Test Your Knowledge of Law and Practice - Answers
- According to Education Law, Article 130, section 6502, to practice
in this State, all physical therapists and physical therapist
assistants must register with the New York State:
- Education Department
- Health Department
- Office of Professional Discipline
- Worker's Compensation Board
a. The New York State Education Department is authorized by law to license and register physical therapy, physical therapist assisting and 45 other licensed professions.
- What is the function of the Office of Professional Discipline in relation
to the practice of physical therapy?
- to convict professionals who commit State or Federal crimes
- to set guidelines for practice
- to monitor consumer complaints
- to investigate and prosecute allegations of professional misconduct
d. The Office of Professional Discipline investigates and prosecutes all allegations of professional misconduct related to physical therapy practice in New York. The Attorney General prosecutes consumer complaints.
- With regard to patient records, the Rules of the Board of Regents, Part
29.2(a)(3) require all licensed health professionals to:
- retain a patient's records for 6 years and maintain the records of a minor for 6 years and until one year after the minor's 21st birthday
- retain all records, including prescriptions, for a period of 7 years
- retain a patient's records for 7 years and maintain a minor's records until discharge
- retain all records, prescriptions and test protocols for a period of 7 years
a. Regents rule 29.2(a)(3) requires that each patient record be retained for at least six years, and records of minor patients must be retained for at least six years, and until one year after the minor patient reaches the age of 21 years.
- According to Education Law, Article 130, section 6502, a license shall
be valid during the life of the holder unless the:
- Board of Regents revokes, annuls, or suspends the license
- Education Department files charges against the licensee
- licensee moves without proper notification
- licensee practices less than one day per month
a. A license is valid during the life of the holder unless revoked, annulled or suspended by the Board of Regents.
- According to Education Law, Article 130, section 6508, a board for each
profession shall be appointed by the Board of Regents. The purpose of
the State Board for Physical Therapy is to:
- assist the Board of Regents and the Department on matters of professional licensing, practice and conduct
- conduct investigations into misconduct
- register or approve educational programs
- review qualifications of all candidates for licensure
a. The State Boards for the professions are committees of persons licensed in the profession plus at least one public representative who serve as advisors to the Board of Regents and the Department of Education on matters of professional licensing, practice and conduct.
- According to Education Law, Article 130, section 6509, which one of
the following does not constitute professional misconduct?
- being convicted of a crime under Federal Law
- permitting an unlicensed person to perform activities requiring a license
- sharing professional fees with a partner authorized to practice the same profession
- willfully failing to notify the Department of any change in name or mailing address
c. Regents Rule 29.1(b)(4) permits partners to share in the fees for professional services.
- According to the Rules of the New York State Board of Regents, Part
29.2, a licensed professional is practicing proper infection control if:
- direct patient contact is discontinued when the professional has weeping skin lesions
- gown and gloves are only donned if splattering blood is possible
- sharp items are placed in the trash
- the same protective equipment is used between patients
a. Regents Rule 29.2(13)(xii) requires licensees to refrain from all direct patient care when the licensee has exudative lesions or weeping dermatitis that has not been medically evaluated to be safe or capable of being safely protected against.
- According to the Rules of the New York State Board of Regents, Part
29.1 and 29.2, which of the following conduct is lawful?
- delegating professional responsibilities to a physical therapist assistant
- refusing to make available to a patient upon request, copies of health/medical records
- failing to wear an identification badge
- offering bonuses for a professional service
a. A physical therapist may delegate certain professional responsibilities to a physical therapist assistant after determination of the competencies of the physical therapist assistant and given the limitations of Article 136, section 6738.
- Physical therapists and physical therapists assistants re-registering
with the State Education Department need to provide documentation of his/her
completion of a continuing competency requirement when they re-register.
b. False. Physical Therapists and Physical Therapist Assistants must maintain documentation verifying their compliance with the continuing education law in their own records for at least 6 years. They must submit that documentation to the Education Department only if they are notified that their continuing education records are being audited.
- On-site supervision of a physical therapist assistant means that the
physical therapist must:
- Be in the same building as the physical therapist assistant at the time of treatment.
- Be in close proximity, such as in another unconnected building in a group of buildings.
- Be in the same room as the physical therapist assistant.
- Be in the same building as the physical therapist assistant except as provided in Section 6738 of the Education Law.
d. Education Law Section 6738 requires the "on-site" supervision of a physical therapist assistant, but it does not have to be direct personal supervision. (Please note: there are exceptions to this in Section 6738 for home care settings and school settings.)
