotherapist who is licensed pursuant to thisact. The practice of physical therapy includes:

(A) Examining, evaluating and testing persons with mechanical,physiological or developmental impairments, functional limitations, disabilitiesor other health or movement related conditions to determine a physical therapydiagnosis, prognosis or plan of treatment and assessing the ongoing effects ofintervention;

(B) Alleviating impairments, functional limitations ordisabilities by designing, implementing or modifying treatment interventionsthat may include but are not limited to:

(I) Therapeutic exercise;

(II) Functional activities in the home;

(III) Community or work integration or reintegration;

(IV) Manual therapy, which includes mobilization and grades Ithrough IV manipulation of joints and soft tissue but does not include grade Vmanipulations without completion of advanced training requirements asdetermined by the board;

(V) Therapeutic massage;

(VI) Prescription, application or fabrication of appropriateassistive, adaptive, protective or supportive devices or equipment;

(VII) Airway clearance techniques;

(VIII) Integumentary protection or repair techniques;

(IX) Wound care;

(X) Application of physical agents or modalities;

(XI) Mechanical modalities;

(XII) Patient related instruction.

(C) Reducing the risk of injury, impairment, functionallimitation or disability, including the promotion and maintenance of fitness,health and wellness.

(ii) "Physical therapist" or"physiotherapist" means a person who is licensed to practice physicaltherapy pursuant to this act;

(iii) "Board" means the Wyoming board of physicaltherapy as established under the provisions of this act;

(iv) "Applicant" means any individual who submits acompleted application to the board for issuance of a physical therapistlicense or a physical therapist assistant certificate;

(v) "Physical therapist assistant" means anindividual who is certified pursuant to this act and who assists a licensedphysical therapist in lawfully delegated components of physical therapy subjectto the provisions of this act and rules and regulations of the board;

(vi) "Physical therapy services" means the care andservices provided by a licensed physical therapist or a certified physicaltherapist assistant pursuant to this act;

(vii) "Consultation using telecommunication" means theprovision of professional or expert opinion or advice to a physical therapistor other health care provider using telecommunication or computer technologyfrom a distant location. It includes the review or transfer of patient recordsor related information using audio, video or data communications;

(viii) "Jurisdiction" means the states, districts,territories or possessions of the United States;

(ix) "On site supervision" means the supervisingphysical therapist or physical therapist assistant is continuously present inthe facility where the supervised services are provided, is immediatelyavailable to the person being supervised and maintains continued involvement ineach treatment session;

(x) "Physical therapy aide" means a person trainedunder the direction of a licensed physical therapist who performs designatedand supervised components of care related to physical therapy;

(xi) "Physical therapy diagnosis" means a systematicexamination process that culminates in assigning a diagnostic label identifyingthe primary dysfunction towards which physical therapy treatment will bedirected, but shall not include a medical diagnosis or a diagnosis of disease;

(xii) "This act" means W.S. 33-25-101 through33-25-116.

33-25-102. Practice of physical therapy; license or certificaterequired; exceptions; false representations.

(a) No individual shall engage in the practice of physicaltherapy services nor hold himself out as being able to practice physicaltherapy in the state of Wyoming unless he is licensed or certified inaccordance with the provisions of this act and such license or certificate isin good standing and has not been suspended or revoked, except nothing in thisact shall:

(i) Prohibit any individual licensed in Wyoming under any otheract from engaging in the practice for which he is licensed;

(ii) Prohibit students who are enrolled in educational coursesof physical therapy at schools recognized by the board from performing acts ofphysical therapy incidental to their respective courses of study while underthe direct supervision of a licensed physical therapist who is in compliancewith subsection (c) of this section;

(iii) Apply to any individual employed by an agency, bureau ordivision of the federal government while in the discharge of official duties;

(iv) Repealed By Laws 2009, Ch. 165, 2.

(b) No individual or business entity shall use in connectionwith his name or business, the words physical therapy, physical therapist,physiotherapy, physiotherapist, registered physical therapist, licensedphysical therapist, doctor of physical therapy or the letters P.T., L.P.T.,R.P.T., D.P.T., M.P.T., M.S.P.T. or any other words, letters, abbreviations orinsignia indicating or implying directly or indirectly that physical therapy isprovided or supplied in any manner unless the person is a physical therapistlicensed to practice in accordance with this act. No individual or businessentity shall use the title physical therapist assistant, the letters P.T.A. orany other words, abbreviations or insignia in connection with his name toindicate or imply that the person is a physical therapist assistant unless theperson is certified as a physical therapist assistant in accordance with thisact.

