Alabama Reference

ALABAMA JURISPRUDENCE ASSESSMENT MODULE REFERENCE

ALABAMA ADMINISTRATIVE CODE

CHAPTER 700-X-1

ORGANIZATION, ADMINISTRATION AND PROCEDURE

The Alabama Board of Physical Therapy was created to ensure that the public is protected from the incompetent practice of physical therapy. This purpose is achieved through the establishment of minimum qualifications for entry into the profession, through the adoption of rules defining and delineating unlawful conduct, and through swift and effective discipline for those practitioners who violate the applicable laws or rules promulgated thereunder. The Board may, at its discretion, conduct scheduled or unscheduled inspections of facilities in which physical therapists practice to determine compliance with applicable statute/regulation.

Statutory Authority: Code of Ala. 1975, 34-24-193.

History: Filed September 30, 1982. Amended: Filed December 5, 1995; effective January 9, 1996. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017.

700-X-1-.02 Composition and Selection of Board

The Board of Physical Therapy shall consist of seven members who meet the qualifications set out in Code of Ala. 1975, 34-24-192(b), appointed by the Governor from a list of five persons nominated for each place on such Board by the current licensees and certified to him by the Board. For the purpose of preparing the list of five names, the Board shall conduct an annual meeting at which all physical therapists and physical therapist assistants holding a current license as identified under the provisions of this act shall have the right to attend, nominate, and vote. Nominations may be made from the floor, or mailed to the Board to be received no later than two weeks prior to the nominations/election meeting. Late nominations will not be accepted. Written, signed consent of each nominee is required. The Board will select the date, time, and place of the meeting at which nominations and voting will be accomplished. All licensees will be notified electronically at least 30 days prior to said meeting.
In the event of a vacancy prior to the next meeting, the Governor will fill such vacancy from the remaining names on the list. Board members shall be appointed for staggered terms of five years each, so that at least one member's term expires each year. No person shall be appointed for more than two consecutive terms. Four members shall be physical therapists, two members shall be physical therapist assistants, and one member shall be a consumer.
The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.

Statutory Authority: Code of Ala. 1975, 34-24-192, 34-24-193.

History: Filed September 30, 1982. Amended: Filed September 6, 1985; November 29, 1989. Amended: Filed May 6, 2002; effective June 10, 2002. Amended: Filed March 22, 2010; effective April 26, 2010. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017.

700-X-1-.03 General Description of Organization and Operation

The Board is an independent agency of the State of Alabama. All costs of operating the Board, including administrative, secretarial, clerical, and investigative, are paid from legislative appropriation of fees collected by the Board. The attorney general and his assistants provide legal services to the Board.

Statutory Authority: Code of Ala. 1975, 34-24-193, 34-24-195.

History: Filed September 30, 1982. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017.

700-X-1-.04 Officers

Election.
1. The Board shall elect a chair, a secretary, and a treasurer, annually at the first meeting held after October the 1st.
Compensation and Expenses. Board members shall be compensated on a per diem basis for days actually spent in performance of their duties in an amount that shall be fixed from time to time by resolution of the Board. Additionally, members of the Board shall be reimbursed according to the state travel policy for their other expenses.

Statutory Authority: Code of Ala. 1975, 34-24-192, 34-24-193.

History: Filed September 30, 1982. Amended: Filed September 6, 1985. Amended: Filed May 6, 2002; effective June 10, 2002. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017.

700-X-1-.05 Executive Director

The Board shall employ an Executive Director who shall be responsible for the administration of Board policy. The Executive Director is designated as agent for the Board for service of legal process upon the Board. All correspondence to the Board, including requests for information and all submissions and other requests, should be made to the Executive Director at the Board's headquarters as follows:

Executive Director
Alabama Board of Physical Therapy
100 North Union Street, Suite 724
Montgomery, Alabama 36130-5040

Statutory Authority: Code of Ala. 1975, 34-24-193.

History: Filed September 30, 1982. Amended: Filed May 6, 1996; effective June 10, 1996. Amended: Filed March 5, 1999; effective April 9, 1999. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017; Amended: ADD INFO HERE.

700-X-1-.06 Meetings

Meetings may be called by the chair or by a quorum of the Board.
Each member of the Board shall be given at least seven days’ notice of the time, place, and purpose of any regular or special meeting by the chair or the executive director, unless such notice is waived by the individual member or unless such member is present at the called meeting.
The Board shall conduct an annual meeting at which all physical therapists and physical therapist assistants who are licensed in Alabama shall have the right to attend, nominate, and vote on persons for positions on the board. Special meetings may be called as necessary.

