(a) "Physical therapy" means examining, evaluating and testing individuals with mechanical, anatomical, physiological and developmental impairments, functional limitations and disabilities or other health and movement-related conditions in order to determine a diagnosis solely for physical therapy, prognosis, plan of therapeutic intervention and to assess the ongoing effects of physical therapy intervention. Physical therapy also includes alleviating impairments, functional limitations and disabilities by designing, implementing and modifying therapeutic interventions that may include, but are not limited to, therapeutic exercise; functional training in community or work integration or reintegration; manual therapy; therapeutic massage; prescription, application and, as appropriate, fabrication of assistive, adaptive, orthotic, prosthetic, protective and supportive devices and equipment; airway clearance techniques; integumentary protection and repair techniques; debridement and wound care; physical agents or modalities; mechanical and electrotherapeutic modalities; patient-related instruction; reducing the risk of injury, impairments, functional limitations and disability, including the promotion and maintenance of fitness, health and quality of life in all age populations and engaging in administration, consultation, education and research. Physical therapy also includes the care and services provided by a physical therapist or a physical therapist assistant under the direction and supervision of a physical therapist that is licensed pursuant to this act. Physical therapy does not include the use of roentgen rays and radium for diagnostic and therapeutic purposes, the use of electricity for surgical purposes, including cauterization, the practice of any branch of the healing arts and the making of a medical diagnosis.
(b) "Physical therapist" means a person who is licensed to practice physical therapy pursuant to this act. Any person who successfully meets the requirements of K.S.A. 65-2906 and amendments thereto shall be known and designated as a physical therapist and may designate or describe oneself as a physical therapist, physiotherapist, licensed physical therapist, P.T., Ph. T., M.P.T., D.P.T. or L.P.T.
(c) "Physical therapist assistant" means a person who is certified pursuant to this act and who works under the direction of a physical therapist, and who assists the physical therapist in selected components of physical therapy intervention. Any person who successfully meets the requirements of K.S.A. 65-2906 and amendments thereto shall be known and designated as a physical therapist assistant, and may designate or describe oneself as a physical therapist assistant, certified physical therapist assistant, P.T.A., C.P.T.A. or P.T. Asst.
(d) "Board" means the state board of healing arts.
(e) "Council" means the physical therapy advisory council.
(f) "Physician" means a person licensed to practice medicine and surgery.
History: L. 1963, ch. 318, § 1; L. 1973, ch. 253, § 1; L. 1983, ch. 215, § 1; L. 1988, ch. 246, § 19; L. 2003, ch. 128, § 1; L. 2004, ch. 61, § 1; L. 2007, ch. 177, § 19; May 17.
History: L. 1963, ch. 318, § 2; Repealed, L. 2003, ch. 128, § 30; April 1, 2004.
History: L. 1963, ch. 318, § 3; L. 1973, ch. 253, § 2; L. 1978, ch. 308, § 52; L. 1981, ch. 299, § 50; L. 1983, ch. 215, § 2; L. 1987, ch. 240, § 15; L. 2003, ch. 128, § 2; Apr. 1, 2004.
History: L. 1963, ch. 318, § 4; L. 1973, ch. 253, § 3; L. 1983, ch. 215, § 3; L. 1987, ch. 240, § 16; L. 2003, ch. 128, § 3; Apr. 1, 2004.
(b) The council shall serve in an advisory capacity to the board in matters pertaining to physical therapy. The board may adopt reasonable rules and regulations as may be found necessary for the performance of its duties. As to any matters coming under its jurisdiction, the council while in session may take testimony and any member may administer oaths in the taking of such testimony.
(c) A simple majority of the council shall constitute a quorum for the transaction of business. The secretary shall keep a record of all procedures of the council.
(d) The board may appoint and fix the compensation of such employees as may be necessary to assist the council, and the board shall have the power to employ such expert assistance as it may deem necessary to carry out the purposes of this act. Members of the council attending meetings of such council, or attending a subcommittee meeting thereof authorized by such council, shall be paid amounts provided in subsection (e) of K.S.A. 75-3223 and amendments thereto.
History: L. 1963, ch. 318, § 5; L. 1973, ch. 253, § 4; L. 1974, ch. 348, § 28; L. 1983, ch. 215, § 4; L. 1987, ch. 240, § 17; L. 2003, ch. 128, § 4; Apr. 1, 2004.