(c) Except as provided in this subsection, a physical therapistwith a master's degree, or a bachelor's degree with five (5) years of clinicalexperience may initiate physical therapy treatment for a new or recurringinjury with or without a prescription from a licensed physician includingdoctor of osteopathy, podiatrist, advanced practitioner of nursing, dentist,chiropractor or physician assistant. Nothing in this subsection shall beconstrued to preclude a physical therapist from treating a chronic or recurringinjury or condition without a prescription, provided that the patient or clientwas previously diagnosed and prescribed physical therapy treatment within theprevious year by a health care provider identified in this subsection and thetreatment is directly related to the original prescribed care. Except in anemergency, a physical therapist, without a prescription, is prohibited from initiatingphysical therapy treatment for children under the age of twelve (12) years,unless the child is to receive physical therapy treatment under anindividualized education program or an individualized family services plan. Aphysical therapist shall refer the patient or client to a licensed physicianincluding doctor of osteopathy, podiatrist, advanced practitioner of nursing,dentist, chiropractor or physician assistant, as appropriate, when:

(i) The physical therapist has reasonable cause to believesymptoms or conditions are present that require services beyond the scope ofphysical therapy practice;

(ii) Physical therapy is contraindicated; or

(iii) Except for patients or clients participating in generalexercise or fitness programs or receiving physical therapy services under anindividualized education program or an individualized family services plan, thepatient or client has received physical therapy services without a prescriptionfor twelve (12) visits or for a thirty (30) day period, whichever occursearlier, and further services may be necessary.

(d) Physical therapy aides may perform patient care activitiesas defined by the board under the on-site supervision of a licensed physicaltherapist or a certified physical therapist assistant.

(e) Prior to any physical therapy service, the patient orclient shall be directed to posted information and delivered a handoutexplaining:

(i) The education level and degrees held by the treatingphysical therapist;

(ii) That coverage may not be available through governmental orworker's compensation programs unless prescribed by a physician, physician'sassistant, dentist, chiropractor, podiatrist or nurse practitioner; and

(iii) That the patient's or client's insurance may not cover theservice.

(f) The following persons are exempt from the licensure andcertification requirements of this act:

(i) A person in a professional education program approved bythe board who is satisfying supervised clinical education requirements relatedto the person's physical therapist education while under on-site supervision ofa licensed physical therapist;

(ii) A physical therapist who is practicing exclusively throughthe United States armed services, public health service or veteransadministration;

(iii) A physical therapist licensed to practice physical therapyin another jurisdiction while teaching, demonstrating, providing physicaltherapy in connection with teaching or participating in an educational seminarin Wyoming. An exemption under this paragraph shall not exceed sixty (60) dayscumulatively in a calendar year;

(iv) A physical therapist licensed in another jurisdiction whoprovides consultation using telecommunication;

(v) A physical therapist licensed in another jurisdiction orcredentialed in another country who provides therapy to individuals affiliatedwith or employed by established athletic teams, athletic organizations orperforming arts companies temporarily practicing, competing or performing inthe state. An exemption under this paragraph shall not exceed sixty (60) dayscumulatively in a calendar year;

(vi) A physical therapist licensed in another jurisdiction whoenters this state to provide physical therapy during a public health emergencyas declared by the governor pursuant to W.S. 35-4-115(a)(i). Any physicaltherapist practicing pursuant to this paragraph shall notify the board of thetherapist's intent to practice and supply additional information as provided byrules of the board;

(vii) A physical therapist licensed in another jurisdiction whois forced to leave his residence or place of employment due to a declaredlocal, state or national disaster or emergency and who seeks to practicephysical therapy in Wyoming. An exemption under this paragraph shall be limitedto sixty (60) days following the declaration of disaster or emergency. Anyphysical therapist practicing pursuant to this paragraph shall notify the boardof the therapist's intent to practice and supply additional information asprovided by rules of the board.

33-25-103. Board of physical therapy; established; members; terms;removal; compensation.

(a) There is established the Wyoming board of physical therapywhich shall consist of three (3) physical therapists licensed pursuant to thisact, one (1) public representative and one (1) medical doctor, appointed asfollows:

(i) The physical therapist members shall be appointed by thegovernor. All shall be residents of Wyoming, possess unrestricted licenses topractice physical therapy in this state and have been practicing in this statefor not less than three (3) years before appointment;

(ii) A medical doctor shall be appointed to the board by thegovernor. The medical doctor shall be a practicing physician who has practicedin Wyoming for a period of at least five (5) years immediately preceding theappointment;

(iii) The public member shall be appointed by the governor, shallbe a resident of Wyoming and shall have resided in the state for not less thanthree (3) years.

