Health Occupations Article - Title 13: Physical Therapists
Annotated Code of Maryland
HEALTH OCCUPATIONS ARTICLE
Title 13. Physical Therapists
Subtitle 1: Definitions; General Provisions
§ 13-101. Definitions.
(a) In general.- In this title the following words have the meanings indicated.
(b) Board.- 'Board' means the State Board of Physical Therapy Examiners.
(c) License.- 'License' means, unless the context requires otherwise, a license issued by the Board to practice:
(1) Physical therapy; or
(2) Limited physical therapy.
(d) Licensed physical therapist.- 'Licensed physical therapist' means, unless the context requires otherwise, a physical therapist who is licensed by the Board to practice physical therapy.
(e) Licensed physical therapist assistant.- 'Licensed physical therapist assistant' means, unless the context requires otherwise, a physical therapist assistant who is licensed by the Board to practice limited physical therapy.
(f) Physical therapist.- 'Physical therapist' means an individual, licensed by the State Board of Physical Therapy Examiners, who practices physical therapy and who has passed the national physical therapy licensing examination administered or accepted by the Board.
(g) Physical therapist assistant.- 'Physical therapist assistant' means an individual who practices limited physical therapy and who has passed the national physical therapy licensing examination administered or accepted by the Board.
(h) Practice limited physical therapy.-
(1) 'Practice limited physical therapy' means to implement therapeutic interventions for the purpose of:
(i) The prevention of disability in patients or clients; and
(ii) The physical rehabilitation of patients or clients with a congenital or acquired disability.
(2) 'Practice limited physical therapy' includes, except as provided in paragraph (3) of this subsection:
(i) Taking and documenting measurements; and
(ii) Administering therapeutic interventions that include exercise, therapeutic massage, mechanical devices, or therapeutic agents that use the physical, chemical, or other properties of air, water, electricity, sound, or radiant energy.
(3) 'Practice limited physical therapy' does not include:
(i) Interpreting measurement;
(ii) Planning treatment programs; or
(iii) Taking X rays
(iv) Using radioactive substances; or
(v) Using electricity for cauterization or surgery.
(i) Practice physical therapy.- (1) 'Practice physical therapy' means to design, implement, and modify therapeutic interventions for the purpose of:
(i) The prevention of disability in patients or clients; and
(ii) The physical rehabilitation of patients or clients with a congenital or acquired disability.
(2) 'Practice physical therapy' includes:
(i) Performing an evaluation of the physical therapy needs of patients or clients;
(ii) Performing and interpreting tests and measurements of neuromuscular and musculoskeletal functions to aid treatment;
(iii) Planning treatment programs that are based on test findings; and
(iv) Except as provided in paragraph (3) of this subsection, administering therapeutic interventions that include: therapeutic exercise, therapeutic massage, mechanical devices, or therapeutic agents that use the physical, chemical, or other properties of air, water, electricity, sound, or radiant energy.
(3) 'Practice physical therapy' does not include:
(i) Taking X rays;
(ii) Using Radioactive substances; or
(iii) Using Electricity for cauterization or surgery.
(j) Restricted license.- 'Restricted license' means a license issued by the Board under and as limited by § 13-314 of this title to practice physical therapy.
§ 13-102. Scope of title.
Except as specifically provided in this title, this title does not limit the right of:
(1) An individual to practice a health occupation that the individual is authorized to practice under this article;
(2) A chiropractor to practice physical therapy if the chiropractor is authorized to practice physical therapy under Title 3 of this article;
(3) An individual to provide nonmedical services while:
(i) Practicing cosmetology; or
(ii) Operating a health club; or
(4) A health club to advertise as a health club.
Subtitle 2: State Board of Physical Therapy Examiners
§ 13-201. Board established.
There is a State Board of Physical Therapy Examiners in the Department.
§ 13-202. Membership.
(a) Composition; appointment of members.-
(1) The Board consists of 8 members
(2) Of the 8 Board members:
(i) Five shall be licensed physical therapists, of which a minimum of four shall be engaged primarily in the clinical practice of physical therapy in this State;
(ii) One shall be a licensed physical therapist assistant practicing limited physical therapy in this State; and (iii) Two shall be consumer members.
