Plain Text Law

Chapter 01. General Regulations

Regulation .01 Definitions.Copy Citation

A.
In this subtitle, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Approved agency” means an independent credentialing agency, approved by the Board, which evaluates the credentials of foreign-trained applicants.
(2)
“Approved curriculum for physical therapist assistants” means a curriculum that is approved by the American Physical Therapy Association.
(3)
“Approved physical therapy curriculum” means a curriculum for physical therapists that is approved by the American Medical Association or the American Physical Therapy Association.
(4)
“Biennial renewal” means renewal every other year with even-numbered licenses being renewed in even-numbered years and odd-numbered licenses being renewed in odd-numbered years.
(5)
“Board” means the Board of Physical Therapy Examiners of Maryland established by Health Occupations Article, §13-201, Annotated Code of Maryland.
(6)
“Direct supervision” means supervision provided by a licensed physical therapist who is physically present within the treatment area and immediately available to give aid, direction, and instruction when physical therapy or limited physical therapy procedures or activities are performed.
(7)
“Hearing committee” means a committee of three or more Board members that has been delegated the authority to conduct hearings in accordance with Health Occupations Article, §13-317, Annotated Code of Maryland.
(8)
“Interview” means a meeting with the Board or with one or more of its representatives.
(9)
Licensed Physical Therapist.
(a)
“Licensed physical therapist” means an individual licensed by the Board to practice physical therapy in Maryland; and
(b)
“Licensed physical therapist” includes an individual holding a compact privilege to practice physical therapy in Maryland.
(10)
Licensed Physical Therapist Assistant.
(a)
“Licensed physical therapist assistant” means an individual licensed by the Board to practice limited physical therapy in Maryland; and
(b)
“Licensed physical therapist assistant” includes an individual holding a compact privilege to practice limited physical therapy in Maryland.
(11)
“Licensing examinations” means the written examinations approved by the Board consisting of the:
(a)
National licensing examination; and
(b)
Maryland Physical Therapy jurisprudence examination.
(12)
“Ongoing supervision” means that the physical therapist maintains continuing verbal and written contact with the physical therapist assistant to provide supervision and instruction adequate to ensure the safety and welfare of the patient.
(13)
“Oral competency” means that the applicant who did not graduate from a recognized English-speaking educational institution has obtained a passing score, as determined by the Board, on the Test of English as a Foreign Language administered by the Educational Testing Service.
(14)
“Passing score” means the result of two examinations:
(a)
The criterion-referenced score set by the Federation of State Boards of Physical Therapy; and
(b)
90 percent of the total on the Maryland Physical Therapy jurisprudence examination.
(15)
“Physical therapy aide” or “aide” means a person who performs certain physical therapy duties under the direct supervision of a licensed physical therapist. This individual may be known, also, as a physical therapist technician, a rehabilitation technician, an athletic trainer, or be described by some other similar title.
(16)
“Reporting service” means the Interstate Reporting Service, an agency approved by the Board for the purpose of recording, storing, and transmitting license examination scores.
(17)
“State” means:
(a)
A state, possession, or territory of the United States;
(b)
The District of Columbia; or
(c)
The Commonwealth of Puerto Rico.
(18)
“Student” means an individual who is supervised directly by a licensed physical therapist in a Board-approved physical therapy educational program.
(19)
“Temporary license” means a license issued by the Board to an individual who has completed the approved curriculum requirements to practice, while under direct supervision, as a:
(a)
Physical therapist; or
(b)
Physical therapist assistant.
(20)
“Verification” means confirmation of licensure obtained directly from the state in which the applicant is currently licensed, on a form provided by the Board.
(21)
“Waiver of national licensing examination” means that the Board may waive the national licensing examination if the applicant previously took the examination in another state and met the requirements for a passing score as set forth in §B(14) of this regulation.
(22)
“Written competency” means that the applicant who did not graduate from a recognized English-speaking educational institution has obtained a passing score, as determined by the Board, on the Test of English as a Foreign Language administered by the Educational Testing Service.

