Administrative Rule Review Report  #AR10-014

Legislative Service Office

11-Feb-10

AGENCY: Board of Physical Therapy.

DATE SUBMITTED: February 4, 2010.

SUBJECT: Chapters 1 through 10, Board of Physical Therapy Rules.

NATURE OF RULES:                        Legislative, procedural and interpretive.

STATUTORY AUTHORITY:            33-25-104(a)(iv).

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:

Apparently complete to date.  Notice of the adoption of new rules was provided by LSO as required by W.S. 28-9-103(d).  LSO received comments from Representative Hallinan and those comments were forwarded to the Agency.  In response to those comments, the Agency removed from the final adopted rules those provisions about which Representative Hallinan had concern.

SUMMARY OF RULES:

These are new rules promulgated to implement amendments to the Practice Act, W.S. 33-25-101 through 33-25-116, effective July 1, 2009.  The new rules provide definitions, establish standards for licensing examinations and establish standards for U.S. educated and foreign educated applicants for licensing and certification.  The new rules specify the types of licenses available and address lapses in practice.  The rules provide for the renewal of licenses, establish a code of ethics for physical therapists, set fees, outline requirements to maintain professional competence, mandate minimum standards of practice and establish qualifications necessary to perform specified types of physical therapy care.  These new rules additionally provide extensive standards for the supervision of support personnel.  The rules adopt standards for the consideration, granting, denial, hearing and review of licenses and certifications as well as adopt processes and standards for the consideration of complaints against persons regulated by the Board.  Finally, the rules contain provisions related to the discipline of physical therapists and others regulated by the Board.

FINDINGS:   The rules appear to be within the scope of statutory authority and legislative intent. 

TECHNICAL CONSIDERATION:  LSO suggests that the Council recommend that the Agency revise its final rules to provide a proper citation in Chapter 3, Section 1(a)(x).  The citation to W.S. 7-19-201(l)(xiii) should be "W.S. 7-19-201(a)(xv)". 

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency, with the recommendation that the citation in Chapter 3, Section 1(b)(vi) be corrected.

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Ian Shaw

Staff Attorney

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Lynda G. Cook

Staff Attorney

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