(3) The Governor shall appoint the licensed physical therapist members and the licensed physical therapist assistant member, with the advice of the Secretary, from a list of names of qualified individuals submitted to the Secretary and the Governor by the American Physical Therapy Association of Maryland. The number of names on the list shall be at least three times the number of vacancies.
(4) The Governor shall appoint the consumer members with the advice of the Secretary and the advice and consent of the Senate.
(b) Qualifications of licensed physical therapist members.- Each licensed physical therapist member:
(1) Shall have at least 5 years' experience in physical therapy administration, education, practice, or research immediately before appointment; and
(2) Shall be engaged in the profession of physical therapy in this State.
(c) Qualifications of licensed physical therapist assistant members.- The licensed physical therapist assistant member shall:
(1) Have 5 years' experience in limited physical therapy; and
(2) Be engaged in the profession of limited physical therapy in this State.
(d) Qualifications of consumer member - In general.- Each consumer member of the Board:
(1) Shall be a member of the general public;
(2) May not be or ever have been a physical therapist or physical therapist assistant or in training to become a physical therapist or physical therapist assistant;
(3) May not have a household member who is a physical therapist or physical therapist assistant or in training to become a physical therapist or physical therapist assistant;
(4) May not participate or ever have participated in a commercial or professional field related to physical therapy;
(5) May not have a household member who participates in a commercial or professional field related to physical therapy; and
(6) May not have had within 2 years before appointment a substantial financial interest in a person regulated by the Board.
(e) Same - Restriction.- While a member of the Board, a consumer member may not have a substantial financial interest in a person regulated by the Board.
(f) Oath.- Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the State Constitution.
(g) Tenure; vacancies.-
(1) The term of a member is 4 years.
(2) The terms of members are staggered as required by the terms provided for members of the Board on July 1, 1981.
(3) At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
(5) To the extent practicable, the Governor shall fill any vacancy on the Board within 60 days of the date of the vacancy.
(6) A member may not serve more than 2 consecutive full terms.
(h) Removal.-
(1) The Governor may remove a member for incompetence or misconduct.
(2) Upon the recommendation of the Secretary, the Governor may remove a member whom the Secretary finds to have been absent from 2 successive Board meetings without adequate reason.
§ 13-203. Officers.
(a) Election of chairman.- From among its members, the Board annually shall elect a chairman and vice chairman.
(b) Election; duties.- The Board shall determine:
(1) The manner of election of the chairman and vice chairman; and
(2) The duties of the chairman and vice chairman.
§ 13-204. Board executive director.
(a) Appointment.- The Board shall appoint a Board executive director, who serves at the pleasure of the Board.
(b) Powers and duties.- The Board executive director:
(1) Is the executive officer of the Board; and
(2) Has the powers and duties assigned by the Board.
§ 13-205. Quorum; meetings; compensation; staff.
(a) Quorum.- A majority of the full authorized membership of the Board is a quorum to do business.
(b) Meetings.- The Board shall determine the times and places of its meetings.
(c) Compensation and reimbursement for expenses.- Each member of the Board is entitled to:
(1) Compensation determined by the Board and in accordance with the budget of the Board; and
(2) Reimbursement for expenses at a rate determined by the Board.
(d) Staff; experts and consultants.- In accordance with the budget of the Board, the Board may employ:
(1) A staff; and
(2) Experts and consultants to obtain information and advice that relate to physical therapy.
§ 13-206. Miscellaneous powers and duties.
(a) Powers.- In addition to the powers set forth elsewhere in this title, the Board may:
(1) Adopt rules and regulations to carry out the provisions of this title;
(2) Adopt standards of practice and a code of ethics for the practice of physical therapy and limited physical therapy; and
(3) Pay, in accordance with the State budget, any necessary expense that relates to the referral of an alleged violation of the criminal provisions of this title.
(b) Duties.- In addition to the duties set forth elsewhere in this title, the Board shall:
(1) Keep a list of the name and address of each licensed physical therapist and licensed physical therapist assistant;
(2) Present evidence of any alleged violation of this title to the State's Attorney of the county where the alleged violation occurred; and
(3) Adopt rules and regulations that govern the use of a physical therapy aide by a licensed physical therapist.
§ 13-207. State Board of Physical Therapy Examiners Fund; establishment of fees; disposition of funds.
