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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMay 2017

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24 DE Admin. Code 2600
After due notice in the Delaware Register of Regulations and two Delaware newspapers, a public hearing was held on January 24, 2017 at a scheduled meeting of the Delaware Examining Board of Physical Therapists and Athletic Trainers ("Board") to receive comments regarding the Board's proposed revisions to its rules and regulations.
The proposed changes to the rules and regulations were published in the Register of Regulations, Volume 20, Issue 7, on January 1, 2017. Notice of the January 24, 2017 hearing was published in the News Journal (Exhibit 1) and the Delaware State News. Exhibit 2. Pursuant to 29 Del.C. §10118(a), the date to receive final written comments was February 8, 2017, 15 days following the public hearing. The Board deliberated on the proposed revisions at its regularly scheduled meeting on March 15, 2017.
Board Exhibit 1: News Journal Affidavit of Publication.
Board Exhibit 2: Delaware State News Affidavit of Publication.
Pursuant to 24 Del.C. §2604(a)(1), the Board has the statutory authority to promulgate rules and regulations.
IT IS SO ORDERED this 28th day of March 2017 by the Delaware Examining Board of Physical Therapists and Athletic Trainers.
1.1 Consultation (24 Del.C. §2612)
1.3 Support personnel (24 Del.C. §2615) means a person(s) who performs certain routine, designated physical therapy tasks, or athletic training tasks, under the direct supervision of a licensed Physical Therapist or Physical Therapist Assistant or Athletic Trainer. There shall be documented evidence of sufficient in-service training to assure safe performance of the duties assigned to the support personnel.
The Physical Therapist Assistant may treat patients only under the direction of a Physical Therapist as defined in Rules subsections 1.2.2 and 1.2.3. The Physical Therapist Assistant may perform physical therapy procedures and related tasks that have been selected and delegated by the supervising Physical Therapist. The Physical Therapist Assistant may administer treatment with therapeutic exercise, massage, mechanical devices, and therapeutic agents that use the properties of air, water, electricity, sound or light. The Physical Therapist Assistant may make minor modifications to treatment plans within the predetermined plan of care, assist the Physical Therapist with evaluations, and document treatment progress. The ability of the Physical Therapist Assistant to perform the selected and delegated tasks shall be assessed by the supervising Physical Therapist. The Physical Therapist Assistant shall not perform interpretation of referrals, physical therapy evaluation and reevaluation, major modification of the treatment plan, final discharge of the patient, or therapeutic techniques beyond the skill and knowledge of the Physical Therapist Assistant without proper supervision.
5.0 Athletic Trainers (24 Del.C. §§2602(2) and (3))
5.2.1 Athletic Trainers may treat musculoskeletal injuries as part of a physical therapy plan of care only under the direction and supervision of a Physical Therapist as defined in Rules subsections 1.2.5 and 1.2.7. The Athletic Trainer may perform physical therapy and athletic training procedures and related tasks that have been selected and delegated by the supervising Physical Therapist. The Athletic Trainer may administer treatment with therapeutic exercises and modalities such as heat, cold, light air water, sound, electricity, massage and non-thrust mobilization. The Athletic Trainer may document treatment progress. The ability of the Athletic Trainer to perform selected and delegated tasks shall be assessed by the supervising Physical Therapist. The Athletic Trainer shall not perform interpretation of referrals, physical therapy evaluation and reevaluation, modification of the treatment plan, final discharge of the patient, or therapeutic techniques beyond the skill and knowledge of the athletic trainer without proper supervision. The supervising Physical Therapist must be contacted for approval to make any modification of the treatment plan within the physical therapy plan of care.
6.0 Support Personnel (24 Del.C. §2615)
7.1 Applications, the Rules and Regulations, and the Practice Act (24 Del.C. Ch. 26) are available on the Division of Professional Regulation's website.
7.4 All applicants for licensure as a Physical Therapist or Physical Therapist Assistant must successfully pass the examination described in Rule subsection 7.3 in order to become eligible for licensure. The Board will adopt the criterion-referenced passing point recommended by the Federation of State Boards of Physical Therapy.
7.5.1 Professional Qualifications - proof of graduation (official transcript) from an educational program described in 24 Del.C. §2606(a)(1), whether an accredited program or [National Athletic Trainers Association] Board of Certification ([NATA]BOC) internship.
