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USA Statutes : maine
Title : Title 32. PROFESSIONS AND OCCUPATIONS
Chapter : Chapter 45-A. PHYSICAL THERAPIST PRACTICE ACT
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Title 32 - §3111. Definitions
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 45-A: PHYSICAL THERAPIST PRACTICE ACT
§3111. Definitions
As used in this chapter, unless the context indicates otherwise, the following terms shall have the following meanings.
[1979, c. 555, § 2.]
1. Board. "Board" means the Board of Examiners in Physical Therapy as created in section 3112.
[1979, c. 555, § 2 (new).]
2. Direction. "Direction" means continuing verbal and written contact by a physical therapist with a physical therapist assistant including
periodic on-site supervision adequate to ensure the safety and welfare of the patient.
[1979, c. 555, § 2 (new).]
3. Physical therapist. "Physical therapist" means a person who practices physical therapy.
[1979, c. 555, § 2 (new).]
4. Physical therapist assistant. "Physical therapist assistant" means a person who assists in the practice of physical therapy.
[1979, c. 555, § 2 (new).]
5. Physical Therapy. "Physical therapy" means the evaluation, treatment and instruction of human beings to detect, assess, prevent, correct, alleviate
and limit physical disability, bodily malfunction and pain from injury, disease and any other bodily condition; the administration,
interpretation and evaluation of tests and measurements of bodily functions and structures for the purpose of treatment planning;
the planning, administration, evaluation and modifiction of treatment and instruction; and the use of physical agents and
procedures, activities and devices for preventive and therapeutic purposes; and the provision of consultative, educational
and other advisory services for the purpose of reducing the incidence and severity of physical disability, bodily malfunction
and pain.
[1979, c. 555, § 2 (new).]
6. Practice of physical therapy. "Practice of physical therapy" means the rendering or offering to render any service involving physical therapy for a fee,
salary or other compensation, monetary or otherwise, paid directly or indirectly.
[1979, c. 555, § 2 (new).]
7. Referral. "Referral" means the request of a doctor of medicine, surgery, osteopathy, podiatry or dentistry to a physical therapist
to accept one of his patients for treatment.
[1983, c. 468, § 9 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §3112. Board created; appointment; powers and duties
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 45-A: PHYSICAL THERAPIST PRACTICE ACT
§3112. Board created; appointment; powers and duties
The Board of Examiners in Physical Therapy, as established by Title 5, section 12004-A, subsection 31, and within the Department
of Professional and Financial Regulation, shall consist of 2 physical therapists, one physical therapist assistant, one physician
and one public member.
[1989, c. 503, Pt. B, §138 (amd).]
1. Appointment. Members of the board are appointed by the Governor for a term of 4 years. Appointments of members must comply with section
60.
A member of the board may be removed from office for cause by the Governor.
[1993, c. 600, Pt. A, §196 (amd).]
2. Meetings. The board shall meet at least once a year to conduct its business and to elect a chair and a secretary, who serve for 2
years. Additional meetings must be held as necessary to conduct the business of the board and may be convened at the call
of the chair or a majority of the board members. The board shall keep records and minutes as are necessary to the ordinary
dispatch of its functions.
[1995, c. 397, §49 (amd).]
3. Officers. The chairman shall be empowered to administer oaths in matters connected with the duties of the board. The secretary shall
keep accurate minutes of meetings and carry on official correspondence.
[1979, c. 555, §2 (new).]
4. Quorum. Three members of the board shall constitute a quorum for all purposes.
[1983, c. 413, §128 (rpr).]
5. Powers and duties. The board shall have the following powers and duties:
A. To review the qualifications of applicants for licensure and to license physical therapists and physical therapist assistants
who qualify under this chapter;
[1979, c. 555, §2 (new).]
B. To conduct physical therapist and physical therapist assistant examinations and to establish passing standards;
[1979, c. 555, §2 (new).]
C. To make rules in accordance with this chapter necessary for the enforcement of its authority and performance of its duties
consistent with the provisions of Title 5, chapter 375;
[1979, c. 555, §2 (new).]
D.
[2003, c. 250, Pt. A, §1 (rp).]
E. To order investigation of a complaint on its own motion or on written complaint filed with the board regarding noncompliance
with or violation of any section of this chapter or of any rules adopted by the board;
[1979, c. 555, §2 (new).]
F. To conduct hearings to assist with investigations, to determine whether grounds exist for suspension, revocation or denial
of a license, or as otherwise deemed necessary to the fulfillment of its responsibilities under this chapter.
