Title 13. Physical Therapists — Subtitle 3

Except as otherwise provided in this title or §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual shall be licensed by the Board before the individual may practice physical therapy or limited physical therapy in this State.

This section does not apply to:

The applicant shall be of good moral character.

Except as otherwise provided in this title, the applicant shall pass the appropriate examination given by the Board under this subtitle.

The applicant shall meet any other qualifications or requirements that the Board establishes for license applicants.

In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

As part of an application to the Central Repository for a State and national criminal history records check, an applicant shall submit to the Central Repository:

In accordance with §§ 10–201 through 10–229 of the Criminal Procedure Article, the Central Repository shall forward to the Board and to the applicant the criminal history record information of the applicant.

If an applicant has made three or more unsuccessful attempts at securing legible fingerprints, the Board may accept an alternate method of a criminal history records check as permitted by the Director of the Central Repository and the Director of the Federal Bureau of Investigation.

Information obtained from the Central Repository under this section:

The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.

If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide to the Board and the individual revised criminal history record information for the individual.

If an applicant for a physical therapy license has been educated in physical therapy in any state, the applicant shall have:

If an applicant for a physical therapy license has been educated in physical therapy outside of any state, the applicant shall have graduated from a physical therapy program that in the year of graduation had educational requirements equivalent to a degree in physical therapy from a United States program accredited by the Commission on Accreditation in Physical Therapy Education.

If an applicant for a physical therapist assistant license has been educated in limited physical therapy in any state, the applicant shall have:

If an applicant for a physical therapist assistant license has been educated in limited physical therapy outside of any state, the applicant shall have graduated from a physical therapist assistant program that in the year of graduation has educational requirements equivalent to a degree in limited physical therapy from a program in the United States accredited by the Commission on Accreditation in Physical Therapy Education.

To apply for a physical therapy license, an applicant shall:

To apply for a physical therapist assistant license, an applicant shall:

The Board shall give examinations at least twice a year, at the times and places that the Board determines, to applicants for:

The Board or its agent shall notify each qualified applicant of the time and place of the examination.

The Board shall determine the subjects, scope, form, and passing score for examinations given under this subtitle.

Subject to the provisions of this section, the Board may waive any examination requirement for an applicant who is licensed or otherwise is authorized to practice physical therapy or limited physical therapy in another state.

The Board may grant a waiver under this section only if the applicant:

Subject to subsection (d) of this section, the Board shall issue the appropriate license to an applicant who meets the requirements of this title for that license.

Each licensee shall give the Board immediate written notice of any change of address.

Subject to subsection (b) of this section, a physical therapist assistant license authorizes the licensee to practice limited physical therapy while the license is effective.

A licensed physical therapist assistant may practice limited physical therapy only under the direction of a licensed physical therapist who gives ongoing supervision and instruction that is adequate to ensure the safety and welfare of the patient.

Before the license expires, the licensee periodically may renew it for an additional 2–year term, if the licensee:

The Board may adopt regulations to establish continuing education requirements as a condition for the renewal of licenses under this section.

Beginning July 1, 2027, the Board shall require all licensees who were initially licensed without a criminal history records check to submit to a criminal history records check in accordance with § 13–302.1 of this subtitle on renewal as set forth in regulations adopted by the Board.

The Board shall renew the license of each licensee who meets the requirements of this section.

The physical therapist or physical therapist assistant who does not qualify under subsection (a) of this section may not have the license reinstated. The physical therapist or physical therapist assistant may become licensed only by meeting the current requirements for obtaining a new license under this title.

The Board may issue a temporary license to an applicant who, except for passing an examination otherwise required under this subtitle, has met the appropriate education and experience requirements of this subtitle for a physical therapist license or a physical therapy assistant license under § 13–302 of this subtitle.

A temporary license is valid until:

If an applicant is licensed or registered to practice physical therapy in any other state, the Board may waive the examination requirements of this subtitle and issue a restricted license if the applicant:

A restricted license authorizes the holder to practice physical therapy in connection with:

A restricted license expires at the end of:

The Board may not renew a restricted license. However, the holder of a restricted license may reapply to the Board for a new license.

Unless the Board agrees to accept the surrender of a license, a licensed physical therapist, licensed physical therapist assistant, or holder of a restricted license or temporary license may not surrender the license nor may the license lapse by operation of law while the licensee is under investigation or while charges are pending against the licensee.

The Board may set conditions on its agreement with the licensee under investigation or against whom charges are pending to accept surrender of the license.

An individual whose license has been suspended or revoked by the Board shall return the license to the Board. If the suspended or revoked license has been lost, the individual shall file with the Board a statement verifying that the individual’s license has been lost.