8.2.1 The Physical Therapist or Physical Therapist Assistant applicant has passed the examination administered by the American Physical Therapy Association or the Federation of State Boards of Physical Therapy, if such existed at the time of examination, in the state, territory, or the District of Columbia in which he/she was originally licensed/registered. The passing score shall be 1.5 standard deviation below the national norm for those Physical Therapists and Physical Therapist Assistants having taken the examination prior to 1990.
8.2.3 For the Athletic Trainer candidate, the passing score shall be that which was established at time of examination. All sections of the examination shall be passed. The reciprocity applicant shall have their [National Athletic Trainer Association Board of Certification (NATABOC) BOC] [verification of certification] forwarded directly to the Board office.
9.1.1 [The applicant shall submit proof satisfactory to the Board of graduation from an education program appropriate to their profession. in a foreign country. Each foreign applicant must demonstrate that they have met the minimum education requirements as presented by the Federation of State Boards in the Course Work Evaluation Tool for Persons Who Received Their Physical Therapy Education Outside the United States. Foreign educated individuals must undergo an educational credentials assessment for substantial equivalency to the current first professional degree in the United States. The applicant shall arrange and pay for a credential evaluation of such foreign school's program to be completed by an agency approved by the Board. To determine substantial equivalency, the approved credentialing evaluation agency shall use the appropriate Coursework Evaluation Tool as adopted by the FSBPT. The applicant shall submit proof satisfactory to the Board of graduation from an education program appropriate to their profession in a foreign country. Each foreign applicant must demonstrate that they have met the minimum education requirements as presented by the Federation of State Boards in the Course Work Evaluation Tool for Persons Who Received Their Physical Therapy Education Outside the United States. The applicant shall arrange and pay for a credential evaluation of such foreign school's program to be completed by an agency approved by the Board.]
10.1 The Board may issue a temporary license to all applicants who have submitted to the Board the documents listed in Rule subsection 7.2 and Rule subsection 7.5, respectively, and who have been determined to be eligible to take the examination. The Board shall accept a letter signed by the Physical Therapist or Physical Therapist Assistant applicant's school official stating that the applicant has completed all requirements for graduation; provided, however, that the applicant shall submit to the Board an official transcript as soon as it becomes available. The Board will determine the Physical Therapist or Physical Therapist Assistant applicant's eligibility to take the examination. In the case of Athletic Trainer applicants for temporary license, a letter from [NATA BOC] stating the applicant's eligibility to take the [NATA BOC] examination will be required. Physical Therapist and Physical Therapist Assistant applicants may practice only under the direct supervision of a licensed Physical Therapist. Athletic Trainer applicants may practice only under the direct supervision of a licensed Athletic Trainer or Physical Therapist as that supervision is defined in Rule subsection 1.2.1. A temporary license shall expire upon notice to the applicant of his/her failure to pass the license examination and may not be renewed. In all other cases, a temporary license may be renewed only once.
10.3 Applicants engaged in a special project, teaching assignment, or medical emergency as described in 24 Del.C. §2611(b) must submit letters of good standing from all jurisdictions in which the applicant is or has ever been licensed.
11.1 Reactivation: Any person who has been registered in the State and is not actively engaged in the practice of physical therapy or athletic training in the State may, upon request, be placed on the inactive register for the remainder of the biennial licensure period. Subsequent requests for extensions of inactive status should be submitted biennially. The Board may reactivate an inactive license if the Physical Therapist, Physical Therapist Assistant or Athletic Trainer:
11.1.25 has Has been actively engaged in the practice for the past five years. If the licensee has not met this condition, the following requirements shall be completed:
11.1.26.1 The Physical Therapist or Physical Therapist Assistant working in a clinical setting shall work under the direct supervision of a Physical Therapist in Delaware for a minimum of six months. Prior to commencement of this period of supervision, the supervisor shall submit the applicable form to the Board.
11.1.26.2 The Athletic Trainer shall work under the direct supervision of an Athletic Trainer in Delaware for a minimum of six months. Prior to commencement of this period of supervision, the supervisor shall submit the applicable form to the Board.
11.1.26.3 At the end of the period, the supervising Physical Therapist/Athletic Trainer shall certify to the applicant's clinical competence on forms supplied by the Board;
11.2 Reinstatement: Provided reinstatement is requested within 5 years of the expiration date, the Board may reinstate the license of a Physical Therapist, Physical Therapist Assistant, or Athletic Trainer who allowed their license to lapse without requesting placement on the inactive register if the Physical Therapist, Physical Therapist Assistant, or Athletic Trainer:
11.2.1 completes Completes a form supplied by the Board
11.2.2 provides proof of completion of 3.0 CEU's during the previous 24 months Shows proof of completion of 1.5 CEU's during the previous 12 months.