The board shall not refuse to renew a license for any reason other than failure to pay a required fee, unless it has afforded
the licensee an opportunity for an adjudicatory hearing. The board shall hold an adjudicatory hearing at the written request
of any person who is denied a license without a hearing for any reason other than failure to pay a required fee, provided
that the request for hearing is received by the board within 30 days of the applicant's receipt of written notice of the denial
of his application, the reasons therefor and his right to request a hearing. Hearings shall be conducted in conformity with
the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV, to the extent applicable. The board may subpoena
witnesses, records and documents in any hearing it conducts;
[1983, c. 413, §129 (rpr).]
G. After hearing, to censure or proceed as provided in section 3117.
[1979, c. 555, §2 (new).]
H. To maintain a register containing names and addresses of each person licensed and other information that is considered necessary
by the board and the Commissioner of Professional and Financial Regulation. This information is open for public inspection
during regular office hours; and
[1999, c. 386, Pt. K, §1 (amd).]
I. To submit, no later than August 1st of each year to the Commissioner of Professional and Financial Regulation for the preceding
fiscal year ending June 30th, an annual report of its operations and financial position together with such comments and recommendations
as the board considers essential.
[1995, c. 397, §50 (amd).]
J.
[1995, c. 397, §51 (rp).]
K.
[1995, c. 397, §52 (rp).]
[2003, c. 250, Pt. A, §1 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §3113-A. License required; limitations and exceptions
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 45-A: PHYSICAL THERAPIST PRACTICE ACT
§3113-A. License required; limitations and exceptions
A person may not practice or profess to be authorized to practice as a physical therapist in this State or use the words "physical
therapist" or the letters "P.T." or other words or letters to indicate that the person using those words or letters is a licensed
physical therapist unless that person is licensed in accordance with the provisions of this chapter.
[1991, c. 178, §3 (new).]
div>
After one year from the effective date of this chapter, a person may not act or profess to be able to act as a physical therapist
assistant in this State or use the words "physical therapist assistant" or the letters "P.T.A." or other words or letters
to indicate that the person using those words or letters is a licensed physical therapist assistant unless that person is
licensed in accordance with the provisions of this chapter.
[1991, c. 178, §3 (new).]
div>
Nothing in this chapter may be construed as authorizing a physical therapist or physical therapist assistant, licensed or
not licensed, to practice medicine, osteopathy, dentistry, chiropractic or any other form of healing, except that physical
therapists may utilize manipulative techniques if practiced within the scope of their profession. Physical therapists may
not apply manipulative thrust to the vertebrae of the spine except upon consultation with, and referral by, a duly licensed
doctor of medicine, surgery, chiropractic or osteopathy. A licensed physical therapist or physical therapist assistant may
not administer drugs except upon the referral of a duly licensed doctor of medicine, surgery, osteopathy, podiatry or dentistry,
and may not use roentgen rays or radium or use electricity for surgical purposes. A licensed physical therapist assistant
may act only under the direction of a physical therapist licensed to practice in this State.
[1991, c. 178, §3 (new).]
div>
When treating a patient without referral from a doctor of medicine, osteopathy, podiatry, dentistry or chiropractic, the physical
therapist or physical therapist assistant is subject to the following requirements.
[1991, c. 178, §3 (new).]
1. No medical diagnosis. A physical therapist or physical therapist assistant may not make a medical diagnosis. The physical therapist or physical
therapist assistant shall refer to a licensed doctor of medicine, osteopathy, podiatry, dentistry or chiropractic a patient
whose physical condition, either at the initial evaluation or during subsequent treatment, the physical therapist or physical
therapist assistant determines to be beyond the scope of the practice of the physical therapist or physical therapist assistant.
[1991, c. 178, §3 (new).]
2. No improvement. If no improvement in the patient is documented by the physical therapist or physical therapist assistant within 30 days
of initiation of treatment, the physical therapist or physical therapist assistant shall refer the patient to a licensed doctor
of medicine, osteopathy, podiatry, dentistry or chiropractic.
[1991, c. 178, §3 (new).]
3. Length of treatment. For treatment required beyond 120 days, the physical therapist or physical therapist assistant shall consult with, or refer
the patient to, a licensed doctor of medicine, surgery, osteopathy, podiatry, dentistry or chiropractic. The physical therapist
or physical therapist assistant shall document the action taken.
[1991, c. 178, §3 (new).]
div>
An employer is not liable under Title 39-A, section 206 for charges for services of a physical therapist or physical therapist
assistant unless the employee has been referred to that practitioner by a licensed doctor of medicine, surgery, osteopathy,
chiropractic, podiatry or dentistry.
[1991, c. 885, Pt. E, §41 (amd); §47 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §3113-B. Construction
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 45-A: PHYSICAL THERAPIST PRACTICE ACT
§3113-B. Construction
Nothing in this chapter prohibits:
[1991, c. 178, §3 (new).]