(b) Terms of office for board members shall be for four (4)years, except that the expiring term of a member shall continue until asuccessor member has been appointed. Board members shall serve no more thantwo (2) consecutive terms. The governor may remove any member as provided inW.S. 9-1-202.

(c) Members of the board shall each receive from the physicaltherapy account compensation at the salary rate provided in W.S. 28-5-101(d)for each day actually spent in the performance of their board duties along withper diem and mileage allowance as allowed to state employees. Board membersshall serve without compensation where there are insufficient monies in theaccount to pay the compensation.

(d) Vacancies on the board shall be filled in a like manner asare the original appointments, to complete the unexpired term left vacant.

(e) The members shall annually select a president and secretarywho shall each serve a one (1) year term of office from the date of election.

(f) The board shall meet at least twice annually and at suchother times as the board deems necessary. Action by the board shall be bymajority vote. Three (3) members constitute a quorum.

33-25-104. Board of physical therapy; powers and duties generally.

(a) The board shall have the following powers and duties:

(i) Evaluate the qualifications of applicants for licensure andcertification, conduct examinations for applicants, issue license orregistration certificates to those who meet the requirements established bythe board;

(ii) Revoke, suspend, restrict, condition, reprimand, refuse torenew or refuse to issue the license of any physical therapist or thecertificate of any physical therapy assistant or applicant pursuant to W.S.33-25-111;

(iii) Maintain current records listing the name of every licensedphysical therapist and certified physical therapist assistant in this state,his business and home address, the date and number of his license orcertification and, if known, his area or expertise, professional interest orcredentials;

(A) Repealed By Laws 2009, Ch. 134, 3.

(iv) Adopt rules and regulations to implement this act;

(v) Within the limitations provided in W.S. 33-25-113(a), setand from time to time revise fees as necessary to recover the expenses ofadministering this act;

(vi) Establish procedures for assessing the continuingprofessional competence of physical therapists and physical therapistassistants, including continuing education requirements that ensure thatlicensees' knowledge and abilities reflect current practices and technology;

(vii) Conduct investigations, hearings and proceedings concerningalleged violations of this act and board rules and regulations;

(viii) Inspect or duplicate patient medical records which relateto any alleged acts of misconduct, documented in the form of a formal complaintfiled with the board, against any license or certificate holder and asauthorized by the Health Insurance Portability and Accountability Act forregulatory bodies;

(ix) Report final disciplinary action taken against a license orcertificate holder to the extent authorized or required by other state andfederal laws.

33-25-105. License and certification requirements; foreign trainedapplicants.

(a) Application for licensure as a physical therapist shall bemade on forms prescribed by the board, presenting to the satisfaction of theboard the following:

(i) Evidence through the application or otherwise, as the boarddeems desirable with due regard to the paramount interests of the public, as tothe honesty, truthfulness, integrity and competency of the applicant;

(ii) Evidence of graduation from an accredited program ofphysical therapy or physical therapy assistant education as set forth in rulesand regulations;

(iii) A personal interview if requested by the board;

(iv) If not exempted under W.S. 33-25-108, receipt of a passingscore on a physical therapy examination as set forth in board rules andregulations.

(b) A physical therapist applicant whose application is basedon a diploma issued to him by a physical therapy school outside the UnitedStates shall:

(i) Complete the application forms and pay the application feeprescribed by rules of the board;

(ii) Furnish evidence satisfactory to the board of thecompletion of a physical therapy school resident course of professionalinstruction substantially equivalent to that required in paragraph (a)(ii) ofthis section. A professional education program accredited by the sameaccrediting agency approved by the board for programs within the United Statesshall be deemed substantially equivalent. In all other instances,"substantially equivalent" means a program that:

(A) Prepares the applicant to engage in the practice ofphysical therapy without restriction;

(B) Is recognized by the ministry of education of the countryin which it is located.

(iii) Undergo a credentials evaluation directed by the boardwhich determines the applicant has met the uniform criteria for educationalrequirements prescribed by board rules;

(iv) Complete any additional education required by the board;

(v) Pass a board approved English proficiency examination ifthe applicant's native language is not English;

(vi) If not exempted under W.S. 33-25-108, receive a passingscore on an examination approved by the board and prescribed by board rules;

(vii) Attend a personal interview if requested by the board.

(i) Complete the application process including payment of fees;

(ii) Submit proof of graduation from a physical therapistassistant education program accredited by a national accreditation agencyapproved by the board;

(iii) If not exempted under W.S. 33-25-108, receive a passingscore on an examination approved by the board and prescribed by board rules;

(iv) Meet with the board or a subcommittee of the board ifrequested.