11.3 11.2.6 If the Delaware license has been expired over five years, in addition to the requirements in subsections 11.2.1, 11.2.3 - 11.2.5, the Physical Therapist/Physical Therapist Assistant/Athletic Trainer must file a new application and provide proof of completion of 3.0 CEU's. In addition:
11.3.1 11.2.6.1 The Physical Therapist or Physical Therapist Assistant working in a clinical setting shall work under the direct supervision of a Physical Therapist in Delaware for a minimum of six months. Prior to commencement of this period of supervision, the supervisor shall submit the applicable form to the Board.
11.3.2 11.2.6.2 The Athletic Trainer shall work under the direct supervision of an Athletic Trainer in Delaware for a minimum of six months. Prior to commencement of this period of supervision, the supervisor shall submit the applicable form to the Board.
11.3.3 11.2.6.3 At the end of the period, the supervising Physical Therapist/Athletic Trainer shall certify to the applicant's clinical competence on forms supplied by the Board;
11.3.4 11.2.7 Rule 11.3 Subsection 11.2.6 does not apply to an individual licensed in another state.
12.0 Unprofessional Conduct (24 Del.C. §2616(7))
12.23 Any licensee who has knowledge that another licensee has violated the Code of Professional Conduct set forth in Rule Section 12.0, or any other Board law, Rule or Regulation, shall present that information by complaint to the Division of Professional Regulation for investigation.
13.1 Three CEU's are required for every biennial license renewal for Physical Therapists, Physical Therapist Assistants, and Athletic Trainers. The required CEU's shall be completed no later than January 31 of every odd-numbered year and every 2 years after such date. Effective as of the license renewal period beginning February 1, 2013, tThe required hours shall include 0.2 units of Ethics and proof of current CPR certification by the American Red Cross, American Heart Association, National Safety Council or other agency approved by the Board and posted on the Division of Professional Regulation's website. Proof of current CPR certification will count for 0.1 CEU.
14.2 The Physical Therapist, Athletic Trainer or Physical Therapist Assistant (referred to as "licensee" for the purpose of this Board Rule regulation) who provides treatment through telehealth shall meet the following requirements:
14.2.4.5 Subject to the supervision requirements of Board Rule subsection 1.2, every other supervisory visit may be performed via telehealth with the other alternating visit performed face to face.
15.3 Physical therapy and athletic training care provided outside the clinical setting to athletic injuries: The licensee must be certified as a Sports Physical Therapy Specialist by the APTA or certified as an Athletic Trainer by the NATA and must have current CPR certification. Proof of such certification(s) shall be provided by the licensee to the Board or a member of the public on demand. Physical therapy or athletic training care provided outside the clinical setting, at an athletic venue, to athletic injuries.
15.3.1.1 "Approved supervisor" shall mean a licensed physical therapist with Sports Physical Therapy Specialist ("SCS") certification by the American [Physical Therapy Association ("APTA") Board of Physical Therapy Specialties (“ABPTS”)], a licensed athletic trainer, or a board certified sports medicine physician.
15.3.1.2 "Collision sports" shall mean [sports such as] football, soccer, wrestling, ice hockey, men's lacrosse [and or] rugby.
15.3.1.3 "Direct supervision" shall mean that the approved supervisor is physically present and has the ability to intervene in all care or coverage.
15.3.1.4 "Indirect supervision" shall mean that the approved supervisor is available by telecommunication.
15.3.1.5 "On-the-field care" shall mean physical therapy or athletic training care provided outside the clinical setting, at an athletic venue, to athletic injuries.
15.3.2.1 Certification. The licensee has received certification as an SCS by the [APTA ABPTS] or has received certification as an Athletic Trainer by the Board of Certification for the Athletic Trainer; or
16.11 Any person who reports pursuant to this Rule Section in good faith and without malice shall be immune from any civil, criminal or disciplinary liability arising from such reports, and shall have his/her confidentiality protected if the matter is handled in a nondisciplinary matter.