1. Engaging in licensed practice. Any person licensed in this State under any other provision of law from engaging in the practice for which that person is
licensed;
[1991, c. 178, §3 (new).]
2. Federal officials. Any person serving in the United States Armed Services or public health service or employed by the Veterans' Administration
or other federal agency from performing that person's official duties, provided the duties are limited to that service or
employment;
[1991, c. 178, §3 (new).]
3. Persons employed by licensed doctors. Any person employed by and under the control of a duly licensed doctor in that doctor's office from administering physical
therapy modalities, providing that person does not profess to be a physical therapist or physical therapist assistant or use
words or letters to indicate that the person is a licensed physical therapist or physical therapist assistant;
[1991, c. 178, §3 (new).]
4. Graduate physical therapist or assistant. The supervised practice of a graduate physical therapist or graduate physical therapist assistant, who is approved by the
board to sit for examination, until the results of the examination have been published. The graduate must work in a facility
employing at least one physical therapist licensed to practice in this State who assumes responsibility for patient-related
activities of the applicant. This responsibility must be verified in advance of the graduate engaging in the practice of
physical therapy pursuant to this section. That verification must be accompanied by the supervising physical therapist filing
a supervisor's affidavit with the board on a form provided by the board;
[1999, c. 386, Pt. K, §2 (amd).]
5. Student physical therapist or assistant. The supervised practice of physical therapy by a student enrolled in an accredited physical therapist or physical therapist
assistant program who indicates that that person is a "student"; or
[1991, c. 178, §3 (new).]
6. Delegation to aides or assistants. Any physical therapist licensed pursuant to this chapter from delegating to a physical therapy aide or licensed physical
therapist assistant treatment procedures or patient-related activities commensurate with the education and training of the
person, but not including interpretation of referrals, performance or evaluation procedures or determination and modification
of patient treatment programs. The board shall adopt rules governing supervision of physical therapy aides and licensed physical
therapist assistants.
[1991, c. 178, §3 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §3113. License required; limitations and exceptions (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 45-A: PHYSICAL THERAPIST PRACTICE ACT
§3113. License required; limitations and exceptions (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §3114-A. Qualification; application
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 45-A: PHYSICAL THERAPIST PRACTICE ACT
§3114-A. Qualification; application
1. Qualification. To qualify for a license as a physical therapist or physical therapist assistant, an applicant must meet the following requirements:
A. Demonstrate that the applicant is trustworthy and competent to engage in practice as a physical therapist or physical therapist
assistant in such manner as to safeguard the interests of the public;
[1999, c. 386, Pt. K, §3 (amd).]
B. Be a graduate of an educational program for the physical therapist or the physical therapist assistant that is accredited
by an agency recognized by the United States Commissioner of Education or the Council on Post-Secondary Accreditation, or
both, and approved by the board; or if the applicant has been trained in another country, present satisfactory evidence that
the applicant has graduated from a school of physical therapy approved or accredited in the country where the school is located
and have educational credentials equivalent to those of the United States trained physical therapist or physical therapist
assistant; and
[1999, c. 386, Pt. K, §3 (amd).]
C. Pass an examination, approved by the board, to determine the applicant's fitness to practice as a physical therapist or
to act as a physical therapist assistant. The board may waive the examination requirement for an applicant who is currently
licensed in another state by virtue of having previously passed a qualifying examination acceptable to the board, provided
that the passing standards for the examination were equivalent to those then required by the law of this State.
[1983, c. 413, §133 (amd).]
Applicants trained in another country must demonstrate proficiency in written and spoken English.
[1999, c. 386, Pt. K, §3 (amd).]
2. Application. To apply for a license as a physical therapist or physical therapist assistant, an applicant shall:
A. Submit a written application with supporting documents to the board on forms provided by the board; and
[1983, c. 413, §134 (rpr).]
B. Pay an application fee as set under section 3116-A.
[2003, c. 250, Pt. A, §2 (amd).]
C.
[1983, c. 413, §135 (rp).]
In case the application is denied and permission to take the examination refused, the examination fee only must be returned
to the applicant. An applicant who fails to pass the examination is entitled to a reexamination within 6 months upon repayment
of the examination fee only. If an applicant fails one section of the examination, that applicant must repeat the entire
examination. An applicant may not take any part of the examination more than 3 times, unless that applicant submits evidence
of having acquired additional formal education related to the previously failed examination section or sections.
