Article 29.--PHYSICAL THERAPY

K.A.R. 100-29-1. Applications. (a) Each applicant for licensure as a physical therapist or certification as a physical therapist assistant shall submit a completed application on a form provided by the board.  The application shall include the following information in legible writing:
            (1) The applicant's full name;
            (2) the applicant's social security number, driver’s license number, nondriver identification number, or individual tax identification number if the applicant is advised that providing a social security number is voluntary pursuant to K.S.A. 74-139 and 74-148, and amendments thereto, and that if the social security number is provided, the agency may provide this number to the Kansas department of social and rehabilitation services for child support enforcement purposes and to the Kansas department of revenue’s director of taxation;
            (3) the applicant's mailing address. If the applicant's mailing address is different from the applicant's residential address, the applicant shall also provide the residential address;
            (4) the applicant's daytime telephone number;
            (5) the applicant's date and place of birth;
            (6) the names of all educational programs recognized under K.A.R. 100-29-2 that the applicant attended, including the program from which the applicant graduated, the degree awarded to the applicant, and the date of graduation;
            (7) information regarding any licenses, registrations, or certifications issued to the applicant to practice any healthcare profession;
            (8) information regarding any prior acts specified in K.S.A. 65-2912, and amendments thereto, that could constitute grounds for denial of the application;
            (9) a notarized release authorizing the board to receive any relevant information, files, or records requested by the board in connection with the application; and
            (10) the number of times the applicant has taken the examination required by the board for licensure or certification and the date that the applicant passed the examination.
            (b) Each applicant shall submit the following with the application:
            (1) The fee required by K.A.R. 100-29-7;
            (2) an official transcript that specifies the degree awarded from an educational program recognized by the board under K.A.R. 100-29-2;
            (3) a verification on a form provided by the board of each license, registration, or certification issued to the applicant by any state or the District of Columbia relating to any healthcare profession;
            (4) a current photograph, three by four inches in size, of the applicant’s head and shoulders taken within 90 days before the date the application is received by the board; and
            (5) evidence provided directly to the board from the testing entity recognized and approved under K.A.R. 100-29-4 that the applicant has passed the examination.
            (c) The applicant shall sign the application under oath and have the application notarized.
            (d) The physical therapy advisory council shall consider the application from each person who has not been engaged in an educational program recognized by the board and has not engaged in the practice of physical therapy during the five years preceding the date of the application. The council shall then submit its written recommendation to the board. (Authorized by K.S.A. 2009 Supp. 65-2911; implementing K.S.A. 2009 Supp. 65-2903, 65-2906, and 65-2912; effective March 21, 1997; amended May 26, 2006; amended May 14, 2010.)

K.A.R. 100-29-2. Approval of physical therapy programs. A list of approved physical therapist and physical therapist assistant schools shall be maintained by the board. No school shall be approved without the formal action of the board. In determining the list of approved schools for physical therapists and physical therapist assistants, the approval of a school by the American physical therapy association may be considered by the board. If the school from which the applicant received the physical therapist or physical therapist assistant degree was not on the list of approved schools at the time of the applicant's graduation, the board may consider whether the program was equivalent to physical therapist and physical therapist assistant schools which were approved by the American physical therapy association at that time. (Authorized by K.S.A. 65-2911; implementing K.S.A. 1995 Supp. 65-2906; effective March 21, 1997.)

K.A.R. 100-29-3. Requirements for physical therapists and physical therapist assistants from non-approved schools. (a) Each person who received training from a non-approved school and who applies for registration as a physical therapist or certification as a physical therapist assistant, shall submit with the application an evaluation prepared for the state of Kansas by a board approved credentialing agency.
(b) Each applicant for registration or certification who received training from a school at which English was not the language of instruction shall submit with the application proof of passage of board approved examinations testing applicant's ability to effectively communicate in written and oral English. (Authorized by K.S.A. 65-2911; implementing K.S.A. 1995 Supp. 65-2906, K.S.A. 65-2909; effective March 21, 1997.)