- According to Education Law, Article 136, section 6731, from which professional
may a physical therapist accept a referral for treatment?
- occupational therapist
- nurse practitioner
c. Section 6731(c) of the Education Law allows a referral by a licensed physician, dentist, podiatrist, nurse practitioner or midwife. Midwives were added to the list in 2007; however, treatment may not be directive from a midwife.
- Which one of the following statements is incorrect regarding the definition
of Physical Therapy as stated in Education Law, Article 136, and section
- Physical therapy includes performance and interpretation of tests and measurements to assess pathological, pathomechanical, and development deficits of human systems.
- Physical therapy includes the use of physical, chemical, and mechanical means to evaluate and treat.
- Physical therapy includes the use of x-rays or radium or the use of electricity for surgical purposes.
- Physical therapy is the evaluation, treatment or prevention of disability, injury, disease, or other conditions of health.
c. Physical therapy does not include the use of x-rays or radium, or the use of electricity for surgical purposes.
- The use of a limited permit is necessary for a new graduate of a physical
therapy program until such time as the graduate has passed the national
licensure exam and been awarded a license by the Department of Education.
The permittee shall practice only when:
- a licensed physical therapist is supervising on-site
- a licensed physical therapist or a physical therapist assistant is supervising on-site
- a licensed physical therapist is providing direct, personal supervision
- a licensed physical therapist is supervising on-site except when the physical therapist has determined that the program is one of maintenance
d. Section 6735(e) of Article 136 states that, with the exception of patients on maintenance programs as defined by Title XVIII of the federal social security act, the supervision of a permittee must be by a licensed physical therapist who is on-site but not necessarily providing direct, personal supervision.
- Pursuant to Education Law, Article 136, section 6736, the only individual
permitted to practice physical therapy in New York State without a license
- a massage therapist
- a physical therapist assistant
- a physical therapist licensed in another state
- a physical therapy student engaged in clinical practice in an approved program of physical therapy
d. Students enrolled in an approved physical therapy or physical therapist assistant program are exempt from requiring a license, certificate, or limited permit. Other exempt persons include: (1) a physical therapist graduate of an approved program provided they have on-site supervision of a licensed physical therapist, have applied and paid fees for licensing and for the examination, have applied and paid a fee for the limited permit and do not exceed 90 days after graduation; (2) a physical therapist employed by the United States government in the armed forces, the public health service or the veterans administration; and (3) a physical therapist licensed in another state or country conducting a teaching clinical demonstration if affiliated with an appropriate agency/association.
- A physical therapist may direct/delegate a physical therapist assistant
to do which of the following tasks?
- determine proper treatment progression
- measure range of motion
- treat a patient before a physical therapist evaluation/examination
- write a discharge note
b. A physical therapist assistant may conduct assessments and measurements but is precluded, by Section 6738 of Article 136, from duties that include evaluation, testing, interpretation, planning or modification of patient programs.
- A physical therapist assistant is defined by all of the following except:
- a person who works under the supervision of a licensed physical therapist
- a person whose duties include evaluation, testing, interpretation, planning or modification of patient programs
- a person whose supervision by a physical therapist is determined to be continuous, but not necessarily on-site when a program has been determined to be maintenance or in a school or home care service setting
- a person whose duties include patient-related activities as assigned by the physical therapist
b. Section 6738 of Article 136 defines physical therapist assistant and clearly states that the physical therapist assistant's duties shall not include evaluation, testing, interpretation, planning or modification of a patient's program.
- Supervision of a physical therapist assistant in a home care service
setting requires both the licensed physical therapist and the physical
therapist assistant to follow specific conditions. Which of the following
conditions is not correct?
- the setting of goals and establishment of a plan of care by the physical therapist
- an initial joint visit to the patient by the supervising physical therapist and the physical therapist assistant
- periodic treatment and evaluation of the patient by the supervising physical therapist
- supervision of three to four physical therapist assistants by one supervising physical therapist
d. In home care service settings, the ratio of physical therapists to physical therapist assistants shall not exceed the ratio of one physical therapist to two physical therapist assistants. In other locations, the ratio of physical therapists to physical therapist assistants may be as high as one to four.
- Which is true concerning the definition of a physical therapist assistant
as written in Education Law Section 6738 (d) of Article 136, which deals
with the provision of physical therapy services in public or private primary
or secondary schools?