(a) Fund established.- There is a State Board of Physical Therapy Examiners Fund.
(b) Establishment of fees.-
(1) The Board may set reasonable fees for the issuance and renewal of licenses and its other services.
(2) The fees charged shall be set so as to approximate the cost of maintaining the Board.
(3) Funds to cover the compensation and expenses of the Board members shall be generated by fees set under this section.
(c) Disposition of funds.-
(1) The Board shall pay all funds collected under this title to the Comptroller of the State.
(2) The Comptroller shall distribute the fees to the State Board of Physical Therapy Examiners Fund.
(d) Fund - Uses; nature; reversion; funding.-
(1) The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided by the provisions of this article.
(2) The Fund is a continuing, nonlapsing fund, not subject to § 7-302 of the State Finance and Procurement Article.
(3) Any unspent portions of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified in this article.
(4) No other State money may be used to support the Fund.
(e) Same - Administration; expenditures.-
(1) A designee of the Board shall administer the Fund.
(2) Moneys in the Fund may be expended only for any lawful purpose authorized under the provisions of this article.
(f) Same - Audits.- The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2-1220 of the State Government Article.
§ 13-207.1. Disclosure of information.
If it is determined that disclosure of information contained in a record of the Board will serve to protect the public, the Board, after an affirmative vote of a majority, may:
(1) Disclose any information contained in a record of the Board to any other health occupations licensure board of this State if the information relates to an individual licensed or certified by the other board; or
(2) Disclose to a physical therapy licensure board of any other state:
(i) Any information contained in a record of the Board if the information relates to an individual licensed by the Board and is based on a final decision of the Board; or
(ii) The information that a licensee has charges pending before the Board and there has been no final decision in the matter.tter.
§ 13-208. Good faith exemption from civil liability.
A person shall have the immunity from liability described under § 5-714 of the Courts and Judicial Proceedings Article for giving information to the Board or otherwise participating in its activities.
Subtitle 3: Licensing
§ 13-301. License required; exceptions.
(a) In general.- Except as otherwise provided in this title, an individual shall be licensed by the Board before the individual may practice physical therapy or limited physical therapy in this State.
(b) Exceptions.- This section does not apply to:
(1) A student who is supervised directly by a licensed physical therapist in a Board approved physical therapy educational program; or
(2) A physical therapy aide, if the physical therapy aide:
(i) Subject to the rules and regulations adopted by the Board, performs only procedures that do not require the professional skills of a licensed physical therapist or a licensed physical therapist assistant; and
(ii) Performs procedures only under the direct supervision of a licensed physical therapist who personally is present in the area where the procedures are performed.rmed.
§ 13-302. Qualifications of applicants - Generally.
(a) In general.-
(1) To qualify for a physical therapy license, an applicant shall be an individual who meets the requirements of:
(i) This section; and
(ii) § 13-303 of this
(2) To qualify for a physical therapist assistant license, an applicant shall be an individual who meets the requirements of:
(i) This section; and
(ii) § 13-304 of this .
(b) Moral character.- The applicant shall be of good moral character.
(c) Examinations.- Except as otherwise provided in this title, the applicant shall pass the appropriate examination given by the Board under this .
(d) Additional requirements.- The applicant shall meet any other qualifications or requirements that the Board establishes for license applicants.
(e) English language competency.-
(1) Except as provided in paragraph (2) of this subsection, the Board shall require as part of its examination or licensing procedures that an applicant for a license to practice physical therapy or limited physical therapy demonstrate written and oral competency in the English language.
(2) An applicant is exempt from English language competency testing under paragraph (1) of this subsection if the applicant graduated from a physical therapy program that was taught in English.
(3) By regulation, the Board shall develop a procedure for testing individuals who because of their speech impairment are unable to complete satisfactorily a Board approved standardized test of oral competency.
(4) If any disciplinary charges or action that involves a problem with the oral communication of the English language are brought against a licensee under this title, the Board shall require the licensee to take and pass a Board approved standardized test of oral competency.
§ 13-302.1. Criminal history records check.