K.A.R. 100-29-3a. Examination of written and oral English communication. (a) For each applicant who received training in a school at which English was not the language of instruction, the examinations required and approved by the board to demonstrate the ability to communicate in written and oral English shall be the test of English as a foreign language (TOEFL), the test of written English (TWE), and the test of spoken English (TSE), as developed and administered by the educational testing service (ETS).
(b)  To successfully pass the test of English as a foreign language, each applicant who is required to take this examination shall attain a score of at least 24 in writing, 26 in speaking, 21 in reading, and 18 in listening.
(c)  To successfully pass the test of spoken English, each applicant who is required to take this examination shall attain a score of at least 5.0.
(d) To successfully pass the test of written English, each applicant who is required to take this examination shall attain a score of at least 4.5.  (Authorized by K.S.A. 2008 Supp. 65-2911; implementing K.S.A. 2008 Supp. 65-2906 and 65-2909; effective Sept. 11, 1998; amended January 4, 2010.)

K.A.R. 100-29-4. Examination. (a) The examination required and approved by the board for registration as a physical therapist shall be the physical therapist examination developed by the federation of state boards of physical therapy.
(b) The examination required and approved by the board for certification as a physical therapist assistant shall be the physical therapist assistant examination developed by the federation of state boards of physical therapy.
(c) To successfully pass the examination for registration or certification, each physical therapist and physical therapist assistant shall attain a criterion-referenced scaled score of at least 600 on a scale ranging from 200 to 800.
(d) Any applicant who fails to pass the examination after three attempts shall submit evidence of completion of additional education approved by the board before being allowed to take the examination an additional time. (Authorized by K.S.A. 65-2911; implementing K.S.A. 1996 Supp. 65-2906; effective March 21, 1997.)

K.A.R. 100-29-5. Temporary permits. One temporary permit to practice as a physical therapist or physical therapist assistant may be issued by the board to any applicant who meets all the requirements for registration or certification except examination and who pays the temporary permit fee as required under K.A.R. 100-29-7 and amendments thereto. The temporary permit shall expire three months after the date of issue, or on the date the board issues the permanent registration or certification, whichever occurs first. (Authorized by and implementing K.S.A. 65-2911; effective March 21, 1997.)

K.A.R. 100-29-6. Lost or destroyed certificates; change of name; new certificates. (a) If a certificate of registration or certification is lost or destroyed, the registered or certified person may request a duplicate certificate. Each request shall be in writing, shall include the number of the original certificate and shall be accompanied by a fee established by K.A.R. 100-29-7.
(b) If the name of a registered or certified person is changed, the registered or certified person shall send the name change to the board as soon as possible. This notification shall be in writing, shall be accompanied by an attested document of the change of name, shall include the number of the original certificate and shall be accompanied by the fee required for a duplicate certificate established by K.A.R. 100-29-7. The registered or certified person shall surrender the original certificate to the board. (Authorized by K.S.A. 65-2911; implementing K.S.A. 65-2908; effective March 21, 1997.)

K.A.R. 100-29-7. Amount. The following fees shall be collected by the board.
(a) Application based upon certificate of prior examination. . .$80.00
(b) Application based on examination. .$100.00
(c) Annual renewal:
(1) Paper renewal .$70.00
(2) On-line renewal. . .$67.00
(d) Late renewal:
(1) Paper late renewal .$5.00
(2) On-line late renewal. . .$5.00
(e) Reinstatement .$80.00
(f) Certified copy.$15.00
(g) Duplicate certificate . .$15.00
(h) Temporary permit . .$25.00
(Authorized by K.S.A. 2003 Supp. 65-2911; implementing K.S.A. 2003 Supp. 65-2910, as
amended by L. 2004, Ch. 117, Sec. 18, and K.S.A. 2003 Supp. 65-2911; effective March 21,
1997; amended May 1, 1998; amended Sept. 29, 2000; amended Nov. 15, 2002; amended Nov. 19, 2004.)

