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 Medical
Licensing Board
IC 25-27-1-1
Definitions
Sec. 1. For the purposes of this chapter:
(1) "Physical therapy" means the evaluation of, administration
of, or instruction in physical rehabilitative and habilitative
techniques and procedures to evaluate, prevent, correct, treat,
alleviate, and limit physical disability, pathokinesiological
function, bodily malfunction, pain from injury, disease, and any
other physical disability or mental disorder, including:
(A) the use of physical measures, agents, and devices for
preventive and therapeutic purposes;
(B) neurodevelopmental procedures;
(C) the performance, interpretation, and evaluation of
physical therapy tests and measurements; and
(D) the provision of consultative, educational, and other
advisory services for the purpose of preventing or reducing
the incidence and severity of physical disability, bodily
malfunction, and pain.
(2) "Physical therapist" means a person who practices physical
therapy as defined in this chapter.
(3) "Physical therapist's assistant" means a person who assists
in 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 therapy
committee 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.) As
amended 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 is
unlawful for a person to practice physical therapy or to profess to be
a physical therapist, physiotherapist, or physical therapy technician
or 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 a
physical therapist, or to practice or to assume the duties incident to
physical therapy without first obtaining from the board a license
authorizing the person to practice physical therapy in this state.
(b) It is unlawful for a person to practice physical therapy other
than upon the order or referral of a physician, podiatrist,
psychologist, chiropractor, or dentist holding an unlimited license to
practice medicine, podiatric medicine, psychology, chiropractic, or
dentistry, respectively. It is unlawful for a physical therapist to use
the services of a physical therapist's assistant except as provided
under this chapter. For the purposes of this subsection, the function
of:
(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 for
a person to act as a physical therapist's assistant or to use initials,
letters, words, abbreviations, or insignia indicating that the person is
a physical therapist's assistant without first obtaining from the board
a certificate authorizing the person to act as a physical therapist's
assistant. It is unlawful for the person to act as a physical therapist's
assistant other than under the direct supervision of a licensed
physical therapist who is in responsible charge of a patient or under
the direct supervision of a physician. However, nothing in this
chapter prohibits a person licensed or registered in this state under
another law from engaging in the practice for which the person is
licensed or registered. These exempted persons include persons
engaged in the practice of osteopathy, chiropractic, or podiatric
medicine.
(d) This chapter does not authorize a person who is licensed as a
physical therapist or certified as a physical therapist's assistant to:
(1) evaluate any physical disability or mental disorder except
upon the order or referral of a physician, podiatrist,
psychologist, chiropractor, or dentist;
(2) practice medicine, surgery (as described in
IC 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 in
medicine.
(Formerly: Acts 1957, c.198, s.2; Acts 1971, P.L.379, SEC.2.) As
amended 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 not
prohibited
Sec. 3.1. This chapter does not prohibit any of the following:
(1) The practice of any occupation or profession for which a
person is licensed, certified, or registered in Indiana by a state
agency. The persons who are exempted by this subdivision
include persons licensed, certified, or registered to practice
osteopathy, chiropractic, or podiatric medicine.
(2) The practice of any health care occupation or profession by
a person who is practicing within the scope of the person's
education and experience.
(3) The performance of any first aid procedure incidental to a
person's employment or volunteer duties.
(4) The performance of an emergency first aid procedure by any
person.
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 physical
therapy committee to assist the board in carrying out this chapter
regarding the qualifications and examinations of physical therapists
and 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 not
associated with physical therapy in any way, other than as a
consumer.
(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 of
this chapter;
(2) have had not less than three (3) years experience in the
actual practice of physical therapy immediately preceding
appointment; and
(3) be a resident of the state and actively engaged in this state
in the practice of physical therapy during incumbency as a
member of the committee.
(Formerly: Acts 1957, c.198, s.4; Acts 1971, P.L.379, SEC.3.) As
amended 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 who
apply for licensure and physical therapist's assistants who apply
for certification;
(2) provide all examinations either directly or by delegation
under subsection (c);
(3) determine the applicants who successfully pass
examinations;
(4) license qualified applicants; and
(5) propose rules concerning the competent practice of physical
therapy to the board.