(b) An applicant applying for licensure as a physical therapist or for a certificate as a physical therapist assistant shall file a written application on forms provided by the board, showing to the satisfaction of the board that the applicant meets the following requirements:
(1) The applicant is of legal age;
(2) the applicant has successfully completed the academic requirements of an educational program in physical therapy approved by the board which is appropriate for the certification or licensure of the applicant or, if the applicant attended a program not approved by the board, the applicant shall present an evaluation by an entity approved by the board showing that applicant's educational program met the criteria a school must satisfy to be approved by the board;
(3) the applicant has passed an examination required by the board which is appropriate for the certification or licensure of the applicant to test the applicant's knowledge of the basic and clinical sciences relating to physical therapy theory and practice; and
(4) the applicant has paid to the board all applicable fees established under K.S.A. 65-2911 and amendments thereto.
(c) The board shall adopt rules and regulations establishing the criteria which a school shall satisfy in order to be approved by the board for purposes of subsection (b). The board may send a questionnaire developed by the board to any school for which the board does not have sufficient information to determine whether the school meets the requirements of the board for approval and rules and regulations adopted under this section. The questionnaire providing the necessary information shall be completed and returned to the board in order for the school to be considered for approval. The board may contract with investigative agencies, commissions or consultants to assist the board in obtaining information about schools. In entering such contracts the authority to approve schools shall remain solely with the board.
History: L. 1963, ch. 318, § 6; L. 1972, ch. 237, § 1; L. 1973, ch. 253, § 5; L. 1974, ch. 256, § 1; L. 1983, ch. 215, § 5; L. 1983, ch. 213, § 10; L. 1988, ch. 243, § 10; L. 1994, ch. 134, § 1; L. 2003, ch. 128, § 5; Apr. 1, 2004.
History: L. 1963, ch. 318, §§ 7, 8; L. 1973, ch. 253, §§ 6, 7; L. 1983, ch. 215, §§ 6, 7; Repealed, L. 2003, ch. 128, § 30; April 1, 2004.
(b) The board may issue a certificate as a physical therapist assistant without examination therein to an applicant who presents evidence satisfactory to the board of having passed an examination as a physical therapist assistant approved by the board or an examination before a lawfully authorized examining board in physical therapy of another state, District of Columbia, territory or foreign country, if the standards for certification in physical therapy in such other state, District of Columbia, territory or foreign country are determined by the board to be as high as those of this state. At the time of making such application, the applicant shall pay to the board a fee as prescribed, no part of which shall be returned.
(c) The board may issue a temporary permit to an applicant for licensure as a physical therapist or an applicant for certification as a physical therapist assistant who applies for a temporary permit on a form provided by the board, who meets the requirements for licensure as a physical therapist or for certification as a physical therapist assistant or who meets all of the requirements for licensure or certification except examination and who pays to the board the temporary permit fee as required under K.S.A. 65-2911 and amendments thereto. Such temporary permit shall expire three months from the date of issue or on the date that the board approves the application for licensure or certification, whichever occurs first. No more than one such temporary permit shall be granted to any one person.
History: L. 1963, ch. 318, § 9; L. 1973, ch. 253, § 8; L. 1983, ch. 215, § 8; L. 2003, ch. 128, § 6; Apr. 1, 2004.
(b) The board shall require every licensed physical therapist or certified physical therapist assistant as a condition of renewal to submit with the application for a renewal evidence of satisfactory completion of a program of continuing education required by the board. The board shall establish the requirements for each such program of continuing education by rules and regulations. In establishing such requirements the board shall consider any existing programs of continuing education currently being offered to licensed physical therapists or certified physical therapist assistants.
(c) At least 30 days before the expiration of the license of a physical therapist or the certificate of a physical therapist assistant, the board shall notify the licensee or certificate holder of the expiration by mail addressed to the licensee's last mailing address as noted upon the office records. If the licensee or certificate holder fails to pay the renewal fee by the date of expiration, the licensee or certificate holder shall be given a second notice that the license or certificate has expired and the license or certificate may be renewed only if the renewal fee and the late renewal fee are received by the board within the thirty-day period following the date of expiration and that, if both fees are not received within the thirty-day period, the license or certificate shall be canceled for failure to renew and shall be reissued only after the physical therapist or physical therapist assistant has been reinstated under subsection (d).
(d) Any licensee or certificate holder who allows the license or certificate to be canceled by failing to renew may be reinstated upon recommendation of the board, upon payment of the reinstatement fee and upon submitting evidence of satisfactory completion of any applicable reeducation and continuing education requirements established by the board. The board shall adopt rules and regulations establishing appropriate reeducation and continuing education requirements for reinstatement of persons whose licenses or certificates have been canceled for failure to renew.
