CHAPTER 1. REGULATION OF PHYSICAL THERAPISTS BY MEDICAL LICENSING BOARD
IC 25-27
ARTICLE 27. PHYSICAL THERAPISTS
IC 25-27-1
Chapter 1. Regulation of Physical Therapists by MedicalLicensing Board
IC 25-27-1-1
Definitions
Sec. 1. For the purposes of this chapter:
(1) "Physical therapy" means the evaluation of, administrationof, or instruction in physical rehabilitative and habilitativetechniques and procedures to evaluate, prevent, correct, treat,alleviate, and limit physical disability, pathokinesiologicalfunction, bodily malfunction, pain from injury, disease, and anyother physical disability or mental disorder, including:
(A) the use of physical measures, agents, and devices forpreventive and therapeutic purposes;
(B) neurodevelopmental procedures;
(C) the performance, interpretation, and evaluation ofphysical therapy tests and measurements; and
(D) the provision of consultative, educational, and otheradvisory services for the purpose of preventing or reducingthe incidence and severity of physical disability, bodilymalfunction, and pain.
(2) "Physical therapist" means a person who practices physicaltherapy as defined in this chapter.
(3) "Physical therapist's assistant" means a person who assistsin the practice of physical therapy as defined in this chapter.
(4) "Board" refers to the medical licensing board.
(5) "Committee" refers to the Indiana physical therapycommittee established under section 4 of this chapter.
(6) "Person" means an individual.
(Formerly: Acts 1957, c.198, s.1; Acts 1971, P.L.379, SEC.1.) Asamended by P.L.150-1986, SEC.4; P.L.259-1987, SEC.1;P.L.240-1989, SEC.1.
IC 25-27-1-2
Unlawful practices
Sec. 2. (a) Except as otherwise provided in this chapter, it isunlawful for a person to practice physical therapy or to profess to bea physical therapist, physiotherapist, or physical therapy technicianor to use the initials "P.T.", "P.T.T.", or "R.P.T.", or any other letters,words, abbreviations, or insignia indicating that the person is aphysical therapist, or to practice or to assume the duties incident tophysical therapy without first obtaining from the board a licenseauthorizing the person to practice physical therapy in this state.
(b) It is unlawful for a person to practice physical therapy otherthan upon the order or referral of a physician, podiatrist,psychologist, chiropractor, or dentist holding an unlimited license to
practice medicine, podiatric medicine, psychology, chiropractic, ordentistry, respectively. It is unlawful for a physical therapist to usethe services of a physical therapist's assistant except as providedunder this chapter. For the purposes of this subsection, the functionof:
(1) teaching;
(2) doing research;
(3) providing advisory services; or
(4) conducting seminars on physical therapy;
is not considered to be a practice of physical therapy.
(c) Except as otherwise provided in this chapter, it is unlawful fora person to act as a physical therapist's assistant or to use initials,letters, words, abbreviations, or insignia indicating that the person isa physical therapist's assistant without first obtaining from the boarda certificate authorizing the person to act as a physical therapist'sassistant. It is unlawful for the person to act as a physical therapist'sassistant other than under the direct supervision of a licensedphysical therapist who is in responsible charge of a patient or underthe direct supervision of a physician. However, nothing in thischapter prohibits a person licensed or registered in this state underanother law from engaging in the practice for which the person islicensed or registered. These exempted persons include personsengaged in the practice of osteopathy, chiropractic, or podiatricmedicine.
(d) This chapter does not authorize a person who is licensed as aphysical therapist or certified as a physical therapist's assistant to:
(1) evaluate any physical disability or mental disorder exceptupon the order or referral of a physician, podiatrist,psychologist, chiropractor, or dentist;
(2) practice medicine, surgery (as described inIC 25-22.5-1-1.1(a)(1)(C)), dentistry, optometry, osteopathy,psychology, chiropractic, or podiatric medicine; or
(3) prescribe a drug or other remedial substance used inmedicine.
(Formerly: Acts 1957, c.198, s.2; Acts 1971, P.L.379, SEC.2.) Asamended by P.L.137-1985, SEC.8; P.L.157-1986, SEC.2;P.L.259-1987, SEC.2; P.L.240-1989, SEC.2; P.L.217-1993, SEC.4.