(a) 'Central Repository' defined. -- In this section, 'Central Repository' means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
(b) Required submissions. -- 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:
(1) Two complete sets of legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
(2) The fee authorized under § 10-221(b)(7) of the Criminal Procedure Article for access to State criminal history records; and
(3) The processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
(c) Information to be sent to Board and applicant. -- In accordance with §§ 10-201 through 10-228 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.
(d) Alternative method to fingerprint check. -- 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.
(e) Confidentiality. -- Information obtained from the Central Repository under this section:
(1) Is confidential and may not be redisseminated; and
(2) May be used only for the licensing purpose authorized by this title.
(f) Contest by subject. -- 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.
2014, ch. 598.
§ 13-303. Qualifications - Physical therapists.
(a) Educated in any state. - If an applicant for a physical therapy license has been educated in physical therapy in any state, the applicant shall have:
(1) Graduated from a physical therapy program that, in the year of graduation, was
(i) Approved by The American Physical Therapy Association; or
(ii) Accredited by The Commission on Accreditation in Physical Therapy Education; and
(2) Completed satisfactorily the clinical training required by the physical therapy program.
(b) Educated outside of any state. - 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.
§ 13-304. Qualifications - Physical therapist assistants.
(A) If an applicant for a physical therapist assistant license has been educated in limited physical therapy in any state, the applicant shall have:
(1) Graduated from a physical therapist assistant program that is
(i) Approved by The American Physical Therapy Association; or
(ii) Accredited by The Commission on Accreditation in Physical Therapy Education; and
(2) Completed satisfactorily the clinical training required by the physical therapist assistant program.
(B) 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 education 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.
§ 13-305. Applications for licenses.
(a) Physical therapy license. -- To apply for a physical therapy license, an applicant shall:
(1) Submit to the Board:
(i) An application on the form that the Board requires;
(ii) Evidence of completion of:
1. A physical therapy curriculum; and
2. Any clinical training required under the physical therapy curriculum; and
(iii) Any other document that the Board requires;
(2) Submit to a criminal history records check in accordance with § 13-302.1 of this subtitle; and
(3) Pay to the Board the application fee set by the Board.
(b) Physical therapist assistant license. -- To apply for a physical therapist assistant license, an applicant shall:
(1) Submit to the Board:
(i) An application on the form that the Board requires;
(ii) Evidence of completion of:
1. A physical therapist assistant curriculum; and
2. Any clinical training required under the physical therapist assistant curriculum; and
(iii) Any other document that the Board requires;
(2) Submit to a criminal history records check in accordance with § 13-302.1 of this subtitle; and
(3) Pay to the Board the application fee set by the Board.
§ 13-306. Examination.
(a) Right to examination.- An applicant who otherwise qualifies for a license is entitled to be examined for that license as provided in this section.
(b) Time and place of examination.- The Board shall give examinations at least twice a year, at the times and places that the Board determines, to applicants for:
(1) A physical therapy license; and
(2) A physical therapist assistant license.
(c) Notice of examination.- The Board or its agent shall notify each qualified applicant of the time and place of the examination.
(d) Subjects and method of examination.- The Board shall determine the subjects, scope, form, and passing score for examinations given under this .
§ 13-307. Waiver of Examination Requirement.
(a) In general.- 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.
(b) Conditions.- The Board may grant a waiver under this section only if the applicant:
(1) Pays the application fee set by the Board under § 13-305 of this ; and
(2) Provides adequate evidence that the applicant:
(i) Meets the qualifications otherwise required by this title; and
(ii) Became licensed or otherwise authorized in the other state after passing in that or any other state a national licensing examination with a passing score as high as that required of Maryland applicants. bsp;
§ 13-308. Issuance of license; display or notice of license; change of address.
(a) Issuance of license.- The Board shall issue the appropriate license to an applicant who meets the requirements of this title for that license.
(b) Display or notice of license.-
(1) Except as otherwise provided in this subsection, each licensee shall display the license conspicuously in the licensee's office so that it may be seen by patients.
(2) A licensee who works in a setting outside the licensee's office, other than a hospital or a related institution, as defined in § 19-301 of the Health - General Article, shall present the wallet sized renewal card as evidence of current licensure to a patient at the beginning of the licensee's initial visit to the patient.
(3) A hospital or a related institution that provides physical therapy services shall display a notice in the reception room of the physical therapy treatment area stating that evidence of current licensure for each licensee is on file and may be reviewed by a patient on request.