17.1.21 Aggravated menacing. 11 Del.C. §602 (b).
17.1.32 Abuse of a pregnant female in the second degree. 11 Del.C. §605.
17.1.43 Abuse of a pregnant female in the first degree. 11 Del.C. §606.
17.1.54 Assault in the second degree. 11 Del.C. §612.
17.1.65 Assault in the first degree. 11 Del.C. §613.
17.1.76 Assault by abuse or neglect. 11 Del.C. §6151103B.
17.1.87 Unlawfully administering drugs. 11 Del.C. §625.
17.1.98 Unlawfully administering controlled substance or counterfeit substance or narcotic drugs. 11 Del.C. §626.
17.1.109 Criminally negligent homicide. 11 Del.C. §631.
17.1.110 Manslaughter. 11 Del.C. §632.
17.1.121 Murder by abuse or neglect in the second degree. 11 Del.C. §633.
17.1.132 Murder by abuse or neglect in the first degree. 11 Del.C. §634.
17.1.143 Murder in the second degree; class A felony. 11 Del.C. §635.
17.1.154 Murder in the first degree. 11 Del.C. §636.
17.1.165 Promoting suicide. 11 Del.C. §645.
17.1.176 Abortion. 11 Del.C. §651.
17.1.197 Incest. 11 Del.C. §766.
17.1.218 Unlawful sexual contact in the second degree. 11 Del.C. §768.
17.1.2219 Unlawful sexual contact in the first degree. 11 Del.C. §769.
17.1.230 Rape in the fourth degree. 11 Del.C. §770.
17.1.241 Rape in the third degree. 11 Del.C. §771.
17.1.252 Rape in the second degree. 11 Del.C. §772.
17.1.263 Rape in the first degree. 11 Del.C. §773.
17.1.274 Sexual extortion. 11 Del.C. §774.
17.1.28 Bestiality. 11 Del.C. §775.
17.1.295 Continuous sexual abuse of a child. 11 Del.C. §776.
17.1.3026 Dangerous crime against a child. 11 Del.C. §777.
17.1.310 Female genital mutilation. 11 Del.C. §780.
17.1.321 Unlawful imprisonment in the first degree. 11 Del.C. §782.
17.1.332 Kidnapping in the second degree. 11 Del.C. §783.
17.1.343 Kidnapping in the first degree. 11 Del.C. §783A.
17.1.354 Arson in the first degree. 11 Del.C. §803.
17.1.375 Burglary in the second degree. 11 Del.C. §825.
17.1.386 Burglary in the first degree. 11 Del.C. §826.
17.1.397 Robbery in the second degree. 11 Del.C. §831.
17.1.4038 Robbery in the first degree. 11 Del.C. §832.
17.1.4139 Carjacking in the second degree. 11 Del.C. §835.
17.1.420 Carjacking in the first degree. 11 Del.C. §836.
17.1.431 Theft; felony. 11 Del.C. §841.
17.1.442 Extortion. 11 Del.C. §846.
17.1.453 Identity theft. 11 Del.C. §854.
17.1.464 Forgery. 11 Del.C. §861.
17.1.475 Falsifying business records. 11 Del.C. §871.
17.1.496 Tampering with public records in the first degree. 11 Del.C. §876.
17.1.5147 Issuing a false certificate. 11 Del.C. §878.
17.1.5248 Reencoder and scanning devices. 11 Del.C. §903A.
17.1.5349 Criminal impersonation of a police officer. 11 Del.C. §907B.
17.1.540 Insurance fraud. 11 Del.C. §913.
17.1.551 Health care fraud. 11 Del.C. §913A.
17.1.562 Dealing in children. 11 Del.C. §11001100A.
17.1.575 Sexual exploitation of a child. 11 Del.C. §1108.
17.1.586 Unlawfully dealing in child pornography. 11 Del.C. §1109.
17.1.597 Possession of child pornography. 11 Del.C. §1111.
17.1.6058 Sexual solicitation of a child. 11 Del.C. §1112A.
17.1.610 Bribery. 11 Del.C. §1201.
17.1.621 Receiving a bribe; felony. 11 Del.C. §1203.
17.1.632 Perjury in the second degree. 11 Del.C. §1222.
17.1.643 Perjury in the first degree. 11 Del.C. §1223.
17.1.684 Bribing a witness. 11 Del.C. §1261.
17.1.695 Bribe receiving by a witness. 11 Del.C. §1262.
17.1.7066 Tampering with a witness. 11 Del.C. §1263.
17.1.7167 Interfering with child witness; class F. 11 Del.C. §1263A.
17.1.7268 Bribing a juror. 11 Del.C. §1264.