Fraudulently or deceptively obtains or attempts to obtain a license or restricted license for the applicant, licensee, or holder or for another;

Fraudulently or deceptively uses a license or restricted license;

Unless specifically licensed with respect to the treatment, treats or attempts to treat a health condition of a patient or client by means other than physical therapy;

In the case of an individual who is authorized to practice physical therapy, is grossly negligent:

In the case of an individual who is authorized to practice limited physical therapy:

Is convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;

Is convicted of a violation of a narcotic law;

To an extent that impairs professional competence, habitually uses any:

Pays or agrees to pay any sum to any person for bringing or referring a patient;

Is disciplined by a licensing or disciplinary authority of any state or country or convicted or disciplined by a court of any state or country, or disciplined by any branch of the uniformed services or U.S. Department of Veterans Affairs, for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes;

Practices physical therapy or limited physical therapy with an unauthorized person or supervises or aids an unauthorized person in the practice of physical therapy or limited physical therapy;

Willfully makes or files a false report or record in the practice of physical therapy or limited physical therapy;

Willfully fails to file or record any report as required by law, willfully impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report;

Submits a false statement to collect a fee;

Violates any provision of this title or rule or regulation adopted by the Board;

Uses or promotes or causes the use of any misleading, deceiving, or untruthful advertising matter, promotional literature, or testimonial;

Is professionally, physically, or mentally incompetent;

Promotes the sale of devices, appliances, or goods to a patient or client so as to exploit the patient or client for financial gain;

Commits an act of unprofessional conduct in the practice of physical therapy or limited physical therapy;

Grossly overutilizes health care services;

Is convicted under insurance fraud as defined in § 27–801 of the Insurance Article;

Refuses, withholds from, denies, or discriminates against a patient or client with regard to the provision of professional services for which the licensee is licensed and qualified to render because the patient or client is HIV positive;

Provides professional services while:

Willfully and without legal justification, fails to cooperate with a lawful investigation conducted by the Board;

Fails to meet accepted standards in delivering physical therapy or limited physical therapy care;

Fails to submit to a criminal history records check in accordance with § 13–302.1 of this subtitle; or

In the case of an individual who holds a temporary license to practice physical therapy or limited physical therapy, practices physical therapy or limited physical therapy without direct supervision.

If in investigating an allegation brought against a licensee under this title, there is good cause to believe that the physical or mental condition of the licensee may adversely affect the ability of the licensee to practice physical therapy or limited physical therapy, the Board may require the licensee to submit to appropriate medical or psychological examination, testing, or evaluation by a health care provider designated by the Board.

In return for the privilege to practice physical therapy or limited physical therapy, a licensee is deemed to:

The failure or refusal of the licensee to submit to an examination required under subsection (b) of this section may be considered as evidence of the inability of the licensee to practice competently, unless the Board finds that the failure or refusal was beyond the control of the licensee.

The Board shall pay the cost of all examinations, tests, and evaluations performed pursuant to this section.

Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 13-316 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.

The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.

The individual may be represented at the hearing by counsel.

Over the signature of an officer or the executive director of the Board, the Board may issue subpoenas and administer oaths in connection with any investigation under this title and any hearings or proceedings before it.

If, without lawful excuse, a person disobeys a subpoena from the Board or an order by the Board to take an oath or to testify or answer a question, then, on petition of the Board, a court of competent jurisdiction may punish the person as for contempt of court.

If after due notice the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.

Except as provided in this section for an action under § 13–316 of this subtitle, any person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act.

Any person aggrieved by a final decision of the Board under § 13–316 of this subtitle may not appeal to the Secretary but may take a direct judicial appeal as provided in the Administrative Procedure Act.

An action may be maintained in the name of this State or the Board to enjoin:

An action under this section may be brought by:

An action under this section may be brought in the county where the defendant resides or engaged in the act sought to be enjoined.

Proof of actual damage or that any person will sustain any damage if an injunction is not granted is not required for an action under this section.

An action under this section is in addition to and not instead of criminal prosecution for the unauthorized practice of physical therapy under § 13-401 of this title or disciplinary action under § 13-316 of this subtitle.

In this section, “physical therapist rehabilitation committee” means a committee that:

For purposes of this section, a physical therapist rehabilitation committee is a committee of the American Physical Therapy Association of Maryland, Inc. that:

For purposes of this section, a physical therapist rehabilitation committee evaluates and provides assistance to any physical therapist and physical therapist assistant in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition.

A person who acts in good faith and within the scope of jurisdiction of a physical therapist rehabilitation committee is not civilly liable for any action as a member of the physical therapist rehabilitation committee or for giving information to, participating in, or contributing to the function of the physical therapist rehabilitation committee.