(c) Change of address.- Each licensee shall give the Board immediate written notice of any change of address.
§ 13-309. Scope of physical therapy license.
A physical therapy license authorizes the licensee to practice physical therapy while the license is effective.
§ 13-310. Scope of physical therapist assistant license.
(a) In general.- 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.
(b) Supervision required.- 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.
§ 13-311. Term and renewal of licenses.
(a) Term of license.- A license expires on the date set by the Board, unless the license is renewed for an additional term as provided in this section. A license may not be renewed for a term longer than 2 years.
(b) Renewal notice-
(1) Except as provided in paragraph (2) of this subsection, at least 1 month before the license expires, the Board shall send to the licensee, by first-class mail to the last known address of the licensee, a renewal notice that states:
(I) The date on which the current license expires;
(II) The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the license expires; and
(III) The amount of the renewal fee.
(2) 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.
(3) If a renewal notice sent by electronic means under paragraph (2) of this subsection 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.
(c) Applications for renewal.- Before the license expires, the licensee periodically may renew it for an additional 2-year term, if the licensee:
(1) Otherwise is entitled to be licensed;
(2) Pays to the Board a renewal fee set by the Board; and
(3) Submits to the Board:
(i) A renewal application on the form that the Board requires; and
(ii) Satisfactory evidence of compliance with the other qualifications set under this title for license renewal.
(d) Continuing education.- The Board may adopt regulations to establish continuing education requirements as a condition for the renewal of licenses under this section.
(e) Issuance of renewal.- The Board shall renew the license of each licensee who meets the requirements of this section.
§ 13-312. Reinstatement of expired licenses.
(a) Reinstatement permitted.-
(1) Within 3 years after a license has expired, the Board may reinstate the license if the licensee:
(i) Was licensed by passing a Board approved national licensing examination;
(ii) Has not practiced physical therapy or limited physical therapy in this State during that period
(iii) Otherwise is entitled to be licensed;
(iv) Pays to the Board the application fee set by the Board;
(v) Submits to the Board an application on the form required by the Board; and
(vi) Has met the continuing education requirements of § 13-311 (d) of this .
(2) The Board may not require the physical therapist or physical therapist assistant who qualifies for reinstatement under this subsection to be reexamined under § 13-306 of this .
(b) Reinstatement not permitted.- 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.
§ 13-313. Temporary license.
Repealed by Acts 2008, ch. 657, effective October 1, 2008.
§ 13-314. Restricted license.
(a) Authority to issue.- If an applicant is licensed or registered to practice physical therapy in any other state, the Board may waive the examination requirements of this and issue a restricted license if the applicant:
(1) Pays to the Board the restricted license fee set by the Board;
(2) Submits to the Board an application on a form acceptable to the Board; and
(3) Meets any other requirement set by the Board.
(b) Scope.- A restricted license authorizes the holder to practice physical therapy in connection with:
(1) Giving lectures or workshops on physical therapy; or
(2) Taking any short-term physical therapy study course that is approved by the Board.
(c) Term.- A restricted license expires at the end of:
(1) The lecture or workshop on physical therapy; or
(2) The short-term physical therapy study course that is approved by the Board.
(d) Renewal.- The Board may not renew a restricted license. However, the holder of a restricted license may reapply to the Board for a new license.
§ 13-315. Surrender of license.
(a) In general.- 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 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.
(b) Conditions.- 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.
(c) Return of license to Board.- 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.
§ 13-316. Denials, reprimands, probations, suspensions, and revocations - Grounds.