Regulation .02 Requirements for Licensure.Copy Citation

The following are requirements for an applicant educated in an approved physical therapy or approved physical therapist assistant curriculum in any state:
A.
Examination. The following shall be filed with the Board or the Board’s agent:
(1)
An application on the form the Board requires;
(2)
The application and national licensing examination fees established in COMAR 10.38.07; and
(3)
Proof of completion of:
(a)
A physical therapy or physical therapist assistant curriculum; and
(b)
Any clinical training required under the curriculum.
B.
Transfer of Examination Scores. The following shall be filed with the Board or the Board’s agent:
(1)
An application on the form the Board requires;
(2)
The application fee established in COMAR 10.38.07;
(3)
Proof of completion of:
(a)
A physical therapy or physical therapist assistant curriculum; and
(b)
Any clinical training required under the curriculum;
(4)
A sworn statement that the applicant is not now nor has ever been licensed in another state;
(5)
Evidence, satisfactory to the Board, that the applicant is registered to take, or has taken, the national licensing examination in another state; and
(6)
A copy of a letter or form to the appropriate reporting service requesting that licensing examination scores be sent to the Board.
C.
Waiver of Examination. The following shall be filed with the Board or the Board’s agent:
(1)
An application on the form the Board requires;
(2)
The application fee established in COMAR 10.38.07;
(3)
Proof of completion of:
(a)
A physical therapy or physical therapist assistant curriculum; and
(b)
Any clinical training required under the curriculum;
(4)
A copy of a current physical therapy license;
(5)
Verification of current license on the form the Board requires; and
(6)
A copy of a letter or form to the appropriate reporting service requesting that licensing examination scores be sent to the Board.
D.
Additional Requirements. Applicants for licensure shall:
(1)
Achieve a passing score on the licensing examinations; and
(2)
Submit to a State and national criminal history records check in accordance with Health Occupations Article, §13–302.1, Annotated Code of Maryland.

Regulation .03 Reexamination.Copy Citation

A.
National Licensing Examination.
(1)
An applicant who fails the examination shall repeat the examination.
(2)
Fees.
(a)
At least 6 weeks before the examination, the applicant shall pay to the Board the reexamination fee as established in COMAR 10.38.07.
(b)
If the applicant has taken the licensing examination twice in Maryland, the applicant shall pay to the Board an application fee, as established in COMAR 10.38.07, in addition to the reexamination fee.
B.
Examination on Maryland Physical Therapy Law. An applicant who fails the examination on the Maryland Physical Therapy Practice Act and associated regulations shall:
(1)
Repeat the examination; and
(2)
Attend an interview unless the Board waives this requirement.

Regulation .04 Issuance of Licenses.Copy Citation

A.
Temporary License.
(1)
The Board may issue a temporary license to an applicant who, except for passing an examination otherwise required under Health Occupations Article, Title 13, Annotated Code of Maryland, has met the appropriate education and experience requirements for a physical therapy license or a physical therapist assistant license set forth under Health Occupations Article, §13-302, Annotated Code of Maryland.
(2)
The holder of a temporary license shall:
(a)
Practice under direct supervision while the temporary license is in effect;
(b)
Achieve a passing score on the Maryland Physical Therapy jurisprudence exam; and
(c)
Submit to a State and national criminal history records check in accordance with Health Occupations Article, §13-302.1, Annotated Code of Maryland.
(3)
A temporary license is valid until:
(a)
90 days after issuance;
(b)
The Board issues a full license to practice physical therapy or limited physical therapy to the holder of the temporary license; or
(c)
The Board revokes the temporary license.
B.
Licensure Procedures.
(1)
When the applicant has met all the requirements for licensure, the Board may issue a physical therapist or physical therapist assistant license to the applicant.
(2)
Renewal of Physical Therapist or Physical Therapist Assistant License.
(a)
The licensee shall renew the license biennially.
(b)
The licensee shall be responsible for notifying the Board if a renewal notice is not received.
(c)
A renewal license shall be issued to each licensee who meets the requirements of Health Occupations Article, §13-311(c), Annotated Code of Maryland.
(3)
Method of Renewal Notification.
(a)
Except as otherwise provided in §B(3)(b) of this regulation, the Board shall mail notices for renewal at least 1 month before the expiration date.
(b)
If requested by a licensee, the Board shall send to the licensee, at least two times within the month before a license expires, a renewal notice by electronic means to the last known electronic mail address of the licensee.
(c)
If a renewal notice sent by electronic mail under §B(3)(b) of this regulation is returned to the Board as undeliverable, the Board shall send to the licensee a renewal notice by first-class mail to the last known address of the licensee.
(4)
A duplicate license shall be issued for a lost, stolen, or destroyed license provided the licensee:
(a)
Makes a request in writing;
(b)
Provides a sworn statement or police report attesting to the facts; and
(c)
Pays the fee as established in COMAR 10.38.07.

