The board shall examine applicants for licensure under this chapter at the times and places it determines.
This chapter may be cited as the Physical Therapists and Occupational Therapists Practice Act.
Repealed or Renumbered
Repealed or Renumbered
Repealed or Renumbered
Repealed or Renumbered
This chapter does not authorize a person to practice medicine, osteopathy, chiropractic, or other method of healing, but only to practice physical therapy or occupational therapy.
A person who wilfully makes a false oath or affirmation or who obtains or attempts to obtain a license by a fraudulent representation is guilty of a class B misdemeanor.
The board shall comply with AS 44.62 (Administrative Procedure Act).
The board shall license an applicant who meets the qualifications for licensure under this chapter. It shall issue a license certificate to each person licensed. A license certificate is prima facie evidence of the right of the person to hold out as a licensed physical therapist, licensed physical therapy assistant, licensed occupational therapist, or licensed occupational therapy assistant.
The board may license without examination an applicant who is a physical therapist, physical therapy assistant, occupational therapist, or occupational therapy assistant licensed under the laws of another state, if the requirements for licensure in that state, were, at the date of the applicant's licensure, substantially equal to the requirements in this state.
The board shall request appropriate authorities to conduct investigations of every supposed violation of this chapter coming to its notice and shall report all cases that in the judgment of the board warrant prosecution to the proper law enforcement officials.
The Department of Commerce, Community, and Economic Development shall set fees under AS 08.01.065 for the following:
(1) application;
(2) license by examination;
(3) license by acceptance of credentials;
(4) renewal;
(5) temporary permit;
(6) limited permit.
To be licensed under this chapter to practice physical therapy or occupational therapy, an applicant shall apply to the board on a form prescribed by the board. An applicant shall include in the application evidence under oath that the applicant possesses the qualifications required by AS 08.84.030 or 08.84.032.
Repealed or Renumbered
Article 04. GENERAL PROVISIONS
(a) [Repealed, Sec. 49 ch 94 SLA 1987].
(b) If a license remains lapsed for more than three years, the board may require the applicant to submit proof, satisfactory to the board, of continued competency.
(c) A license may not be renewed unless the applicant submits proof of continued competence to practice physical therapy or occupational therapy in a manner established by the board in regulations adopted under AS 08.84.010 (b).
(a) A person not licensed as a physical therapist, or whose license is suspended or revoked, or whose license is lapsed, who uses in connection with the person's name the words or letters 'L.P.T.', 'Licensed Physical Therapist,' or other letters, words, or insignia indicating or implying that the person is a licensed physical therapist, or who in any way, orally, or in writing, directly or by implication, holds out as a licensed physical therapist is guilty of a class B misdemeanor.
(b) A person not licensed as a physical therapy assistant, or whose license is suspended or revoked, or whose license is lapsed, who in any way, orally, or in writing, directly or by implication, holds out as a licensed physical therapy assistant is guilty of a class B misdemeanor.
(c) A person not licensed as an occupational therapist, or whose license is suspended or revoked, or whose license is lapsed, who uses in connection with the person's name the words 'Licensed Occupational Therapist,' or other letters, words, or insignia indicating or implying that the person is a licensed occupational therapist, or who orally or in writing, directly or by implication, holds out as a licensed occupational therapist is guilty of a class B misdemeanor.
(d) A person not licensed as an occupational therapy assistant, or whose license is suspended or revoked, or whose license is lapsed, who orally or in writing, directly or by implication, holds out as a licensed occupational therapy assistant is guilty of a class B misdemeanor.