Subject to the hearing provisions of § 13-317 of this , the Board may deny a license or restricted license to any applicant, reprimand any licensee or holder of a restricted license, place any licensee or holder of a restricted license on probation, or suspend or revoke a license or restricted license if the applicant, licensee, or holder:
(1) Fraudulently or deceptively obtains or attempts to obtain a license or restricted license for the applicant, licensee, or holder or for another;
(2) Fraudulently or deceptively uses a license or restricted license;
(3) 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;
(4) In the case of an individual who is authorized to practice physical therapy is grossly negligent:
(i) In the practice of physical therapy;
(ii) In the direction of an individual who is authorized to practice limited physical therapy; or
(iii) In the supervision of a physical therapy aide;
(5) In the case of an individual who is authorized to practice limited physical therapy:
(i) Practices limited physical therapy other than as authorized by this title; or
(ii) Is grossly negligent while practicing limited physical therapy;
(6) 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;
(7) Is convicted of a violation of a narcotic law;
(8) To an extent that impairs professional competence, habitually uses any:
(i) Drug; or
(ii) Alcoholic beverage;
(9) Pays or agrees to pay any sum to any person for bringing or referring a patient;
(10) 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 United States uniformed services or Veterans Administration for an act that would be grounds for disciplinary action under the Board's disciplinary statutes;
(11) 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;
(12) Willfully makes or files a false report or record in the practice of physical therapy or limited physical therapy;
(13) 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;
(14) Submits a false statement to collect a fee;
(15) Violates any provision of this title or rule or regulation adopted by the Board;
(16) Uses or promotes or causes the use of any misleading, deceiving, or untruthful advertising matter, promotional literature, or testimonial;
(17) Is professionally, physically, or mentally incompetent;
(18) Promotes the sale of devices, appliances, or goods to a patient or client so as to exploit the patient or client for financial gain;
(19) Commits an act of unprofessional conduct in the practice of physical therapy or limited physical therapy;
(20) Grossly overutilizes health care services;
(21) Is convicted under insurance fraud as defined in § 27-801 of the Insurance Article;
(22) 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;
(23) Provides professional services while:
(i) Under the influence of alcohol; or
(ii) Using any narcotic or controlled dangerous substance, as defined in § 5-101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication;
(24) Willfully and without legal justification, fails to cooperate with a lawful investigation conducted by the Board; or
(25) Fails to meet accepted standards in delivering physical therapy or limited physical therapy care.
(26) Fails to submit to a criminal history records check in accordance with § 13-302.1 of this subtitle.
§ 13-316.1. Mental or physical condition of licensee affecting ability to practice.
(a) Cause for examination.- 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.
(b) Consent to test.- In return for the privilege to practice physical therapy or limited physical therapy, a licensee is deemed to:
(1) Consent to be examined, tested, or evaluated pursuant to this section; and
(2) Waive objection to the receipt of and consideration by the Board of the results of any examinations, tests, or evaluations conducted by, and the reports and testimony of, the examining health care provider.
(c) Failure or refusal of examination viewed as inability to practice.- 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.
§ 13-317. Denials, reprimands, probations, suspensions, and revocations - Hearings.
(a) Right of hearing.- Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 13-316 of this , it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.
(b) Application of Administrative Procedure Act.- The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.
(c) Right to counsel.- The individual may be represented at the hearing by counsel.
(d) Hearing by committee.-
(1) The chairman of the Board may delegate authority to conduct a hearing to a committee consisting of three or more Board members.
(2) The committee shall:
(i) Hold an evidentiary hearing; and
(ii) Prepare a recommended decision for consideration by a quorum of the Board, which may include members of the committee.
(3) The committee shall give each party the opportunity to file exceptions and present argument to the Board regarding the decision of the committee.
(e) Subpoenas and oaths.- 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.
(f) Contempt of court.- 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.
(g) Ex parte hearing.- 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.
§ 13-318. Administrative and judicial review.
(a) In general.- Except as provided in this section for an action under § 13-316 of this , any person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may:
(1) Appeal that decision to the Board of Review; and
(2) Then take any further appeal allowed by the Administrative Procedure Act.
(b) Action under § 13-316.-
(1) Any person aggrieved by a final decision of the Board under § 13-316 of this may not appeal to the Secretary or Board of Review but may take a direct judicial appeal.
(2) The appeal shall be made as provided for judicial review of final decisions in the Administrative Procedure Act.
§ 13-318.1. Action to enjoin violations.
(a) Disciplinary action.- An action may be maintained in the name of this State or the Board to enjoin:
(1) The unauthorized practice of physical therapy; or
(2) Conduct that is ground for disciplinary action under § 13-316 of this .
(b) Who may bring action.- An action under this section may be brought by:
(1) The Board in its own name;
(2) The Attorney General, in the name of the State; or
(3) A State's Attorney, in the name of the State.
(c) Jurisdiction.- An action under this section may be brought in the county where the defendant resides or engaged in the act sought to be enjoined.
