(d) The training permit shall allow the holder thereof to work only under the direct supervision of a physical therapist who has been approved by the board and has practiced for not less than one year prior to assuming the supervisory role. (e) Training permits are governed by rules and regulations authorized under this article and approved by the board. § 43-33-18. Refusal to grant or restore licenses; discipline of licensees; suspension,revocation, or restriction of licenses; immunity for violation reporters (a) The board shall have authority to refuse to grant or restore a license to an applicant or to discipline a physical therapist licensed under this article upon a finding by the board that the licensee or applicant has: (1) Identified himself or herself as a doctor without also clearly informing the public of his or her professional credential as a physical therapist; (2) Performed physical therapy care and services without examination and evaluation of patients or clients in order to determine a physical therapy diagnosis, prognosis, and plan of intervention, which, in the case of patients who have self-referred, means the physical therapist has: (A) Failed to refer the patient to an individual licensed pursuant to Article 2 of Chapter 11 of Title 43 or Article 2 of Chapter 34 of Title 43 if at any time the physical therapist has reason to believe that the patient has symptoms or conditions that require treatment beyond the scope of practice of the physical therapist or, regardless of the patient's condition, if after 21 days or eight visits from the initiation of a physical therapy plan of intervention, the physical therapist has not received a referral from the patient's provider who is licensed pursuant to Article 2 of Chapter 11 of Title 43 or Article 2 of Chapter 34 of Title 43. The day and visit limitations contained in this subparagraph shall not apply: (i) In the case of services provided for health promotion, wellness, fitness, or maintenance purposes, in which case the physical therapist shall refer a client seen for health promotion, wellness, fitness, or maintenance purposes to an appropriate individual licensed pursuant to Article 2 or 4 of Chapter 34 of Title 43 if the client exhibits or develops signs and symptoms beyond the scope of practice of the physical therapist; (ii) In the case of a patient diagnosed within the previous nine months with a neuromuscular or developmental condition when the evaluation, treatment, or services are being provided for problems or symptoms associated with that previously diagnosed condition; or (iii) In the case of a patient diagnosed within the previous 90 days with a chronic musculoskeletal condition and noted by a current relevant document from an appropriate licensed health care provider; (B) Ordered radiology, performed surgery, ordered laboratory or body fluid testing, diagnosed disease, or practiced medicine; (C) Failed to provide each self-referred patient with a written disclosure that a physical therapy diagnosis is not a medical diagnosis by a physician or based on radiological imaging and that such services might not be covered by the patient's health plan or insurer; (D) Not satisfied the additional requirements for seeing a patient who has self- referred, which shall include:
(i) A doctorate in physical therapy or equivalent degree from an accredited institution plus two years of clinical practice experience; (ii) A doctorate in physical therapy or equivalent and: (I) Post graduate certification; (II) American Board of Physical Therapy Specialties Board Certification; or (III) Residency or fellowship training; or (iii) Five years of clinical practice experience; or (E) Performed dry needling treatment interventions without consulting an individual licensed pursuant to Article 2 or 4 of Chapter 34 of Title 43; or (3) Acted in a manner inconsistent with generally accepted standards of physical therapy practice, regardless of whether actual injury to a patient occurs, or failed to provide the expected minimal standard of patient or managing all aspects of the physical therapy care of each patient. A physical therapist shall provide: (i) The initial evaluation, determination of physical therapy diagnosis, prognosis, and plan of intervention and documentation of the initial evaluation; (ii) Periodic reevaluation and documentation of findings for each patient; and (iii) The documented episode of care for each patient, including the patient's response to the plan of intervention at the time of completion of the episode of care; (B) A physical therapist shall assure the qualifications of all physical therapist assistants and physical therapy aides under his or her direction and supervision; client management, which shall include that: (A) A physical therapist is fully responsible for (C) For each patient on each date of service, a physical therapist shall provide all of the intervention that requires the education, skills, knowledge, and abilities of a physical therapist; (D) A physical therapist shall determine the use of physical therapist assistants and physical therapy aides to ensure the delivery of care that is safe, effective, and efficient. A physical therapist may use physical therapy aides for designated routine tasks. A physical therapy aide shall work under the supervision of a physical therapist; (E) A physical therapist shall communicate the overall plan of care with the patient or the patient's legally authorized representative; (F) A physical therapist's responsibility shall include accurate documentation and billing of the services provided; (G) A physical therapist shall adhere to the recognized standards for professional conduct and code of ethics of the physical therapy profession as established by rule; and (H) A physical therapist shall ensure that he or she has liability coverage either independently or provided by the entity by which he or she is employed. The board shall have authority to refuse to grant or restore a license to an applicant or to discipline a physical therapist assistant licensed under this article upon a finding by the board that the licensee or applicant has: (1) Worked outside the supervision of a physical therapist; (2) Failed to provide accurate documentation or billing of services provided; (3) Failed to adhere to the recognized standards of ethical conduct and code of ethics as established by rule; or
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