(a) The board may refuse to license an applicant, may refuse to renew the license of a person, and may suspend or revoke the license of a person who
(1) has obtained or attempted to obtain a license by fraud or material misrepresentation;
(2) uses drugs or alcohol in a manner that affects the person's ability to practice physical therapy or occupational therapy competently and safely;
(3) has been convicted of a state or federal felony or other crime that affects the person's ability to practice competently and safely;
(4) is guilty, in the judgment of the board, of gross negligence or malpractice or has engaged in conduct contrary to the recognized standards of ethics of the physical therapy profession or the occupational therapy profession;
(5) has continued to practice physical therapy or occupational therapy after becoming unfit due to physical or mental disability;
(6) has failed to refer a patient to another qualified professional when the patient's condition is beyond the training or ability of the person;
(7) as a physical therapy assistant, has attempted to practice physical therapy that has not been initiated, supervised, and terminated by a licensed physical therapist; or
(8) as an occupational therapy assistant, has attempted to practice occupational therapy that has not been supervised by a licensed occupational therapist.
(b) The refusal or suspension of a license may be modified or rescinded if the person has been rehabilitated to the satisfaction of the board.
Article 03. UNLAWFUL ACTS
(a) There is created the State Physical Therapy and Occupational Therapy Board, which consists of seven members. The membership consists of one physician licensed to practice medicine in the state, three physical therapists licensed in the state or two physical therapists and a physical therapy assistant licensed in the state, two occupational therapists licensed in the state or an occupational therapist and occupational therapy assistant licensed in the state, and one lay person with no direct financial interest in the health care industry. Members of the board shall be United States citizens domiciled in the state.
(b) The board shall control all matters pertaining to the licensing of physical therapists, physical therapy assistants, occupational therapists, and occupational therapy assistants and the practice of physical therapy and the practice of occupational therapy. The board shall
(1) pass upon the qualifications of applicants;
(2) provide for the examination of applicants;
(3) issue temporary permits and licenses to persons qualified under this chapter;
(4) suspend, revoke, or refuse to issue or renew a license under AS 08.84.120;
(5) keep a current register listing the name, business address, date, and number of the license of each person who is licensed to practice under this chapter;
(6) adopt regulations under AS 44.62 necessary to carry out the purposes of this chapter including regulations establishing qualifications for licensure and renewal of licensure under this chapter.
(a) The board may issue a limited permit to a person to practice occupational therapy in the state as a visiting, nonresident occupational therapist or occupational therapy assistant, if the person
(1) applies on the form provided by the board;
(2) has not previously been denied occupational therapy licensure in the state;
(3) is licensed to practice occupational therapy in another state or satisfies the requirements for certification by the American Occupational Therapy Association;
(4) provides proof satisfactory to the board that the person will not practice in the state for more than 120 days in the calendar year for which the permit is issued; and
(5) pays the fee required under AS 08.84.050 .
(b) The board may issue a limited permit to a person to practice physical therapy in the state as a visiting, nonresident physical therapist or physical therapy assistant, if the person
(1) applies on the form provided by the board;
(2) has not previously been denied physical therapy licensure in the state;
(3) is licensed to practice physical therapy in another state;
(4) provides proof satisfactory to the board that the person will not practice in the state for more than 120 days in the calendar year for which the permit is issued; and
(5) pays the fee required under AS 08.84.050 .
(c) A limited permit is valid for a period not exceeding 120 days in a calendar year.
(d) A person may not receive more than three limited permits to practice occupational therapy or physical therapy during the person's lifetime.
(a) The board may issue a nonrenewable temporary permit to an applicant for licensure by acceptance of credentials or by examination who
(1) meets the requirements of
(A) AS 08.84.030 (a)(1) or (b)(1); or
(B) AS 08.84.032 (a)(2) and (4) or (b)(2) and (4); and
(2) pays the required fee.
(b) A temporary permit issued to an applicant for licensure by acceptance of credentials is valid for eight months or until the board considers the applicant's application for acceptance of credentials, whichever occurs first.
(c) A temporary permit issued to an applicant for licensure as a physical therapist or physical therapy assistant by examination is valid for eight months or until the results of the first examination for which the applicant is scheduled are published, whichever occurs first. If the applicant fails to take the first examination for which the applicant is scheduled the applicant's temporary permit lapses on the day of the examination.