(d) Proof of damage.- 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.
(e) Criminal prosecution.- 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.
§ 13-319. Physical therapist rehabilitation committees
(a) In general.- In this section, 'physical therapist rehabilitation committee' means a committee that:
(1) Is defined in subsection (b) of this section; and
(2) Performs any of the functions listed in subsection (c) of this section.
(b) Definition.- For purposes of this section, a physical therapist rehabilitation committee is a committee of the American Physical Therapy Association of Maryland, Inc. that:
(1) Is recognized by the Board; and
(2) Is composed of physical therapists.
(c) Duties.- 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.
(d) Discoverability and admissibility of proceedings, records and files.-
(1) Except as otherwise provided in this section, the proceedings, records, and files of the physical therapist rehabilitation committee are not discoverable and are not admissible in evidence in any civil action arising out of matters that are being or have been reviewed and evaluated by the physical therapist rehabilitation committee.
(2) Paragraph (1) of this subsection does not apply to any record or document that is considered by the physical therapist rehabilitation committee and that otherwise would be subject to discovery and introduction into evidence in a civil trial.
(3) For the purposes of this subsection, civil action does not include a proceeding before the Board or judicial review of a proceeding before the Board.
(e) Civil liability.- 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.
Subtitle 4: Prohibited Acts; Penalty
§ 13-401. Practicing without license.
(a) Practicing physical therapy.- Except as otherwise provided in this title, a person may not practice, attempt to practice, or offer to practice physical therapy in this State unless licensed to practice physical therapy by the Board.
(b) Practicing limited physical therapy.- Except as otherwise provided in this title, a person may not practice, attempt to practice, or offer to practice limited physical therapy in this State unless licensed to practice limited physical therapy by the Board.
§ 13-402. Misrepresentation - Physical therapist.
(a) In general.- Unless licensed to practice physical therapy under this title, a person may not represent to the public by title that the person is licensed to practice physical therapy in this State.
(b) Certain representations prohibited.- Unless licensed to practice physical therapy under this title, a person may not use the abbreviation 'P.T.' or any other word, letter, or symbol approved by the Board with the intent to represent that the person practices physical therapy.
§ 13-403. Misrepresentation - Physical therapist assistant.
(a) In general.- Unless licensed to practice limited physical therapy under this title, a person may not represent to the public by title that the person is licensed to practice limited physical therapy in this State.
(b) Certain representations prohibited.- Unless licensed to practice limited physical therapy under this title, a person may not use the abbreviation 'P.T.A.' or any other word, letter, or symbol approved by the Board with the intent to represent that the person practices limited physical therapy.
§ 13-404. Supervision required.
Unless under the direction of a licensed physical therapist, a physical therapist assistant may not practice limited physical therapy.
§ 13-405, 13-406
Reserved
§ 13-407. Penalty generally.
(a) In general.- A person who violates any provision of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 3 years or both.
(b) Civil fine.-
(1) Any person who violates § 13-401 of this subtitle is subject to a civil fine of not more than $50,000 to be assessed by the Board.
(2) The Board shall pay any penalty collected under this subsection into the State Board of Physical Therapy Examiners Fund.
§ 13-407.1. Penalties following reprimand or refusal to license.
If, after a hearing under § 13-317 of this title, the Board finds that there are grounds under § 13-316 of this title to suspend or revoke a license to practice physical therapy or limited physical therapy, to reprimand a licensee, or to refuse to license an applicant, the Board may impose a penalty not exceeding $5,000 in addition to suspending or revoking the license or reprimanding the licensee.
§ 13-408. Reports by courts to Board.
(a) Required reports.- Each court shall report to the Board each conviction of or entry of a plea of guilty or nolo contendere by a physical therapist or physical therapist assistant for any felony or crime involving moral turpitude.
(b) Time for making report.- The court shall submit the report within 10 days of the conviction or entry of the plea.
Subtitle 5: Short Title; Termination of Title
§ 13-501. Short title.
This title may be cited as the 'Maryland Physical Therapy Act'.
§ 13-502. Termination of title.
Subject to the evaluation and reestablishment provisions of the Program Evaluation Act, this title and all rules and regulations adopted under this title shall terminate and be of no effect after July 1, 2022. .