(e) There is hereby created the designation of inactive license. The board is authorized to issue an inactive license to any physical therapist who makes written application for a license as a physical therapist on a form provided by the board and remits the fee established pursuant to K.S.A. 65-2911, and amendments thereto. The board may issue an inactive license only to a person who meets all the requirements for a license to practice as a physical therapist and who does not actively practice as a physical therapist in this state. An inactive license shall not entitle the holder to render professional services as a physical therapist. The provisions of subsections (c) and (d) relating to expiration, renewal and reinstatement of a license shall be applicable to an inactive license issued under this subsection. Each inactive licensee may apply to engage in active practice by providing to the board proof that a policy of professional liability insurance will be maintained in compliance with K.S.A. 2007 Supp. 65-2920, and amendments thereto, and rules and regulations adopted by the board.
History: L. 1963, ch. 318, § 10; L. 1973, ch. 253, § 9; L. 1976, ch. 274, § 4; L. 1983, ch. 215, § 9; L. 1992, ch. 253, § 5; L. 2003, ch. 128, § 7; L. 2004, ch. 117, § 18; July 1.
(b) (1) The board shall charge and collect in advance fees provided for
in
this act as fixed by the board by rules and regulations, subject to the
following limitations:
Application based upon certificate of prior examination, not more than.................$80
Application based on examination, not more than.................100
Annual renewal fee, not more than.................70
Late renewal fee, not more than.................75
Reinstatement fee, not more than.................80
Certified copy of license or certificate, not more than.................15
Duplicate certificate.................15
Temporary permit.................25
(2) The board shall charge and collect in advance fees for any
examination administered by the board under
article 29 of chapter 65 of the Kansas Statutes Annotated and acts amendatory
of the provisions thereof or supplemental thereto as fixed by the board by
rules and regulations in an amount
equal to the cost to the board of the examination. If the examination is
not administered by the board, the board may require that fees paid for any
examination under article 29 of chapter 65 of the Kansas Statutes Annotated and
acts amendatory of the provisions thereof or supplemental thereto be paid
directly to
the examination service by the person taking the examination.
(3) The fees fixed by the board by rules and regulations under article 29 of
chapter 65 of the Kansas Statutes Annotated and acts amendatory of the
provisions thereof or supplemental thereto and in effect immediately prior to
the effective date of this act shall continue in effect until different fees
are fixed by the board by rules and regulations as provided under this
section.
(c) The board shall
remit all moneys received by
or for it from fees, charges or penalties to the state treasurer in
accordance with the provisions of K.S.A. 75-4215, and
amendments thereto. Upon receipt of each such
remittance,
the state
treasurer
shall
deposit the entire amount in the state treasury. Twenty percent
of such amount shall be credited to the state
general fund and the balance shall be credited to the healing arts fee
fund. All expenditures from such fund shall be made in accordance with
appropriation acts upon warrants of the director of accounts and reports
issued pursuant to vouchers approved by the president of the board or by a
person or persons designated by the president of the board.
History: L. 1963, ch. 318, § 11; L. 1973, ch. 309,
§ 24; L. 1983, ch. 215, § 10; L. 1987, ch. 240, § 18;
L. 2001, ch. 5, § 241;
L. 2003, ch. 128, § 8; Apr. 1, 2004.
(1) Addiction to or distribution of intoxicating liquors or drugs for
other than lawful purposes;
(2) conviction of a felony if the board determines, after
investigation, that the physical therapist or physical therapist assistant
has not been sufficiently rehabilitated to warrant the public trust;
(3) obtaining or attempting to obtain licensure or
certification by
fraud or deception;
(4) finding by a court of competent jurisdiction that the physical
therapist or physical therapist assistant is a disabled person and has not
thereafter been restored to legal capacity;
(5) unprofessional conduct as defined by rules and regulations adopted by
the board;
(6) the treatment or attempt to treat ailments or other health
conditions of human beings other than by physical therapy and as authorized
by this act;
(7) failure to refer patients to other health care providers if
symptoms are present for which physical therapy treatment is inadvisable or
if symptoms indicate conditions for which treatment is outside the scope of
knowledge of the licensed physical therapist;
(8) evaluating or treating patients in a
manner not consistent with K.S.A. 2007 Supp. 65-2921
and amendments thereto; and
(9) knowingly submitting any misleading, deceptive, untrue or
fraudulent misrepresentation on a claim form, bill or statement.
(b) All proceedings pursuant to article 29 of chapter
65 of the Kansas Statutes Annotated, and acts amendatory of the provisions
thereof or supplemental thereto, shall be conducted in
accordance with the provisions of the Kansas administrative procedure act
and shall be reviewable in accordance with the act for judicial review and
civil enforcement of agency actions.