(d) A temporary permit issued to an applicant who is a graduate of a foreign school of physical therapy or occupational therapy located outside the United States is valid until the results of the first examination for which the applicant is scheduled are published following completion of the internship required under AS 08.84.032 .
(e) A temporary permit issued to an applicant for licensure as an occupational therapist or occupational therapy assistant by examination is valid for eight months or until the results of the examination for which the applicant is scheduled are published, whichever occurs first. If the applicant fails to take an examination for which the applicant is scheduled the applicant's temporary permit lapses on the day of the examination.
(a) It is unlawful for a person to practice physical therapy without being licensed under this chapter unless the person is
(1) a student in an accredited physical therapy program;
(2) a graduate of a foreign school of physical therapy fulfilling the internship requirement of AS 08.84.032 , and then only unless under the continuous direction and immediate supervision of a physical therapist; or
(3) issued a limited permit under AS 08.84.075 .
(b) A person may not provide services that the person describes as occupational therapy without being licensed under this chapter unless the person is
(1) a student in an accredited occupational therapy program or in a supervised field work program;
(2) a graduate of a foreign school of occupational therapy fulfilling the internship requirement of AS 08.84.032 , and then only unless under the continuous direction and immediate supervision of an occupational therapist;
(3) an occupational therapist or occupational therapy assistant employed by the United States Government while in the discharge of official duties;
(4) granted a limited permit under AS 08.84.075 ;
(5) licensed under this title and uses occupational therapy skills in the practice of the profession for which the license is issued; or
(6) employed as a teacher or teacher's aide by an educational institution and is required to use occupational therapy skills during the course of employment, if
(A) the occupational therapy skills are used under a program implemented by the employer and developed by a licensed occupational therapist;
(B) the employer maintains direct supervision of the person's use of occupational therapy skills; and
(C) the person does not represent to
(i) be an occupational therapist or occupational therapy assistant; and
(ii) practice occupational therapy.
(a) To be eligible for licensure by the board as a physical therapist or physical therapy assistant, an applicant, unless a graduate of a foreign school of physical therapy located outside the United States, shall
(1) have graduated from a school of physical therapy approved by the Council on Medical Education and Hospitals of the American Medical Association, or the American Physical Therapy Association;
(2) pass to the satisfaction of the board an examination prepared by a national testing service approved by the board to determine the applicant's fitness for practice as a physical therapist or physical therapy assistant, or be entitled to licensure without examination as provided in AS 08.84.060 ;
(3) meet qualifications for licensure established in regulations adopted by the board under AS 08.84.010 (b).
(b) To be eligible for licensure by the board as an occupational therapist or occupational therapy assistant, an applicant, unless a graduate of a foreign school of occupational therapy located outside the United States, shall
(1) have successfully completed a curriculum of occupational therapy approved by the Committee of Allied Health Education and Accreditation of the American Medical Association or the American Occupational Therapy Association;
(2) submit proof of successful completion and supervised field work approved by the board
(A) for an occupational therapist, a minimum of six months of supervised field work;
(B) for an occupational therapy assistant, a minimum of two months of supervised field work;
(3) pass, to the satisfaction of the board, an examination prepared by a national testing service approved by the board or an examination recognized by the American Occupational Therapy Association to determine the applicant's fitness for practice as an occupational therapist or an occupational therapy assistant, or be entitled to licensure without examination under AS 08.84.060 ; and
(4) meet qualifications for licensure established in regulations adopted by the board under AS 08.84.010 (b).