IC 25-27-1-3
Repealed
(Repealed by P.L.150-1986, SEC.14.)
IC 25-27-1-3.1
Practice of certain occupations or professions and first aid notprohibited
Sec. 3.1. This chapter does not prohibit any of the following:
(1) The practice of any occupation or profession for which aperson is licensed, certified, or registered in Indiana by a stateagency. The persons who are exempted by this subdivisioninclude persons licensed, certified, or registered to practice
osteopathy, chiropractic, or podiatric medicine.
(2) The practice of any health care occupation or profession bya person who is practicing within the scope of the person'seducation and experience.
(3) The performance of any first aid procedure incidental to aperson's employment or volunteer duties.
(4) The performance of an emergency first aid procedure by anyperson.
As added by P.L.150-1986, SEC.5.
IC 25-27-1-4
Indiana physical therapy committee
Sec. 4. (a) There is created a five (5) member Indiana physicaltherapy committee to assist the board in carrying out this chapterregarding the qualifications and examinations of physical therapistsand physical therapist's assistants. The committee is comprised of:
(1) three (3) physical therapists;
(2) a licensed physician; and
(3) one (1) member who is a resident of the state and who is notassociated with physical therapy in any way, other than as aconsumer.
(b) The governor shall make each appointment for a term of three(3) years. Each physical therapist appointed must:
(1) be a licensed physical therapist meeting the requirements ofthis chapter;
(2) have had not less than three (3) years experience in theactual practice of physical therapy immediately precedingappointment; and
(3) be a resident of the state and actively engaged in this statein the practice of physical therapy during incumbency as amember of the committee.
(Formerly: Acts 1957, c.198, s.4; Acts 1971, P.L.379, SEC.3.) Asamended by Acts 1981, P.L.222, SEC.195; P.L.150-1986, SEC.6.
IC 25-27-1-5
Determination of qualifications; administration of examinations;standards for competent practice
Sec. 5. (a) The committee shall:
(1) pass upon the qualifications of physical therapists whoapply for licensure and physical therapist's assistants who applyfor certification;
(2) provide all examinations either directly or by delegationunder subsection (c);
(3) determine the applicants who successfully passexaminations;
(4) license qualified applicants; and
(5) propose rules concerning the competent practice of physicaltherapy to the board.
(b) The board shall adopt rules, considering the committee'sproposed rules, establishing standards for the competent practice of
physical therapy.
(c) The committee may approve and utilize the services of atesting company or agent to prepare, conduct, and scoreexaminations.
(Formerly: Acts 1957, c.198, s.5; Acts 1971, P.L.379, SEC.4.) Asamended by Acts 1981, P.L.222, SEC.196; P.L.150-1986, SEC.7;P.L.259-1987, SEC.3.
IC 25-27-1-6
Evidence of qualification
Sec. 6. (a) Each applicant for a license as a physical therapist orcertification as a physical therapist's assistant must presentsatisfactory evidence that the applicant:
(1) does not have a conviction for a crime that has a directbearing on the applicant's ability to practice competently; and
(2) has not been the subject of a disciplinary action initiated bythe licensing agency of another state or jurisdiction on thegrounds that the applicant was unable to practice as a physicaltherapist or physical therapist's assistant without endangeringthe public.
(b) Each applicant for a license as a physical therapist mustsubmit proof to the committee of the applicant's graduation from aschool or program of physical therapy that meets standards set by thecommittee. Each applicant for a certificate as a physical therapist'sassistant must present satisfactory evidence that the applicant is agraduate of a two (2) year college level education program forphysical therapist's assistants that meets the standards of thecommittee. At the time of making application, each applicant mustpay a fee determined by the board after consideration of anyrecommendation of the committee.
(c) An applicant may appeal the committee's decision to denylicensure to the committee within fifteen (15) days after the applicantreceives notification of the committee's decision. Upon receiving anappeal under this subsection, the committee shall set the matter foran administrative hearing under IC 4-21.5.
(Formerly: Acts 1957, c.198, s.6; Acts 1971, P.L.379, SEC.5.) Asamended by Acts 1981, P.L.222, SEC.197; Acts 1982, P.L.113,SEC.66; P.L.150-1986, SEC.8; P.L.149-1987, SEC.78;P.L.152-1988, SEC.23; P.L.33-1993, SEC.48.