33-25-106. Examinations.

(a) All applicants shall be required to pass an examinationprior to their being licensed or certified as provided in this article unlessotherwise exempted from examination pursuant to W.S. 33-25-108. Theexaminations shall be approved by the board.

(b) Repealed By Laws 2009, Ch. 134, 3.

(d) Repealed By Laws 2009, Ch. 134, 3.

(e) The physical therapist examination shall be a nationalexamination which tests entry level competence related to physical therapytheory, examination and evaluation, diagnosis, prognosis, treatmentintervention, prevention and consultation.

(f) The physical therapy assistant examination shall test forrequisite knowledge and skills in the technical application of physicaltherapy.

(g) If the board determines that an applicant has engaged in orattempted to engage in conduct that subverts or undermines the integrity of theexamination process, the board may disqualify the applicant from taking orretaking the examination for a specified period of time.

33-25-107. License; certificate of registration.

(a) The board shall issue a license or certificate to eachapplicant who meets the requirements for licensure or certification withoutexamination or who passes the examination and meets the standards establishedherein for licensure or certification.

(b) Each individual licensed as a physical therapist in thisstate is authorized to use the letters "P.T." after his name, andmay represent himself to the public as a licensed physical therapist.

(c) Each individual certified as a physical therapist assistantshall be entitled to use the letters "P.T.A." after his name, and mayrepresent himself to the public as a certified physical therapist assistant.

33-25-108. Licensure or certification by endorsement.

(a) The board shall license as a physical therapist or certifyas a physical therapist assistant without examination an applicant who:

(i) Submits a complete application for licensure orcertification by endorsement including payment of all applicable fees;

(ii) Provides verification that the applicant is licensed orregistered without restriction as a physical therapist or licensed, registeredor certified without restriction as a physical therapist assistant by anotherjurisdiction;

(iii) Demonstrates that the requirements for license,registration or certification in the other jurisdiction were, at the date oflicensure or registration, substantially equal to the requirements forlicensing or certification in this act;

(iv) Has not had any professional discipline and is not subjectto any investigation or pending disciplinary action in any other jurisdiction;

(v) Meets with the board or a subcommittee of the board ifrequested.

33-25-109. Repealed By Laws 2009, Ch. 134, 3.

33-25-110. License or certificate expiration and reissuance.

(a) All permanent licenses and certificates issued pursuant tothis act shall expire on October 1 of the year next succeeding their issuance.

(b) A license or certificate may be renewed by submitting atimely, sufficient and complete application, payment of the required fee andverification of continuing competence.

(c) A license or certificate which has expired may be reissuedupon submission by the applicant of a completed application, payment of fees,demonstration that the applicant meets all current requirements for licensureor certification under this act and verification of continuing competence.

33-25-111. Discipline; denial or suspension of license or certificate;grounds.

(a) The board may revoke, suspend, restrict, condition,reprimand, refuse to issue or refuse to renew the license or certification ofany individual who:

(i) Practices physical therapy or acts as a physical therapistassistant in violation of the provisions of this act;

(ii) Has practiced or attempts to practice fraud or deceit in:

(A) Procuring or attempting to procure a license orcertificate;

(B) Filing or reporting any health care information, includingbut not limited to client documentation, agency records or other essentialhealth documents;

(D) Representing authority to practice physical therapy;

(E) Submitting any information or record to the board.

(iii) Commits negligence or incompetence in the practice ofphysical therapy or engages in any act inconsistent with uniform and reasonablestandards of physical therapy practice as defined by board rules andregulations, whether with or without injury to a patient;

(iv) Has been convicted of a felony or a misdemeanor thatrelates adversely to the practice of physical therapy or the ability topractice physical therapy, in the courts of this state, another jurisdiction oranother country. As used in this paragraph, conviction includes a finding orverdict of guilt, an admission of guilt, a plea of nolo contendere or a pleaagreement where the defendant has pled guilty yet not admitted to all the factsthat comprise the crime;

(v) Unlawfully uses or possesses controlled substances, orexcessively indulges in the use of alcoholic beverages;

(vi) Has treated or has undertaken to treat human ailmentsotherwise than by physical therapy as defined in this act;

(vii) Has had his license to practice physical therapy orcertification to act as a physical therapist assistant refused, revoked orsuspended or has had other disciplinary action taken in another jurisdiction orcountry;

(viii) Has negligently failed to refer a patient whose conditionis beyond the training or ability of the physical therapist to anotherprofessional qualified to diagnose or care for the condition;