17.1.7369 Bribe receiving by a juror. 11 Del.C. §1265.
17.1.740 Tampering with physical evidence. 11 Del.C. §1269.
17.1.751 Riot. 11 Del.C. §1302.
17.1.762 Hate crimes; felony. 11 Del.C. §1304.
17.1.783 Stalking; felony. 11 Del.C. §1312A1312.
17.1.8074 Violation of privacy; felony. 11 Del.C. §1335.
17.1.8175 Bombs, incendiary devices, Molotov cocktails and explosive devices. 11 Del.C. §1338.
17.1.8276 Adulteration. 11 Del.C. §1339.
17.1.8377 Promoting prostitution in the second degree. 11 Del.C. §1352.
17.1.8478 Promoting prostitution in the first degree. 11 Del.C. §1353.
17.1.85 Obscenity. 11 Del.C. §1361.
17.1.8679 Carrying a concealed deadly weapon; Class E (if previous conviction within 5 years). 11 Del.C. §1442.
17.1.8780 Possessing a destructive weapon. 11 Del.C. §1444.
17.1.8881 Unlawfully dealing with a dangerous weapon; felony. 11 Del.C. §1445.
17.1.8982 Possession of a deadly weapon during commission of a felony. 11 Del.C. §1447.
17.1.9083 Possession of a firearm during commission of a felony. 11 Del.C. §1447A.
17.1.9184 Possession and purchase of deadly weapons by persons prohibited. 11 Del.C. §1448.
17.1.9285 Engaging in a firearms transaction on behalf of another. 11 Del.C. §1455.
17.1.9386 Organized Crime and Racketeering. 11 Del.C. §1504.
17.1.9487 Victim or Witness Intimidation. 11 Del.C. §§3532 & 3533.
17.1.9588 Abuse, neglect, mistreatment or financial exploitation of residents or patients; felony or under subsection (c). 16 Del.C. §1136(a), (b) and (c).
17.1.9689 Prohibited acts A under the Uniform Controlled Substances Act. Former 16 Del.C. §4751(a), (b) and (c).
17.1.9790 Prohibited acts B under the Uniform Controlled Substances Act. Former 16 Del.C. §4752(a) and (b).
17.1.9891 Trafficking in marijuana, cocaine, illegal drugs, methamphetamines, Lysergic Acid Diethylamide (L.S.D.), designer drugs, or 3,4-methylenedioxymethamphetamine (MDMA). Former 16 Del.C. §4753A (a)(1)-(9).
17.1.9992 Prohibited acts E under the Uniform Controlled Substances Act. Former 16 Del.C. §4755.(a)(1) and (2).
17.1.10093 Prohibited acts under the Uniform Controlled Substances Act. Former 16 Del.C. §4756(a)(1)-(5) and (b).
17.1.10194 Distribution to persons under 21 years of age. Former 16 Del.C. §4761.
17.1.10295 Purchase of drugs from minors. Former 16 Del.C. §4761A.
17.1.103102 Operation of a vessel or boat while under the influence of intoxicating liquor and/or drugs; felony. 23 Del.C. §2302(a) and §2305 (3) and (4).
17.1.104103 Failure to collect or pay over tax. 30 Del.C. §572.
17.1.105104 Third or more conviction for driving a vehicle while under the influence or with a prohibited alcohol or drug content; felony. 21 Del.C. §4177(a); 21 Del.C. §4177(d)(3)-(7).
17.1.106105 Duty of driver involved in accident resulting in injury or death to any person; felony. 21 Del.C. §4202.
17.1.108106 Interception of Communications Generally; Divulging Contents of Communications; felony. 11 Del.C. §2402.
17.1.109107 Breaking and Entering, Etc. to Place or Remove Equipment. 11 Del.C. §2410.
17.1.110108 Aggravated Act of Intimidation. 11 Del.C. §3533.
17.1.112109 Providing false information when seeking employment in a public school. 11 Del.C. §8572. Background Checks for Child-Serving Entities. 31 Del.C. §309.
17.1.113110 Abuse, neglect, exploitation or mistreatment of infirm adult; felony. 31 Del.C. §3913(a), (b) and (c).
Last Updated: December 31 1969 19:00:00.
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