IC 25-27-1-7
Examination; reexamination
Sec. 7. (a) All examinations of the applicants for licensure asphysical therapists or for certification as physical therapist'sassistants shall be held in Indiana at least twice a year.
(b) Examinations shall include a written or computer examinationwhich must test the applicant's knowledge of the basic and clinicalsciences as they relate to physical therapy, physical therapy theoryand procedures, and such other subjects as the committee may deemuseful to test the applicant's fitness to practice physical therapy or to
act as a physical therapist's assistant.
(c) Any qualified applicant who fails an examination and isrefused a license or certificate may take another examination withinthe time limits set by the committee upon payment of an additionalfee determined by the board after consideration of anyrecommendation of the committee.
(d) Nothing in this section shall be construed as a prohibitionagainst any qualified applicant who has failed an examination frommaking further application for a license to practice physical therapyor for a certificate to act as a physical therapist's assistant when theapplication is accompanied by the fee determined by the board afterconsideration of any recommendation of the committee.
(Formerly: Acts 1957, c.198, s.7; Acts 1971, P.L.379, SEC.6.) Asamended by P.L.136-1984, SEC.1; P.L.150-1986, SEC.9;P.L.173-1996, SEC.14.
IC 25-27-1-8
Issuance of license; renewal; reinstatement; temporarynonrenewable permit; retirement from practice
Sec. 8. (a) The committee shall license as a physical therapist eachapplicant who:
(1) successfully passes the examination provided for in thischapter; and
(2) is otherwise qualified as required by this chapter.
(b) All licenses and certificates issued by the committee expire onthe date of each even-numbered year specified by the Indianaprofessional licensing agency under IC 25-1-5-4. A renewal feeestablished by the board after consideration of any recommendationof the committee must be paid biennially on or before the datespecified by the Indiana professional licensing agency, and if notpaid on or before that date, the license or certificate becomes invalid,without further action by the committee. A penalty fee set by theboard after consideration of any recommendation of the committeeshall be in effect for any reinstatement within three (3) years fromthe original date of expiration.
(c) An expired license or certificate may be reinstated by thecommittee up to three (3) years after the expiration date if the holderof the expired license or certificate:
(1) pays a penalty fee set by the board after consideration of anyrecommendation of the committee; and
(2) pays the renewal fees for the biennium.
If more than three (3) years have elapsed since expiration of thelicense or certificate, the holder may be reexamined by thecommittee. The board may adopt, after consideration of anyrecommendation of the committee, rules setting requirements forreinstatement of an expired license.
(d) The committee may issue not more than two (2) temporarypermits to a physical therapist or physical therapist's assistant. Aperson with a temporary permit issued under this subsection maypractice physical therapy only under the direct supervision of a
licensed physical therapist who is responsible for the patient. Atemporary permit may be issued to any person who has paid a fee setby the board after consideration of any recommendation of thecommittee and who:
(1) has a valid license from another state to practice physicaltherapy, or has a valid certificate from another state to act as aphysical therapist's assistant; or
(2) has applied for and been approved by the committee to takethe examination for licensure or certification, has not previouslyfailed the licensure or certification examination in Indiana orany other state, and has:
(A) graduated from a school or program of physical therapy;or
(B) graduated from a two (2) year college level educationprogram for physical therapist's assistants that meets thestandards set by the committee.
The applicant must take the examination within the time limits set bythe committee.
(e) A temporary permit issued under subsection (d) expires whenthe applicant becomes licensed or certified, or approved forendorsement licensing or certification by the committee, or when theapplication for licensure has been disapproved, whichever occursfirst. An application for licensure or certification is disapproved andany temporary permit based upon the application expires when theapplicant fails to take the examination within the time limits set bythe committee or when the committee receives notification of theapplicant's failure to pass any required examination in Indiana or anyother state.