(b) The board shall adopt rules, considering the committee's
proposed rules, establishing standards for the competent practice of
physical therapy.
(c) The committee may approve and utilize the services of a
testing company or agent to prepare, conduct, and score
examinations.
(Formerly: Acts 1957, c.198, s.5; Acts 1971, P.L.379, SEC.4.) As
amended 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 or
certification as a physical therapist's assistant must present
satisfactory evidence that the applicant:
(1) does not have a conviction for a crime that has a direct
bearing on the applicant's ability to practice competently; and
(2) has not been the subject of a disciplinary action initiated by
the licensing agency of another state or jurisdiction on the
grounds that the applicant was unable to practice as a physical
therapist or physical therapist's assistant without endangering
the public.
(b) Each applicant for a license as a physical therapist must
submit proof to the committee of the applicant's graduation from a
school or program of physical therapy that meets standards set by the
committee. Each applicant for a certificate as a physical therapist's
assistant must present satisfactory evidence that the applicant is a
graduate of a two (2) year college level education program for
physical therapist's assistants that meets the standards of the
committee. At the time of making application, each applicant must
pay a fee determined by the board after consideration of any
recommendation of the committee.
(c) An applicant may appeal the committee's decision to deny
licensure to the committee within fifteen (15) days after the applicant
receives notification of the committee's decision. Upon receiving an
appeal under this subsection, the committee shall set the matter for
an administrative hearing under IC 4-21.5.
(Formerly: Acts 1957, c.198, s.6; Acts 1971, P.L.379, SEC.5.) As
amended 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 as
physical therapists or for certification as physical therapist's
assistants shall be held in Indiana at least twice a year.
(b) Examinations shall include a written or computer examination
which must test the applicant's knowledge of the basic and clinical
sciences as they relate to physical therapy, physical therapy theory
and procedures, and such other subjects as the committee may deem
useful 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 is
refused a license or certificate may take another examination within
the time limits set by the committee upon payment of an additional
fee determined by the board after consideration of any
recommendation of the committee.
(d) Nothing in this section shall be construed as a prohibition
against any qualified applicant who has failed an examination from
making further application for a license to practice physical therapy
or for a certificate to act as a physical therapist's assistant when the
application is accompanied by the fee determined by the board after
consideration of any recommendation of the committee.
(Formerly: Acts 1957, c.198, s.7; Acts 1971, P.L.379, SEC.6.) As
amended 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; temporary
nonrenewable permit; retirement from practice
Sec. 8. (a) The committee shall license as a physical therapist each
applicant who:
(1) successfully passes the examination provided for in this
chapter; and
(2) is otherwise qualified as required by this chapter.
(b) All licenses and certificates issued by the committee expire on
the date of each even-numbered year specified by the Indiana
professional licensing agency under IC 25-1-5-4. A renewal fee
established by the board after consideration of any recommendation
of the committee must be paid biennially on or before the date
specified by the Indiana professional licensing agency, and if not
paid on or before that date, the license or certificate becomes invalid,
without further action by the committee. A penalty fee set by the
board after consideration of any recommendation of the committee
shall be in effect for any reinstatement within three (3) years from
the original date of expiration.
(c) An expired license or certificate may be reinstated by the
committee up to three (3) years after the expiration date if the holder
of the expired license or certificate:
(1) pays a penalty fee set by the board after consideration of any
recommendation of the committee; and
(2) pays the renewal fees for the biennium.
If more than three (3) years have elapsed since expiration of the
license or certificate, the holder may be reexamined by the
committee. The board may adopt, after consideration of any
recommendation of the committee, rules setting requirements for
reinstatement of an expired license.