[2003, c. 250, Pt. A, §2 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §3114. Application; qualification; licensure by examination (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 45-A: PHYSICAL THERAPIST PRACTICE ACT
§3114. Application; qualification; licensure by examination (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §3115. Licensure
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 45-A: PHYSICAL THERAPIST PRACTICE ACT
§3115. Licensure
The board shall license an applicant who meets the requirements of this chapter and pays the biennial licensure fee as set
under section 3116-A. The fee for original licenses effective for one year or less during the biennial licensing period is
12 the fee set under section 3116-A. Each person licensed receives a certificate. Every certificate of licensure and renewal
certificate for the current biennium must be conspicuously displayed at the place of employment of the licensee. A certificate
of licensure as a physical therapist entitles the person to whom it is granted to engage in the practice of physical therapy
anywhere in this State and to use the words "physical therapist" or letters "P.T." to indicate that the person is licensed
in this State. A certificate of licensure as a physical therapist assistant entitles the person to whom it is granted to act
as a physical therapist assistant and to use the words "physical therapist assistant" or letters "P.T.A." to indicate that
the person is licensed in this State.
[2003, c. 250, Pt. A, §3 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §3116-A. Fees
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 45-A: PHYSICAL THERAPIST PRACTICE ACT
§3116-A. Fees
The Director of the Office of Licensing and Registration within the Department of Professional and Financial Regulation may
establish by rule fees for purposes authorized under this chapter in amounts that are reasonable and necessary for their respective
purposes, except that the fee for any one purpose may not exceed $100 biennially. Rules adopted pursuant to this section
are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
[2003, c. 250, Pt. A, §5 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §3116. Biennial licensure renewal
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 45-A: PHYSICAL THERAPIST PRACTICE ACT
§3116. Biennial licensure renewal
All licenses must be renewed biennially on or before March 31st of each even-numbered year or at such other times as the Commissioner
of Professional and Financial Regulation may designate upon application by the licensee accompanied by the fee set under section
3116-A. Any license not renewed by March 31st automatically expires. The board may renew an expired license if the renewal
notice is returned within 90 days of the expiration date and upon payment of a late fee in addition to the renewal fee. A
person who submits an application for renewal more than 90 days after the license expiration date is subject to all requirements
governing new applicants under this chapter, except that the board may in its discretion, giving due consideration to the
protection of the public, waive examination if the renewal application is made within 2 years from the date of that expiration.
[2003, c. 250, Pt. A, §4 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §3117-A. Revocation and reissuance
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 45-A: PHYSICAL THERAPIST PRACTICE ACT
§3117-A. Revocation and reissuance
The board may suspend or revoke a license pursuant to Title 5, section 10004. In addition, the board may refuse to issue
or renew a license or the District Court may revoke, suspend or refuse to renew a license of a physical therapist or physical
therapist assistant for any of the following reasons:
[1983, c. 413, §139 (new); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
1. Fraud. The practice of fraud or deceit in obtaining a license under this chapter or in connection with service rendered as a licensed
physical therapist or physical therapist assistant;
[1983, c. 413, §139 (new).]
2. Addiction. Addiction, as confirmed by medical findings, to the use of alcohol or other drugs, which has resulted in the licensed physical
therapist or physical therapist assistant being unable to perform his duties or perform those duties in a manner which would
not endanger the health or safety of the patients to be served;
[1983, c. 413, §139 (new).]
3. Incompetency. A medical finding of mental incompetency;
[1983, c. 413, §139 (new).]
4. Accomplice. Aiding or abetting a person not duly licensed as a licensed physical therapist or physical therapist assistant in representing
himself as a licensed physical therapist or physical therapist assistant;
[1983, c. 413, §139 (new).]
5. Misconduct. Any gross negligence, incompetency or misconduct in the practice of physical therapy;
[1983, c. 413, §139 (new).]
6. Criminal conviction. Subject to the limitations of Title 5, chapter 341, conviction of a Class A, B or C crime or of a crime which, if committed
in this State, would be punishable by one year or more of imprisonment; or
[1983, c. 413, §139 (new).]
7. Violation. Any violation of this chapter or any rule adopted by the board.
[1983, c. 413, §139 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §3117. Revocation and reissuance (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 45-A: PHYSICAL THERAPIST PRACTICE ACT
§3117. Revocation and reissuance (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §3118. Penalties; injunction
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 45-A: PHYSICAL THERAPIST PRACTICE ACT
§3118. Penalties; injunction
1. Penalties. Any person who practices, or holds himself out as authorized to practice, as a physical therapist in this State without
first obtaining a license as required by this chapter, or after the license has expired or has been suspended or revoked or
temporarily suspended or revoked, is guilty of a Class E crime.
[1983, c. 413, §139 (new).]
2. Injunction. The State may bring an action in Superior Court to enjoin any person from violating this chapter, regardless of whether
proceedings have been or may be instituted in the District Court or whether criminal proceedings have been or may be instituted.
[1983, c. 413, §139 (new); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §3119. Receipts and disbursements (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 45-A: PHYSICAL THERAPIST PRACTICE ACT
§3119. Receipts and disbursements (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
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