K.A.R. 100-29-8. Registration renewal; expiration date; notification of supervision. (a) The registration of every physical therapist and the certification of every physical therapist assistant shall expire on December 31 of each year.
(b) At the time of renewal of registration, the physical therapist shall indicate the following information for each physical therapist assistant who is working under the direction of the physical therapist on forms provided by the board:
(1) the name;
(2) the place of employment; and
(3) the address of the employer.
(c) At the time of a renewal of certification, the physical therapist assistant shall indicate the name of the physical therapist who is supervising the assistant, and shall state the assistant's place of employment and address of the employer. (Authorized by and implementing K.S.A. 65-2911; effective March 21, 1997.)

K.A.R. 100-29-9. Registration renewal; continuing education. (a)(1)(A) As a condition of renewal for each odd-numbered year, each registered physical therapist or certified physical therapist assistant shall submit, in addition to the annual application for renewal of registration or certification, evidence of satisfactory completion within the preceding two-year period of a minimum of 40 contact hours of continuing education for a registered physical therapist and a minimum of 20 contact hours of continuing education for a certified physical therapist assistant.
(B) Evidence of satisfactory completion of a program of continuing education shall not be required to be submitted with the application or renewal of registration or certification in even-numbered years.
(2) A contact hour shall be 60 minutes of instruction.
(3) Meals and breaks shall not be included in the contact hour calculation.
(b) Any applicant for renewal who cannot meet the requirements of paragraph (a)(1)(A) may request an extension from the board to submit evidence of continuing education. The request shall include a plan for completion of the continuing education requirements within the requested extension period. An extension up to six months may be granted by the board for good cause shown.
(c) Each physical therapist initially registered or physical therapist assistant initially certified within one year of a renewal date when evidence of continuing education must be submitted shall not be required to submit evidence of satisfactory completion of a program of continuing education required by paragraph (a)(1)(A) for that first renewal period. Each physical therapist or physical therapist assistant initially registered or certified or whose registration or certification has been reinstated for more than one year but less than two years from a renewal date when continuing education required by paragraph (a)(1)(A) must be submitted, shall be required to submit evidence of satisfactory completion of at least 1/2 of the contact hours of continuing education required by paragraph (a)(1)(A).
(d) All continuing education classes or literature shall be related to the field of physical
therapy.
(e) All continuing education shall meet the requirements of subsection (f).
(f) Continuing education experiences shall be related to the following:
(1) Clinical skills;
(2) administration and management techniques;
(3) educational principles when providing service to patients, families, health professionals, health professional students, or the community;
(4) research projects with published results;
(5) interaction with the community;
(6) legislative issues involving the profession;
(7) health care and the health care delivery system;
(8) documentation, reimbursement, cost-effectiveness, and activities;
(9) problem solving, critical thinking, and ethics; and
(10) multidisciplinary care.
(g) Continuing education experiences shall include the following:
(1) Lecture. "Lecture" means a discourse given before an audience for instruction.
(2) Panel. "Panel" means the presentation of a number of views by several professional individuals on a given subject, with none of the views considered a final solution.
(3) Workshop. "Workshop" means a series of meetings designed for intensive study,
work, or discussion in a specific field of interest.
(4) Seminar. "Seminar" means directed advanced study or discussion in a specific field of interest.
(5) Symposium. "Symposium" means a conference of more than a single session organized for the purpose of discussing a specific subject from various viewpoints and by various speakers.
(6) In-service training. "In-service training" means an educational presentation pertaining solely to the enhancement of physical therapy skills in the evaluation, assessment, or treatment of patients.
(7) College or university courses. "College or university courses" means receiving at least a "C" grade or its equivalent, or a "pass" in a pass/fail course, that directly enhances physical therapy skills or knowledge. Ten contact hours shall be given for each semester credit hour.
(8) Administrative training. "Administrative training" means a presentation that
enhances the knowledge of a physical therapist or physical therapist assistant and that does not pertain solely to patient care. Approved presentation topics shall include quality assurance, risk management, reimbursement, hospital and statutory requirements, and claim procedures.
(9) Self-instruction. "Self-instruction" means the following:
(A) Reading professional literature. A maximum of two contact hours shall be given for reading;
(B) completion of home study, correspondence, audio, video, or internet courses. A maximum of 10 contact hours shall be given for each course; and
(C) passage of a speciality certification examination approved by the board. A maximum of 40 contact hours shall be given for passage of a specialty certification examination.
(10) Professional publications. Contact hours for writing a professional publication shall be allotted as follows:
(A) Original paper
single author 20
senior author 15
co-author 8
(B) Review paper or case report
single author 15
co-author 8
(3) Abstract or book review 8
(4) Publication of a book 20
(h)(1) Each registered physical therapist or certified physical therapist assistant who presents a continuing education program shall receive three contact hours for each hour of presentation.
(2) No credit shall be granted for any repeated presentations of the same subject matter.
(i) To provide evidence of satisfactory completion of continuing education, the following shall be submitted to the board:
(1) Documented evidence of attendance at or completion of continuing education experiences;
(2) personal verification of self-instruction from reading professional literature; and
(3) copies of any professional publication. (Authorized by K.S.A. 65-2910 and 65-2911; implementing K.S.A. 65-2910; effective March 21, 1997; amended Nov. 14, 2003.)