(d) The committee may issue not more than two (2) temporary
permits to a physical therapist or physical therapist's assistant. A
person with a temporary permit issued under this subsection may
practice physical therapy only under the direct supervision of a
licensed physical therapist who is responsible for the patient. A
temporary permit may be issued to any person who has paid a fee set
by the board after consideration of any recommendation of the
committee and who:
(1) has a valid license from another state to practice physical
therapy, or has a valid certificate from another state to act as a
physical therapist's assistant; or
(2) has applied for and been approved by the committee to take
the examination for licensure or certification, has not previously
failed the licensure or certification examination in Indiana or
any other state, and has:
(A) graduated from a school or program of physical therapy;
or
(B) graduated from a two (2) year college level education
program for physical therapist's assistants that meets the
standards set by the committee.
The applicant must take the examination within the time limits set by
the committee.
(e) A temporary permit issued under subsection (d) expires when
the applicant becomes licensed or certified, or approved for
endorsement licensing or certification by the committee, or when the
application for licensure has been disapproved, whichever occurs
first. An application for licensure or certification is disapproved and
any temporary permit based upon the application expires when the
applicant fails to take the examination within the time limits set by
the committee or when the committee receives notification of the
applicant's failure to pass any required examination in Indiana or any
other state.
(f) A holder of a license or certificate under this chapter who
intends to retire from practice shall notify the committee in writing.
Upon receipt of the notice, the committee shall record the fact that
the holder of the license or certificate is retired and release the
person from further payment of renewal fees. If a holder of the
license or certificate surrenders a license or certificate, reinstatement
of the license or certificate may be considered by the committee upon
written request. The committee may impose conditions it considers
appropriate to the surrender or reinstatement of a surrendered license
or certificate. A license or certificate may not be surrendered to the
committee without the written consent of the committee if any
disciplinary proceedings are pending against a holder of a license or
certificate under this chapter.
(Formerly: Acts 1957, c.198, s.8; Acts 1971, P.L.379, SEC.7.) As
amended 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 evidence
satisfactory to the committee of being duly licensed to practice
physical therapy or to act as a physical therapist's assistant in another
state if the applicant is otherwise qualified as required in section 6 of
this chapter. However, the committee shall register and furnish a
license or certificate by endorsement to any applicant who is licensed
to practice physical therapy or to act as a physical therapist's assistant
in another state if:
(1) the applicant is otherwise qualified as required under section
6(a) and 6(b) of this chapter; and
(2) the applicant has successfully passed a licensure
examination in another state equal to or exceeding the
examination standards of Indiana.
At the time of making an application, the applicant shall pay a fee
determined by the board after consideration of any recommendation
of the committee.
(b) The committee may license as a physical therapist or certify
as a physical therapist's assistant any person who has graduated as a
physical therapist or physical therapist's assistant, whichever is
appropriate, in a foreign country from an educational program
approved by the committee if the applicant presents satisfactory
evidence to the committee that the applicant:
(1) does not have a conviction for:
(A) an act that would constitute a ground for disciplinary
sanction under IC 25-1-9; or
(B) a crime that has a direct bearing on the applicant's ability
to practice competently; and
(2) has not been the subject of a disciplinary action initiated by
the licensing agency of another state or jurisdiction on the
grounds that the applicant was unable to practice as a physical
therapist or physical therapist's assistant without endangering
the public;
and that the applicant has successfully passed the physical therapy
licensure or physical therapist's assistant certification examination
provided for by this chapter. However, the committee, in evaluating
an educational program under this subsection shall approve at least
three (3) credential evaluating agencies acceptable to the board for
the purpose of evaluating educational programs.
(c) At the time of making an application under subsection (b), the
applicant shall pay a fee determined by the board after consideration
of any recommendation of the committee.
(Formerly: Acts 1957, c.198, s.9; Acts 1971, P.L.379, SEC.8.) As
amended 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 no
circumstances 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 B
misdemeanor. In addition the board may, in the name of the state,
through the attorney general, apply in any court to enjoin any person
from practicing physical therapy or acting as a physical therapist's
assistant, in violation of IC 25-27-1-2.
(Formerly: Acts 1957, c.198, s.12; Acts 1971, P.L.379, SEC.10.) As
amended by Acts 1978, P.L.2, SEC.2546.