(ix) Has engaged in any conduct or practice contrary torecognized standards of ethics of the physical therapy profession where theconduct or practice might constitute a danger to the health, safety or welfareof the patient or the public;

(x) Engages directly or indirectly in the division,transferring, assigning, rebating, or refunding of fees received forprofessional services or profits by means of a credit or other valuableconsideration as an unearned commission, discount or gratuity with any personwho has referred a patient, or with any relative or business associate of thereferring person. Nothing in this paragraph shall be construed as prohibitingthe members of any regularly and properly organized business entity comprisedof or including physical therapists from making any division of their totalfees among themselves as they determine by contract necessary;

(xi) Has been judged mentally incompetent by a court ofcompetent jurisdiction;

(xii) Fails to refer a patient or client or post information asrequired by W.S. 33-25-102(e);

(xiii) Has knowingly engaged in an act which the license orcertificate holder knew was beyond the scope of the individual's license orcertificate or performed acts without sufficient education, knowledge orability to competently apply physical therapy principles and skills;

(xiv) Is unfit or incompetent to practice physical therapy byreason of negligence, habits or other causes including but not limited toinability to exercise reasonable skill and care for patients by reasons ofphysical disability, mental disability or the use of drugs, narcotics, alcohol,chemicals or other substance that affects mental faculties;

(xv) Knowingly fails to report to the board any violation ofthis act or rules and regulations of the board;

(xvi) Violates any provisions of this act, rules and regulationsof the board or lawfully issued disciplinary order of the board;

(xvii) Has engaged or attempted to engage in conduct that subvertsor undermines the integrity of the examination or the examination processincluding but not limited to utilizing recalled or memorized examinationquestions, failing to comply with all test center security procedures,communicating with other examinees during the examination or copying or sharingexamination questions or portions of questions;

(xviii) Has failed to maintain adequate patient records thatinclude identification of the patient, evaluation of objective findings, adiagnosis, a plan of care, a treatment record and a discharge plan;

(xix) Has failed to properly supervise physical therapistassistants or physical therapy aides;

(xx) Has engaged in sexual misconduct as defined by the rulesand regulations of the board;

(xxi) Has interfered with an investigation or disciplinaryproceeding by:

(A) Failing to provide the board with requested information ordocuments, including patient medical records;

(B) Misrepresentation of material facts;

(xxii) Has failed to maintain patient confidentiality, includingconfidentiality of records relating to consultation by telecommunication,without documented patient authorization or as otherwise required by law.

(b) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a license issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the licensein accordance with the terms of the court order. No appeal under the WyomingAdministrative Procedure Act shall be allowed for a license withheld, suspendedor restricted under this subsection.

33-25-112. Hearing and appeal procedures.

(a) All disciplinary actions, denials of applications andhearings shall be conducted in accordance with the provisions of the WyomingAdministrative Procedure Act.

(b) Except as provided by W.S. 33-25-111(b), all boarddecisions concerning revocation or suspension of a license or registrationshall require an affirmative vote of three (3) board members.

33-25-113. Fees.

(a) The board, pursuant to W.S. 33-1-201, shall establish feesfor examination, licensure or certification, licensure or certification byendorsement, renewal and reissuance.

(b) All money shall be received and collected as provided bylaw. The state treasurer shall credit the money to a separate account which issubject at all times to the warrant of the state auditor, drawn upon writtenrequisition of the president, and attested by the secretary of the board ofphysical therapy, with seal attached, for the payment of any expenses made bythe board.

33-25-114. Penalties.

Eachviolation of any provision of this act is a misdemeanor and is punishable byfine of not more than seven hundred fifty dollars ($750.00) or by imprisonmentfor not more than six (6) months, or both.

33-25-115. Actions against board members; defense.

(a) Members, agents and employees of the board and any personreporting information to the board under oath shall be immune from personalliability with respect to acts done and actions taken in good faith withoutfraud or malice.

(b) The immunity provided by this section shall extend to themembers of any professional review committee, investigators and witnessesappearing before the board.

(c) The state shall defend and hold harmless any member of theboard from any action at law resulting from any action taken in good faith inthe course of his official duties.

33-25-116. Injunctive relief; grounds.

(a) The board may petition in its own name for an injunction toan appropriate court to enjoin:

(i) Any person violating W.S. 33-25-102(a), unless specificallyexempt from licensure or certification pursuant to W.S. 33-25-102(f);

(ii) Any license or certificate holder who is in violation ofthis act from practicing physical therapy;

(iii) Any person, firm, corporation, institution, association,business or other entity from employing any individual to practice physicaltherapy who is not licensed or certified as required by this act.