K.A.R. 100-29-10. Lapsed registrations and certifications; reinstatement. (a) Each physical therapist and physical therapist assistant desiring to reinstate a lapsed registration or certificate shall meet the following requirements:
(1) Submit a completed written application on a form prescribed by the board;
(2) pay the renewal fee and the reinstatement fee established by the board, no part of which shall be refunded; and
(3) submit proof of satisfactory completion of a program of continuing education as specified in subsection (b).
(b)(1) If the registration of a physical therapist has lapsed for less than five years, the applicant shall complete the continuing education that was required at the time the registration lapsed, plus a minimum of an additional 10 contact hours for each six months since the date the registration lapsed.
(2) If the certification of a physical therapist assistant has lapsed for less than five years, the applicant shall complete the continuing education that was required at the time the certification lapsed, plus a minimum of an additional five contact hours for each six months since the date the certification lapsed.
(3) If the registration or certificate has lapsed for five years or more, the applicant shall be required to pass the approved examination for registration or certification within one year
before applying for reinstatement.
(4) If the applicant has been in active practice in another state or the District of Columbia since the date on which the registration or certificate lapsed, the applicant shall submit proof of current license, registration, or certification, and proof of compliance with the continuing education requirements of that jurisdiction. (Authorized by K.S.A. 65-2910 and K.S.A. 65-2911; implementing K.S.A. 65-2910; effective March 21, 1997; amended Nov. 14, 2003)

K.A.R. 100-29-11. Complaint; institution of proceedings; hearings. Whenever a complaint is received by the board alleging one or more grounds for revocation or suspension of a registration or certificate, the complaint shall first be considered by members of the physical therapy examining committee who shall act in an advisory capacity. The committee shall then make its recommendations to the board. (Authorized by K.S.A. 65-2903 and 65-2911; implementing K.S.A. 65-2912; effective March 21, 1997.)

