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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsOctober 2014

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24 DE Admin. Code 2600
Pursuant to 24 Del.C. §2604(a)(1), the Examining Board of Physical Therapists and Athletic Trainers ("the Board") has proposed revisions to its rules and regulations.
1.1 Consultation (24 Del.C. §2612)
1.2.3 Direct supervision in relation to a Physical Therapist Assistant with one (1) year or more experience means that the supervising Physical Therapist must see the patient at least once every sixth treatment day, and the Physical Therapist Assistant must receive on-site, face to face supervision at least once every twelfth treatment day. The initial evaluation counts as a "treatment day." When not providing direct supervision on the premises, the supervising Physical Therapist must have at least one (1) year clinical experience. The Physical Therapist and must be available and accessible by telecommunications to the Physical Therapist Assistant during all working hours of the Physical Therapist Assistant.
1.2.4 Direct supervision in relation to an Athletic Trainer treating an injury not defined as an 'athletic injury,' which must be a musculoskeletal disorder if seen for physical therapy, when the Athletic Trainer has one (1) year or more experience, means that the supervising Physical Therapist must see the patient at least once every fifth sixth treatment day, and the Athletic Trainer must receive on-site, face to face supervision at least once every tenth twelfth treatment day. The initial evaluation counts as a "treatment day." When not providing direct supervision on the premises, the supervising Physical Therapist must have at least one (1) year clinical experience. The Physical Therapist and must be available and accessible by telecommunications to the Athletic Trainer during all working hours of the Athletic Trainer.
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.
5.0 Athletic Trainers (24 Del.C. §§2602(2) and (3))
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.
7.2.24 A fee in check or money order payable to the State of Delaware.
7.2.35 A completed application form.
7.3 The Board may shall use the Physical Therapist and Physical Therapist Assistant examination endorsed 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 (NATABOC) internship.
7.5.35 A check or money order made payable to the State of Delaware.
7.5.46 The completed application form.
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.
11.1.2.2 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 If the Delaware license has been expired over five years, 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:
12.0 Unprofessional Conduct (24 Del.C. §2616(7))
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, the required hours shall include 0.2 units of Ethics and completion of a CPR course, which will count for 0.1 unit 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.
13.2.1 Continuing education units that have been previously approved during the current licensing period by another agency such as a national governing body, for example, APTA and BOC, or a fellow state licensing board shall be acceptable to the Examining Board for the State of Delaware as appropriate CEU's.
13.2.2 Any sponsors or licensees wishing to receive prior written approval of CEU courses from the Board must complete a CEU Application Form. CEU applications shall be reviewed and approved or denied by a designated Board member, and the designated Board member's decision shall be ratified by the Board. Board approval shall expire 3 years after the approval date. If the course is amended at any time during the 3 years, the sponsor or licensee shall submit a new Application Form.
13.2.5.5 approved self studies including: online courses that demonstrate time requirements and are related to physical therapy or athletic training
1.0 0.34 CEU for each 3 1 credit profession-related course per semester
0.8 0.27 CEU for each 3 1 credit profession-related course per trimester
0.7 0.24 CEU for each 3 1 credit profession-related course per quarter
Certain techniques used in physical therapy and athletic training require advanced training to assure the licensee meets accepted standards of care.
1416.0 Voluntary Treatment Option for Chemically Dependent or Impaired Professionals
1416.1 If the report is received by the chairperson of the regulatory Board, that chairperson shall immediately notify the Director of Professional Regulation or his/her designate of the report. If the Director of Professional Regulation receives the report, he/she shall immediately notify the chairperson of the regulatory Board, or that chairperson's designate or designates.
1416.2 The chairperson of the regulatory Board or that chairperson's designate or designates shall, within 7 days of receipt of the report, contact the individual in question and inform him/her in writing of the report, provide the individual written information describing the Voluntary Treatment Option, and give him/her the opportunity to enter the Voluntary Treatment Option.
1416.3 In order for the individual to participate in the Voluntary Treatment Option, he/she shall agree to submit to a voluntary drug and alcohol screening and evaluation at a specified laboratory or health care facility. This initial evaluation and screen shall take place within 30 days following notification to the professional by the participating Board chairperson or that chairperson's designate(s).
1416.4 A regulated professional with chemical dependency or impairment due to addiction to drugs or alcohol may enter into the Voluntary Treatment Option and continue to practice, subject to any limitations on practice the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional, deem necessary, only if such action will not endanger the public health, welfare or safety, and the regulated professional enters into an agreement with the Director of Professional Regulation or his/her designate and the chairperson of the participating Board or that chairperson's designate for a treatment plan and progresses satisfactorily in such treatment program and complies with all terms of that agreement. Treatment programs may be operated by professional Committees and Associations or other similar professional groups with the approval of the Director of Professional Regulation and the chairperson of the participating Board.