- physical therapist assistants may treat children at home in early intervention programs
- physical therapist assistants may evaluate a child as long as the evaluation is reviewed by the physical therapist
- physical therapist assistants must work under the on-site supervision of a physical therapist
- physical therapist assistants may treat children in preschools, primary or secondary schools without on-site supervision
d. Section 6738(d) states that physical therapist assistants may provide care to children in preschools, primary or secondary schools without on-site supervision when certain conditions are met.
- Supervision of a physical therapist assistant can legally be conducted
by which one of the following licensed professionals?
- a dentist
- a faculty member of a physical therapist assistant program
- a physical therapist
- a physician specializing in physical medicine and rehabilitation
c. Only a physical therapist is lawfully permitted to supervise a physical therapist assistant. Physicians are precluded by law from performing this supervisory act.
- Is it lawful for a physical therapist to treat animals in New York State?
- only if a licensed veterinarian provides on-site supervision
- only if the physical therapist is competent in the treatment provided
- only if the animal owner and the veterinarian agree
- under no circumstances
d. New York State law restricts the practice of physical therapy to providing services to humans.
- Which activities may an unlicensed person perform?
- determining goniometry measurements
- mobilizing soft tissue
- performing ultrasound
- transporting patients
d. New York State law restrict the practice of physical therapy to licensed physical therapists or certified physical therapist assistants. Individuals who are not licensed or certified may not provide physical therapy services. Aides may perform non-patient related activities such as secretarial, clerical and housekeeping tasks. Additionally, aides may act as an extra set of hands for the physical therapist or physical therapist assistant who is actually providing the treatment.
- Which of the following statements is correct regarding the Notice of
Advice Form required for treatment of a patient without a referral:
- It must be signed by the patient
- The patient must sign the form regardless of the practice setting in which the treatment will take place
- It is part of a patient's record
- All of the above
d. All of the above are true. At the beginning of treatment without a referral, the physical therapist must advise the patient in writing of the possibility that the treatment may not be covered by the patient's health care plan or insurer without a referral from a physician, dentist, podiatrist, or nurse practitioner and that the treatment may be a covered expense if rendered with a referral. The Notice of Advice must contain the following information:
- a statement of such advice and a statement attesting that the patient has read the Notice of Advice;
- the date treatment will begin;
- the patient's name and address;
- the patient's signature and date the patient signed the form;
- the treating physical therapist's name and address; and
- the treating physical therapist's signature and the date the physical
therapist signed the form
- A physical therapist may treat a patient without a referral for:
- thirty days or five treatment sessions
- thirty days or ten treatment sessions
- sixty days of treatment
- five treatment sessions
b. A patient may be treated without a referral for thirty days or ten treatments. The ten visits begin when the first treatment is provided and the 30-day treatment period begins when the first treatment is provided and ends 30 calendar days thereafter. This time period includes weekends and holidays.
- A licensed physical therapist is qualified to treat patients without
a referral after:
- 4,320 hours of practice and 36 months of experience
- 4,320 hours of practice experience and three years from graduation
- 4,320 hours of practice experience or 36 months of experience, whichever comes first
- 4,320 hours of practice experience
a. The law requires three years of experience. The regulations define this experience as 4,320 hours, or 30 hours per week for 48 weeks per year. In addition, the experience must be achieved over a 36-month period; it cannot be accomplished in less time. Part-time experience is acceptable.
- Once the physical therapist with the direct access privilege has completed
the evaluation, discussed the plan of care with the patient and determined
the treatment plan, can the physical therapist treating without a referral
delegate treatment to a physical therapist without the direct access privilege,
a physical therapist assistant, a student or someone on a limited permit?
- Yes, but only to a physical therapist assistant who is being directly supervised.
- Yes, but only to a student or someone on a limited permit.
- Yes, the care can be provided by a physical therapist assistant, a student or someone on a limited permit, or another physical therapist even though that physical therapist may not have the direct access privilege.
- No, no one but a physical therapist with the direct access privilege can provide treatment.
c. Once the physical therapist with the direct access privilege has completed the evaluation, discussed the plan of care with the patient and determined the treatment plan, the care can be provided by a physical therapist assistant, a student or someone on a limited permit. However, only the physical therapist with the direct access privilege may alter the plan of care. Regardless of who provides the care, treatment without a referral is limited to 10 visits or 30 days, whichever occurs first.