In this chapter, unless the context otherwise requires,
(1) 'board' means the State Physical Therapy and Occupational Therapy Board;
(2) 'occupational therapist' means a person who practices occupational therapy;
(3) 'occupational therapy' means, for compensation, the use of purposeful activity, evaluation, treatment, and consultation with human beings whose ability to cope with the tasks of daily living are threatened with, or impaired by developmental deficits, learning disabilities, aging, poverty, cultural differences, physical injury or illness, or psychological and social disabilities to maximize independence, prevent disability, and maintain health; 'occupational therapy' includes
(A) developing daily living, play, leisure, social, and developmental skills;
(B) facilitating perceptual-motor and sensory intergrative functioning;
(C) enhancing functional performance, prevocational skills, and work capabilities using specifically designed exercises, therapeutic activities and measure, manual intervention, and appliances;
(D) design, fabrication, and application of splints or selective adaptive equipment;
(E) administering and interpreting standardized and nonstandardized assessments, including sensory, manual muscle, and range of motion assessments, necessary for planning effective treatment; and
(F) adapting environments for the disabled;
(4) 'occupational therapy assistant' means a person who assists in the practice of occupational therapy under the supervision of an occupational therapist;
(5) 'physical therapist' means a person who practices physical therapy;
(6) 'physical therapy' means the examination, treatment and instruction of human beings to detect, assess, prevent, correct, alleviate and limit physical disability, bodily malfunction, pain from injury, disease and other bodily or mental conditions and includes the administration, interpretation and evaluation of tests and measurements of bodily functions and structures; the planning, administration, evaluation and modification of treatment and instruction including the use of physical measures, activities and devices for preventive and therapeutic purposes; 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; 'physical therapy' does not include the use of roentgen rays and radioactive materials for diagnosis and therapeutic purposes, the use of electricity for surgical purposes, and the diagnosis of disease;
(7) 'physical therapy assistant' means a person who assists in the practice of physical therapy or portions of it as initiated, supervised, and terminated by a licensed physical therapist; a physical therapy assistant's responsibilities do not include testing or evaluation.
(a) To be eligible for licensure by the board as a physical therapist or physical therapy assistant, an applicant who is a graduate of a school of physical therapy that is located outside of the United States shall
(1) have completed, to the satisfaction of the board, a resident course of study and professional instruction equivalent to that provided by a school approved by the Council on Medical Education and Hospitals of the American Medical Association or the American Physical Therapy Association, and furnish documentary evidence of compliance with this paragraph, translated, if necessary, into the English language by a person verifying the accuracy of the translations;
(2) have completed, to the satisfaction of the board, an internship under the continuous direction and immediate supervision of a physical therapist in an institution that ordinarily provides physical therapy and is approved by the board, for that period of time specified by the board, and furnish documentary evidence of compliance with this paragraph;
(3) pass an examination recognized by the board that measures the competence of the applicant in the English language;
(4) have met applicable requirements under the federal Immigration and Nationality Act (8 U.S.C. 1101 et seq.), unless a United States citizen;
(5) pass the examination administered by the board under AS 08.84.030(a)(2); and
(6) pay the fee required under AS 08.84.050 .
(b) To be eligible for licensure by the board as an occupational therapist or occupational therapy assistant, an applicant who is a graduate of a school of occupational therapy that is located outside of the United States shall
(1) have completed, to the satisfaction of the board, a resident course of study and professional instruction equivalent to that provided by a curriculum approved by the Committee of Allied Health Education and Accreditation of the American Medical Association or the American Occupational Therapy Association, and have furnished documentary evidence of compliance with this paragraph, translated, if necessary, into the English language by a person verifying the accuracy of the translations;
(2) have completed, to the satisfaction of the board, supervised field work equivalent to that required under AS 08.84.030 (b);
(3) pass an examination recognized by the board that measures the competence of the applicant in the English language;
(4) have met applicable requirements under 8 U.S.C. 1101 - 1503 (Immigration and Nationality Act) unless a United States citizen;
(5) pass an examination administered or approved by the board under AS 08.84.030 ; and
(6) pay the fee required under AS 08.84.050 .
© 2023 Helpline Law / Contact Us / Site Map