1416.5 Failure to cooperate fully with the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate in regard to the Voluntary Treatment Option or to comply with their requests for evaluations and screens may disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board chairperson or that chairperson's designate or designates shall cause to be activated an immediate investigation and institution of disciplinary proceedings, if appropriate, as outlined in Rule 14.8.
1416.6 The Voluntary Treatment Option may require a regulated professional to enter into an agreement which includes, but is not limited to, the following provisions:
1416.6.1 Entry of the regulated professional into a treatment program approved by the participating Board. Board approval shall not require that the regulated professional be identified to the Board. Treatment and evaluation functions must be performed by separate agencies to assure an unbiased assessment of the regulated professional's progress.
1416.6.2 Consent to the treating professional of the approved treatment program to report on the progress of the regulated professional to the chairperson of the participating Board or to that chairperson's designate or designates or to the Director of the Division of Professional Regulation or his/her designate at such intervals as required by the chairperson of the participating Board or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate, and such person making such report will not be liable when such reports are made in good faith and without malice.
1416.6.3 Consent of the regulated professional, in accordance with applicable law, to the release of any treatment information from anyone within the approved treatment program.
1416.6.4 Agreement by the regulated professional to be personally responsible for all costs and charges associated with the Voluntary Treatment Option and treatment program(s). In addition, the Division of Professional Regulation may assess a fee to be paid by the regulated professional to cover administrative costs associated with the Voluntary Treatment Option. The amount of the fee imposed under this subparagraph shall approximate and reasonably reflect the costs necessary to defray the expenses of the participating Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board in addition to the administrative costs associated with the Voluntary Treatment Option.
1416.6.5 Agreement by the regulated professional that failure to satisfactorily progress in such treatment program shall be reported to the participating Board's chairperson or his/her designate or designates or to the Director of the Division of Professional Regulation or his/ her designate by the treating professional who shall be immune from any liability for such reporting made in good faith and without malice.
1416.6.6 Compliance by the regulated professional with any terms or restrictions placed on professional practice as outlined in the agreement under the Voluntary Treatment Option.
1416.7 The regulated professional's records of participation in the Voluntary Treatment Option will not reflect disciplinary action and shall not be considered public records open to public inspection. However, the participating Board may consider such records in setting a disciplinary sanction in any future matter in which the regulated professional's chemical dependency or impairment is an issue.
1416.8 The participating Board's chairperson, his/her designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional at any time during the Voluntary Treatment Option, restrict the practice of a chemically dependent or impaired professional if such action is deemed necessary to protect the public health, welfare or safety.
1416.9 If practice is restricted, the regulated professional may apply for unrestricted licensure upon completion of the program.
1416.10 Failure to enter into such agreement or to comply with the terms and make satisfactory progress in the treatment program shall disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board shall be notified and cause to be activated an immediate investigation and disciplinary proceedings as appropriate.
1416.11 Any person who reports pursuant to this Rule 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.
1416.12 Any regulated professional who complies with all of the terms and completes the Voluntary Treatment Option shall have his/her confidentiality protected unless otherwise specified in a participating Board's Rules and Regulations. In such an instance, the written agreement with the regulated professional shall include the potential for disclosure and specify those to whom such information may be disclosed.
1517.0 Crimes substantially related to the practice of physical therapy and athletic training:
1517.1 Conviction of any of the following crimes, or of the attempt to commit or of a conspiracy to commit or conceal or of solicitation to commit any of the following crimes, is deemed to be substantially related to the practice of physical therapy and athletic training in the State of Delaware without regard to the place of conviction:
1517.1.1 Offensive touching. 11 Del.C. §601.
1517.1.2 Aggravated menacing. 11 Del.C. §602 (b).
1517.1.3 Abuse of a pregnant female in the second degree. 11 Del.C. §605.
1517.1.4 Abuse of a pregnant female in the first degree. 11 Del.C. §606.
1517.1.5 Assault in the second degree. 11 Del.C. §612.
1517.1.6 Assault in the first degree. 11 Del.C. §613.
1517.1.7 Assault by abuse or neglect. 11 Del.C. §615.
1517.1.8 Unlawfully administering drugs. 11 Del.C. §625.
1517.1.9 Unlawfully administering controlled substance or counterfeit substance or narcotic drugs. 11 Del.C. §626.
1517.1.10 Criminally negligent homicide. 11 Del.C. §631.
1517.1.11 Manslaughter. 11 Del.C. §632.
1517.1.12 Murder by abuse or neglect in the second degree. 11 Del.C. §633.
1517.1.13 Murder by abuse or neglect in the first degree. 11 Del.C. §634.
1517.1.14 Murder in the second degree; class A felony. 11 Del.C. §635.
1517.1.15 Murder in the first degree. 11 Del.C. §636.
1517.1.16 Promoting suicide. 11 Del.C. §645.
1517.1.17 Abortion. 11 Del.C. §651.
1517.1.18 Issuing abortional articles. 11 Del.C. §653.
1517.1.19 Incest. 11 Del.C. §766.
1517.1.20 Unlawful sexual contact in the third degree. 11 Del.C. §767.
1517.1.21 Unlawful sexual contact in the second degree. 11 Del.C. §768.
1517.1.22 Unlawful sexual contact in the first degree. 11 Del.C. §769.
1517.1.23 Rape in the fourth degree. 11 Del.C. §770.
1517.1.24 Rape in the third degree. 11 Del.C. §771.
1517.1.25 Rape in the second degree. 11 Del.C. §772.
1517.1.26 Rape in the first degree. 11 Del.C. §773.
1517.1.27 Sexual extortion. 11 Del.C. §774.
1517.1.28 Bestiality. 11 Del.C. §775.
1517.1.29 Continuous sexual abuse of a child. 11 Del.C. §776.
1517.1.30 Dangerous crime against a child. 11 Del.C. §777.
1517.1.31 Female genital mutilation. 11 Del.C. §780.
1517.1.32 Unlawful imprisonment in the first degree. 11 Del.C. §782.
1517.1.33 Kidnapping in the second degree. 11 Del.C. §783.
1517.1.34 Kidnapping in the first degree. 11 Del.C. §783A.
1517.1.35 Arson in the first degree. 11 Del.C. §803.
1517.1.36 Burglary in the third degree. 11 Del.C. §824.
1517.1.37 Burglary in the second degree. 11 Del.C. §825.
1517.1.38 Burglary in the first degree. 11 Del.C. §826.
1517.1.39 Robbery in the second degree. 11 Del.C. §831.
1517.1.40 Robbery in the first degree. 11 Del.C. §832.
1517.1.41 Carjacking in the second degree. 11 Del.C. §835.
1517.1.42 Carjacking in the first degree. 11 Del.C. §836.
1517.1.43 Theft; felony. 11 Del.C. §841.
1517.1.44 Extortion. 11 Del.C. §846.
1517.1.45 Identity theft. 11 Del.C. §854.
1517.1.46 Forgery. 11 Del.C. §861.
1517.1.47 Falsifying business records. 11 Del.C. §871.
1517.1.48 Tampering with public records in the second degree. 11 Del.C. §873.
1517.1.49 Tampering with public records in the first degree. 11 Del.C. §876.
1517.1.50 Offering a false instrument for filing. 11 Del.C. §877.
1517.1.51 Issuing a false certificate. 11 Del.C. §878.
1517.1.52 Reencoder and scanning devices. 11 Del.C. §903A.
1517.1.53 Criminal impersonation of a police officer. 11 Del.C. §907B.
1517.1.54 Insurance fraud. 11 Del.C. §913.
1517.1.55 Health care fraud. 11 Del.C. §913A.
1517.1.56 Dealing in children. 11 Del.C. §1100.
1517.1.57 Sexual exploitation of a child. 11 Del.C. §1108.
1517.1.58 Unlawfully dealing in child pornography. 11 Del.C. §1109.
1517.1.59 Possession of child pornography. 11 Del.C. §1111.
1517.1.60 Sexual solicitation of a child. 11 Del.C. §1112A.
1517.1.61 Bribery. 11 Del.C. §1201.
1517.1.62 Receiving a bribe; felony. 11 Del.C. §1203.
1517.1.63 Perjury in the second degree. 11 Del.C. §1222.
1517.1.64 Perjury in the first degree. 11 Del.C. §1223.
1517.1.65 Escape after conviction. 11 Del.C. §1253.
1517.1.66 Assault in a detention facility. 11 Del.C. §1254.
1517.1.67 Promoting prison contraband; felony. 11 Del.C. §1256.
1517.1.68 Bribing a witness. 11 Del.C. §1261.