Regulation .05 Restrictions.Copy Citation

A.
The Board may refuse to grant a license to any applicant who begins practice as a physical therapist or a physical therapist assistant before being licensed to practice in Maryland.
B.
Practice after the date of expiration of the license is prohibited.
C.
An applicant shall complete the application process within 1 year of the date of the paid application or reapply for licensure.
D.
The Board may refuse to grant or renew a license to an applicant who has failed to pay all outstanding fees to the Board.
E.
The Board may not issue a license under this subtitle if the results of the criminal history records check required pursuant to Regulation .02D(3) of this chapter has not been received.
Chapter annotations
Authority: Health Occupations Article, §§1-101, 13-101, 13-206, 13-301—13-303, 13-305—13-307, 13-310, 13-311, 13-313, and 13-317, Annotated Code of Maryland
History: Effective date: December 25, 1974 (1:6 Md. R. 299)
History: Regulation .01J amended effective June 29, 1979 (6:13 Md. R. 1129)
History: Regulations .01—.03 repealed effective August 2, 1982 (9:15 Md. R. 1514)
History: Regulations .01—.04 adopted effective August 2, 1982 (9:15 Md. R. 1514)
History: Regulations .01—.04 repealed effective December 29, 1986 (13:26 Md. R. 2807)
History: Regulations .01—.05 adopted effective December 29, 1986 (13:26 Md. R. 2807)
History: Regulation .01B amended effective July 8, 1991 (18:13 Md. R. 1482); February 26, 1996 (23:4 Md. R. 273); July 12, 1999 (26:14 Md. R. 1083) Regulation .01B amended as an emergency provision effective January 1, 2001 (28:3 Md. R. 203); amended permanently effective April 16, 2001 (28:7 Md. R. 690)
History: Regulation .01B amended effective April 24, 2006 (33:8 Md. R. 734); April 6, 2009 (36:7 Md. R. 525); April 4, 2022 (49:7 Md. R. 466)
History: Regulation .02 amended effective April 4, 2022 (49:7 Md. R. 466)
History: Regulation .02A—C amended effective July 8, 1991 (18:13 Md. R. 1482)
History: Regulation .02D amended effective June 8, 2015 (42:11 Md. R. 725)
History: Regulation .03A amended effective July 8, 1991 (18:13 Md. R. 1482)
History: Regulation .04 amended effective April 6, 2009 (36:7 Md. R. 525); April 2, 2012 (39:6 Md. R. 408); April 4, 2022 (49:7 Md. R. 466)
History: Regulation .04A amended effective July 8, 1991 (18:13 Md. R. 1482); July 12, 1999 (26:14 Md. R. 1083)
History: Regulation .04B amended effective July 12, 1999 (26:14 Md. R. 1083)
History: Regulation .05 amended effective April 24, 2006 (33:8 Md. R. 734)
History: Regulation .05C amended effective July 8, 1991 (18:13 Md. R. 1482)
History: Regulation .05E adopted effective June 8, 2015 (42:11 Md. R. 725)