K.A.R. 100-29-12. Unprofessional conduct, defined. (a) "Unprofessional conduct" means any of the following:
(1) engaging in physical therapy:
(A) under a false or assumed name; or
(B) by impersonating another person registered as a physical therapist or certified as a physical therapist assistant;
(2) practicing physical therapy without reasonable skill and safety because of:
(A) illness;
(B) alcoholism;
(C) excessive use of drugs, controlled substances, chemicals, or any other type of material; or
(D) any mental or physical condition;
(3) having a physical therapy or physical therapist assistant license, registration, or certification revoked, suspended, or limited by the proper regulatory authority of another state, territory, or country, or the District of Columbia for acts or conduct which would constitute grounds for disciplinary action under K.S.A. 65-2912 and amendments thereto;
(4) having a physical therapy or physical therapist assistant application denied by the proper regulatory authority of another state, territory, or country, or the District of Columbia for acts or conduct which would constitute grounds for disciplinary action under K.S.A. 65-2912 and amendments thereto;
(5) cheating or attempting to subvert the validity of the examination required for registration;
(6) failing to provide adequate supervision to a physical therapist assistant by a physical therapist;
(7) failing to furnish to the board, its investigators, or representatives any information legally requested by the board;
(8) being sanctioned or disciplined by a peer review committee or medical care facility for acts or conduct which would constitute unprofessional conduct under this regulation;
(9) surrendering a license, registration, or certification to practice physical therapy in another state while disciplinary proceedings are pending for acts or conduct which would constitute grounds for denial, refusal to renew, suspension, or revocation under K.S.A. 65-2912 and amendments thereto;
(10) committing one or more instances involving failure to adhere to the applicable standard of care to a degree which constitutes gross negligence, as determined by the board;
(11) committing repeated instances involving failure to adhere to the applicable standard of care to a degree which constitutes ordinary negligence, as determined by the board.
(12) engaging in a pattern of practice or other conduct which demonstrates a manifest incapacity or incompetence to practice physical therapy;
(13) representing to a patient that a manifestly incurable disease, condition, or injury can be permanently cured;
(14) providing physical therapy to a patient without the consent of the patient, the referring physician, or the patient's legal representative;
(15) willfully betraying confidential information;
(16) advertising a guarantee of any professional service relating to physical therapy;
(17) using any advertisement which is false, misleading, or deceptive in any material respect;
(18) committing conduct likely to deceive, defraud, or harm the public;
(19) making a false or misleading statement regarding the registrant's or certificate holder's skill;
(20) committing any act of sexual abuse, misconduct, or exploitation relating to the professional practice of physical therapy;
(21) obtaining any fee by fraud, deceit, or misrepresentation;
(22) failing to keep written records detailing the course of treatment of the patient;
(23) delegating physical therapy to a person whom the registrant or certificate holder knows or has reason to know is not qualified by training or experience to perform the physical therapy;
(24) referring a patient to a health care entity for services if the registrant or certificate holder has a significant investment interest in the health care entity, unless the patient is informed of the following in writing:
(A) the significant investment interest; and
(B) that the patient may obtain such services elsewhere;
(25) performing tests, examinations, or services which have no legitimate purpose;
(26) violating any regulations adopted by the board relating to the practice of physical therapy.
(b) Adequate supervision of a physical therapist assistant shall include, at a minimum, that the supervising physical therapist perform the following activities:
(1) interpret the practitioner's referral;
(2) provide initial evaluation of the referred patient;
(3) develop a treatment plan and program including the patient's long and short-term treatment goals;
(4) assess the competency of the physical therapist assistant to perform assigned tasks;
(5) select and delegate appropriate portions of the treatment plan and program;
(6) identify and document the following:
(A) precautions;
(B) special problems;
(C) contraindication;
(D) goals;
(E) anticipated progress; and
(F) plans for re-evaluation;
(7) direct and supervise noncredentialed personnel in delegated functions;
(8) re-evaluate the patient, adjust the treatment plan, perform final evaluation of the patient, and provide discharge planning;
(9) designate or establish channels of written and oral communication; and
(10) supervise each physical therapist assistant a minimum of one time a week.
(c) As used in this regulation, "health care entity" and "significant investment interest" shall have the meaning ascribed to them by K.S.A. 1995 Supp. 65-2837 and amendments thereto. (Authorized by K.S.A. 65-2911; implementing K.S.A. 65-2912; effective March 21, 1997.)

K.A.R. 100-29-13. Physical therapist assistants; notification to board. Before a physical therapist allows a physical therapist assistant to work under the physical therapist's direction, the physical therapist shall inform the board of the following:
(a) the name of each physical therapist assistant who intends to work under the direction of that physical therapist;
(b) the physical therapist assistant's place of employment; and
(c) the address of that employer. (Authorized by K.S.A. 65-2911; implementing K.S.A. 1995 Supp. 65-2906; effective March 21, 1997.)

K.A.R. 100-29-14. Physical therapist assistants; number. A physical therapist shall have not more than four physical therapist assistants working under the direction of that physical therapist at any time without exception. (Authorized by K.S.A. 65-2911; implementing K.S.A. 1996 Supp. 65-2906; effective March 21, 1997.)