1517.1.69 Bribe receiving by a witness. 11 Del.C. §1262.
1517.1.70 Tampering with a witness. 11 Del.C. §1263.
1517.1.71 Interfering with child witness; class F. 11 Del.C. §1263A.
1517.1.72 Bribing a juror. 11 Del.C. §1264.
1517.1.73 Bribe receiving by a juror. 11 Del.C. §1265.
1517.1.74 Tampering with physical evidence. 11 Del.C. §1269.
1517.1.75 Riot. 11 Del.C. §1302.
1517.1.76 Hate crimes; felony. 11 Del.C. §1304.
1517.1.77 Aggravated harassment. 11 Del.C. §1312.
1517.1.78 Stalking; felony. 11 Del.C. §1312A.
1517.1.79 Abusing a corpse. 11 Del.C. §1332.
1517.1.80 Violation of privacy; felony. 11 Del.C. §1335.
1517.1.81 Bombs, incendiary devices, Molotov cocktails and explosive devices. 11 Del.C. §1338.
1517.1.82 Adulteration. 11 Del.C. §1339.
1517.1.83 Promoting prostitution in the second degree. 11 Del.C. §1352.
1517.1.84 Promoting prostitution in the first degree. 11 Del.C. §1353.
1517.1.85 Obscenity. 11 Del.C. §1361.
1517.1.86 Carrying a concealed deadly weapon; Class E (if previous conviction within 5 years). 11 Del.C. §1442.
1517.1.87 Possessing a destructive weapon. 11 Del.C. §1444.
1517.1.88 Unlawfully dealing with a dangerous weapon; felony. 11 Del.C. §1445.
1517.1.89 Possession of a deadly weapon during commission of a felony. 11 Del.C. §1447.
1517.1.90 Possession of a firearm during commission of a felony. 11 Del.C. §1447A.
1517.1.91 Possession and purchase of deadly weapons by persons prohibited. 11 Del.C. §1448.
1517.1.92 Engaging in a firearms transaction on behalf of another. 11 Del.C. §1455.
1517.1.93 Organized Crime and Racketeering. 11 Del.C. §1504.
1517.1.94 Victim or Witness Intimidation. 11 Del.C. §§3532 & 3533.
1517.1.95 Abuse, neglect, mistreatment or financial exploitation of residents or patients; felony or under subsection (c). 16 Del.C. §1136(a), (b) and (c).
1517.1.96 Prohibited acts A under the Uniform Controlled Substances Act. 16 Del.C. §4751(a), (b) and (c).
1517.1.97 Prohibited acts B under the Uniform Controlled Substances Act. 16 Del.C. §4752(a) and (b).
1517.1.98 Trafficking in marijuana, cocaine, illegal drugs, methamphetamines, Lysergic Acid Diethylamide (L.S.D.), designer drugs, or 3,4-methylenedioxymethamphetamine (MDMA). 16 Del.C. §4753A (a)(1)-(9).
1517.1.99 Prohibited acts E under the Uniform Controlled Substances Act. 16 Del.C. §4755.(a)(1) and (2).
1517.1.100 Prohibited acts under the Uniform Controlled Substances Act. 16 Del.C. §4756(a)(1)-(5) and (b).
1517.1.101 Distribution to persons under 21 years of age. 16 Del.C. §4761.
1517.1.102 Purchase of drugs from minors. 16 Del.C. §4761A.
1517.1.103 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).
1517.1.104 Failure to collect or pay over tax. 30 Del.C. §572.
1517.1.105 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).
1317.1.106 Duty of driver involved in accident resulting in injury or death to any person; felony. 21 Del.C. §4202.
1517.1.107 Prohibition of Intimidation under the Fair Housing Act; felony. 6 Del.C. §2581.
1517.1.108 Interception of Communications Generally; Divulging Contents of Communications; felony. 11 Del.C. §2402.
1517.1.109 Breaking and Entering, Etc. to Place or Remove Equipment. 11 Del.C. §2410.
1517.1.110 Aggravated Act of Intimidation. 11 Del.C. §3533.
1517.1.111 Attempt to Intimidate. 11 Del.C. §3534.
1517.1.112 Providing false information when seeking employment in a public school. 11 Del.C. §8572.
1517.1.113 Abuse, neglect, exploitation or mistreatment of infirm adult; felony. 31 Del.C. §3913(a), (b) and (c).
1517.2 Crimes substantially related to the practice of physical therapy and athletic training shall be deemed to include any crimes under any federal law, state law, or valid town, city or county ordinance, that are substantially similar to the crimes identified in this Rule.
Last Updated: December 31 1969 19:00:00.
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