History: L. 1963, ch. 318, § 12; L. 1965, ch. 369, § 6;
L. 1973, ch. 253, § 10; L. 1983, ch. 215, § 11; L. 1984, ch. 313,
§ 125; L. 1986,
ch. 234, § 7; L. 1988, ch. 246, § 20;
L. 2003, ch. 128, § 9;
L. 2004, ch. 61, § 2;
L. 2007, ch. 177, § 20; May 17.
(b) Any person who, in any manner, represents oneself as a physical therapist
assistant, or who uses in connection with such person's name the words or
letters physical therapist assistant, certified physical therapist assistant,
P.T.A., C.P.T.A. or P.T. Asst., or any other letters, words, abbreviations or
insignia, indicating or implying that such person is a physical therapist
assistant, without a valid existing certificate as a physical therapist
assistant issued to such person pursuant to the provisions of this act, shall
be guilty of a class B nonperson misdemeanor.
(c) Nothing in this act is intended to limit, preclude or otherwise interfere
with the practices of other health care providers formally trained and
practicing their profession. The provisions of article 29 of chapter 65 of the
Kansas Statutes Annotated and acts amendatory thereof or supplemental thereto
shall not apply to the following individuals so long as they do not hold
themselves out in a manner prohibited under subsection
(a) or (b) of this section:
(1) Persons rendering assistance in the case of an emergency;
(2) members of any church practicing their religious tenets;
(3) persons whose services are performed pursuant to the delegation of and
under the supervision of a physical therapist who is licensed under this act;
(4) health care providers in the United States armed forces, public health
services, federal facilities and coast guard or other military service when
acting in the line of duty in this state;
(5) licensees under the healing arts act, and practicing their professions,
when licensed and practicing in accordance with the provisions of law or
persons performing services pursuant to the delegation of a licensee
under subsection (g) of K.S.A. 65-2872 and amendments thereto;
(6) dentists practicing their professions, when licensed and practicing in
accordance with the provisions of law;
(7) nurses practicing their professions, when licensed and practicing in
accordance with the provisions of law or persons performing services pursuant
to the delegation of a licensed nurse under subsection (m) of K.S.A. 65-1124
and amendments thereto;
(8) health care providers who have been formally trained and are practicing
in accordance with their training or have received specific training in one or
more functions included in this act pursuant to established educational
protocols or both;
(9) students while in actual attendance in an accredited health care
educational program and under the supervision of a qualified instructor;
(10) self-care by a patient or gratuitous care by a friend or family member;
(11) optometrists practicing their profession when licensed and practicing in
accordance with the provisions of article 15 of chapter 65 of the Kansas
Statutes Annotated and amendments thereto;
(12) podiatrists practicing their profession when licensed and practicing in
accordance with the provisions of article 20 of chapter 65 of the Kansas
Statutes Annotated and amendments thereto;
(13) occupational therapists practicing their profession when licensed and
practicing in accordance with the occupational therapy practice act and
occupational therapy assistants practicing their profession when licensed and
practicing in accordance with the occupational therapy practice act;
(14) respiratory therapists practicing their profession when licensed and
practicing in accordance with the respiratory therapy practice act;
(15) physician assistants practicing their profession when licensed and
practicing in accordance with the physician assistant licensure act;
(16) persons practicing corrective therapy in accordance with their training
in corrective therapy;
(17) athletic trainers practicing their profession when licensed and
practicing in accordance with the athletic trainers licensure act;
(18) persons who massage for the purpose of relaxation, muscle conditioning
or figure improvement, so long as no drugs are used and such persons do not
hold themselves out to be physicians or healers;
(19) barbers practicing their profession when licensed and practicing in
accordance with the provisions of article 18 of chapter 65 of the Kansas
Statutes Annotated and amendments thereto;
(20) cosmetologists practicing their profession when licensed and practicing
in accordance with the provisions of article 19 of chapter 65 of the Kansas
Statutes Annotated and amendments thereto;
(21) attendants practicing their profession when certified and practicing in
accordance with the provisions of article 61 of chapter 65 of the Kansas
Statutes Annotated and amendments thereto;
(22) naturopathic doctors practicing their profession when registered and
practicing in accordance with the naturopathic doctor registration act.
(d) Any patient monitoring, assessment or other procedures designed to
evaluate the effectiveness of prescribed physical therapy must be performed by
or pursuant to the delegation of a licensed physical therapist or other health
care provider.
(e) Nothing in this act shall be construed to permit the practice of medicine
and surgery. No statute granting authority to licensees of the state board of
healing arts shall be construed to confer authority upon physical therapists to
engage in any activity not conferred by this act.