(f) A holder of a license or certificate under this chapter whointends to retire from practice shall notify the committee in writing.Upon receipt of the notice, the committee shall record the fact thatthe holder of the license or certificate is retired and release theperson from further payment of renewal fees. If a holder of thelicense or certificate surrenders a license or certificate, reinstatementof the license or certificate may be considered by the committee uponwritten request. The committee may impose conditions it considersappropriate to the surrender or reinstatement of a surrendered licenseor certificate. A license or certificate may not be surrendered to thecommittee without the written consent of the committee if anydisciplinary proceedings are pending against a holder of a license orcertificate under this chapter.
(Formerly: Acts 1957, c.198, s.8; Acts 1971, P.L.379, SEC.7.) Asamended by Acts 1981, P.L.222, SEC.198; P.L.136-1984, SEC.2;P.L.150-1986, SEC.10; P.L.149-1987, SEC.79; P.L.48-1991,SEC.48; P.L.214-1993, SEC.59; P.L.244-1995, SEC.1;P.L.173-1996, SEC.15; P.L.1-2006, SEC.467.
IC 25-27-1-9
Foreign applicants; license or certificate by endorsement; fee
Sec. 9. (a) The committee may register and furnish a license or
certify by endorsement any applicant who presents evidencesatisfactory to the committee of being duly licensed to practicephysical therapy or to act as a physical therapist's assistant in anotherstate if the applicant is otherwise qualified as required in section 6 ofthis chapter. However, the committee shall register and furnish alicense or certificate by endorsement to any applicant who is licensedto practice physical therapy or to act as a physical therapist's assistantin another state if:
(1) the applicant is otherwise qualified as required under section6(a) and 6(b) of this chapter; and
(2) the applicant has successfully passed a licensureexamination in another state equal to or exceeding theexamination standards of Indiana.
At the time of making an application, the applicant shall pay a feedetermined by the board after consideration of any recommendationof the committee.
(b) The committee may license as a physical therapist or certifyas a physical therapist's assistant any person who has graduated as aphysical therapist or physical therapist's assistant, whichever isappropriate, in a foreign country from an educational programapproved by the committee if the applicant presents satisfactoryevidence to the committee that the applicant:
(1) does not have a conviction for:
(A) an act that would constitute a ground for disciplinarysanction under IC 25-1-9; or
(B) a crime that has a direct bearing on the applicant's abilityto practice competently; and
(2) has not been the subject of a disciplinary action initiated bythe licensing agency of another state or jurisdiction on thegrounds that the applicant was unable to practice as a physicaltherapist or physical therapist's assistant without endangeringthe public;
and that the applicant has successfully passed the physical therapylicensure or physical therapist's assistant certification examinationprovided for by this chapter. However, the committee, in evaluatingan educational program under this subsection shall approve at leastthree (3) credential evaluating agencies acceptable to the board forthe purpose of evaluating educational programs.
(c) At the time of making an application under subsection (b), theapplicant shall pay a fee determined by the board after considerationof any recommendation of the committee.
(Formerly: Acts 1957, c.198, s.9; Acts 1971, P.L.379, SEC.8.) Asamended by Acts 1981, P.L.222, SEC.199; Acts 1982, P.L.113,SEC.67; P.L.136-1984, SEC.3; P.L.150-1986, SEC.11;P.L.259-1987, SEC.4; P.L.152-1988, SEC.24; P.L.96-1990, SEC.15;P.L.2-1995, SEC.97; P.L.244-1995, SEC.2.
IC 25-27-1-10
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-27-1-10.1
Repealed
(Repealed by P.L.152-1988, SEC.30.)
IC 25-27-1-11
Refund of fees
Sec. 11. The fees collected under this chapter shall under nocircumstances be refunded to the applicant.
(Formerly: Acts 1957, c.198, s.11.) As amended by Acts 1981,P.L.222, SEC.201; P.L.150-1986, SEC.13.
IC 25-27-1-12
Violation of chapter; injunction
Sec. 12. A person who violates this chapter commits a Class Bmisdemeanor. In addition the board may, in the name of the state,through the attorney general, apply in any court to enjoin any personfrom practicing physical therapy or acting as a physical therapist'sassistant, in violation of IC 25-27-1-2.
(Formerly: Acts 1957, c.198, s.12; Acts 1971, P.L.379, SEC.10.) Asamended by Acts 1978, P.L.2, SEC.2546.