History: L. 1963, ch. 318, § 13;
L. 1973, ch. 253, § 11;
L. 1983, ch. 215, § 12;
L. 1994, ch. 134, § 2;
L. 2003, ch. 128, § 10;
L. 2004, ch. 24, § 12; July 1.
(b) A person licensed under this act as a physical
therapist shall not
treat ailments or other health conditions of human beings other than by
physical therapy unless duly licensed or registered to provide such
treatment under the laws of this state.
(c) A person certified under this act as a physical therapist assistant
shall not treat ailments or other health conditions of human beings except
under the direction of a physical therapist duly
licensed under this act.
The word "direction" as used in this subsection (c) shall mean that the
physical therapist shall see all patients initially and evaluate them
periodically except in those cases in a hospital setting when the
physical therapist is not immediately available, the physical therapist
assistant may initiate patient care after telephone contact with the
physical therapist for documented instruction. The physical therapist must
then evaluate the patient and establish a plan of treatment as soon as possible
with a minimum weekly review.
(d) Any person violating the provisions of this section shall be guilty
of a class B misdemeanor.
History: L. 1963, ch. 318, § 14; L. 1973, ch. 253, § 12; L.
1983, ch. 215, § 13; L. 1990, ch. 228, § 1;
L. 2003, ch. 128, § 11; Apr. 1, 2004.
History: L. 1963, ch. 318, § 15; L. 1983, ch. 215, § 14;
Repealed, L. 2003, ch. 128, § 30; April 1, 2004.
(b) When it appears to the board that any person is violating
any of the provisions of article 29 of chapter 65 of the Kansas Statutes
Annotated and acts amendatory of the provisions thereof or supplemental
thereto, the board may bring an action in the name of the state in a court
of competent jurisdiction for an injunction against such violation without
regard to whether proceedings have been or may be instituted before the
board or whether criminal proceedings have been or may be instituted.
(c) The board, in addition to any
other penalty prescribed under the provisions of article 29 of chapter 65 of
the Kansas Statutes Annotated and acts amendatory of the provisions thereof or
supplemental thereto, may assess a
civil fine, after proper notice and an opportunity to be heard, against a
licensee for a violation of the provisions of article 29 of chapter 65 of the
Kansas Statutes Annotated and acts amendatory of the provisions thereof or
supplemental thereto in an amount not to
exceed $5,000 for the first violation, $10,000 for the second violation and
$15,000 for the third violation and for each subsequent violation. All
fines assessed and collected under this section shall be remitted
to the state treasurer in accordance with the provisions of
K.S.A. 75-4215, and amendments thereto. Upon receipt of
each such remittance, the state
treasurer shall
deposit the entire amount in the state treasury to the
credit of the state
general fund.
History: L. 1963, ch. 318, § 16; L. 1973, ch. 253,
§ 13;
L. 2003, ch. 128, § 12; Apr. 1, 2004.
History: L. 1963, ch. 318, § 17; June 30.
History: L. 1983, ch. 215, § 15;
L. 2003, ch. 128, § 13; Apr. 1, 2004.
History: L. 1983, ch. 215, § 16;
L. 2003, ch. 128, § 14; Apr. 1, 2004.
History: L. 2003, ch. 128, § 29;
L. 2004, ch. 117, § 25; July 1.
(b) Physical therapists may evaluate and treat a patient for no more than 30
consecutive calendar days without a referral under the following conditions:
(1) The patient has previously been referred to a physical therapist for
physical therapy services by a person authorized by this section to approve
treatment; (2) the patient's referral for physical therapy was made within one
year from the date a physical therapist implements a program of physical
therapy treatment without a referral; (3) the physical therapy being provided
to the patient without referral is for the same injury, disease or condition
as indicated in the referral for such previous injury, disease or condition;
and (4) the physical therapist transmits to the physician or other practitioner
identified by the patient a copy of the initial evaluation no later than five
business days after treatment commences. Treatment for more than 30 consecutive
calendar days of such patient shall only be upon the approval of a person
authorized by this section to approve treatment.
(c) Physical therapists may provide, without a referral,
services which do not constitute treatment for a specific condition, disease or
injury to: (1) Employees solely for the purpose of education and instruction
related to workplace injury prevention; or (2) the public for the purpose of
fitness, health promotion and education.
(d) Physical therapists may provide services without a
referral to special education students who need physical therapy services to
fulfill the provisions of their individualized education plan (IEP) or
individualized family service plan (IFSP).
History: L. 2007, ch. 177, § 21; May 17.
History: L. 2007, ch. 177, § 22; May 17.