Statutory Authority: Code of Ala. 1975, 34-24-193.

History: Filed September 30, 1982. Amended: Filed November 29, 1989. Amended: Filed May 6, 2002; effective June 10, 2002. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017.

700-X-1-.07 Voting

All members of the Board, including the chair, are entitled to vote and to make or second motions. A majority of those members of the Board present and voting on any matter shall decide that matter before the Board. The chairman shall vote as a member of the Board and his/her vote shall count no more than the vote of any other member.

Statutory Authority: Code of Ala. 1975, 34-24-193.

History: Filed September 30, 1982. Amended: Filed May 6, 2002; effective June 10, 2002. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017.

700-X-1-.08 Use of Forms

All applications and requests for which the Board has prescribed a form must be made on the prescribed form. Copies of instructions and forms are available from the executive director.

Statutory Authority: Code of Ala. 1975, 34-24-193.

History: Filed September 30, 1982. Amended: Filed March 5, 1999; effective April 9, 1999. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017.

700-X-1-.09 Records

Public records may be requested in writing using the Board's public records request form. Questions may be directed to the Executive Director. The public request form will be made available on the Board's website. A fee shall be assessed for costs incurred for searching and producing records as described in rule 700-X-1-.10. Records requested will be categorized as either Standard records or Time-intensive records. The Board shall acknowledge all requests within two (2) business days of receipt. The Board will provide records, provided that the request has been submitted on the Board approved form and all fees are paid in full. The Board reserves the right to review and/or deny any records request that compromises legally protected information or to which the release of said records would be detrimental to the public. Standard Records - are designated as public records that are easily made available to the public with little or no preparation time and with limited redaction needed to withhold legally protected information. These requests should be processed within fifteen (15) days of receipt. If the Board is unable to process the request within fifteen (15) days, the requestor will be notified by the Board within fifteen days. Time-Intensive Records - are designated as records that would involved more than eight (8) hours of preparation with need for review and redaction with regards to legally protected information. These requests should be processed within forty-five (45) days of receipt. If the Board is unable to process the request within forty-five (45) days, the requestor will be notified by the Board within forty-five (45) days.

Statutory Authority: Code of Ala. 1975, 34-24-193.

History: Filed September 30, 1982. Amended: Filed November 29, 1989. Amended: Filed March 5, 1999; effective April 9, 1999. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017. Amended: Published September 29, 2023; effective November 13, 2023.

700-X-1-.10 Fees for Public Records Request from the Alabama Board of Physical Therapy

Document retrieval and preparation charges are $20.00 per hour or any portion thereof. Copying of records will cost a fee not to exceed $0.50 per page. Notwithstanding the foregoing, the Board will charge the requestor any actual costs incurred while processing or responding to a public records request. Costs for a flash drive or other hardware necessary for electronically producing records, for special paper sizes, and for costs associated with searching electronic databases and all other costs will be charged to the requestor. The Board will notify the request of these actual costs prior to charging the requestor.

Statutory Authority: Code of Ala. 1975, 34-24-193.

History: Filed September 30, 1982. Amended: Filed November 29, 1989. Amended: Filed March 5, 1999; effective April 9, 1999. Amended: Filed September 20, 2012; effective October 25, 2012; operative November 2, 2012. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017. Amended: Published September 29, 2023; effective November 13, 2023.

700-X-1-.11 Directory

The Board shall make available a directory listing all persons licensed and privileged to practice in Alabama as physical therapists or physical therapist assistants. Copies of the directory shall be made available from the executive director upon request and payment of the cost of copying, handling and postage, the costs of which will be the same as set forth in rule 700-X-2-.14.

Statutory Authority: Code of Ala. 1975, 34-24-193, 34-24-220.

History: New Rule: Published XX XX, 2024; effective XX XX, 2024.

CHAPTER 700-X-2

LICENSURE

700-X-2-.01 Appropriate Education Required

United States Educated Applicants. Each applicant for licensure as a physical therapist or physical therapist assistant must have completed a program of physical therapy education appropriate for preparation as a physical therapist or physical therapist assistant, respectively, which is approved by the American Physical Therapy Association’s Commission on Accreditation in Physical Therapy Education (CAPTE).
Occupational licenses based on military education, training, or service. A member of the Armed Forces or reserves of the United States, the National Guard of any state, the military reserves of any state, or the naval militia of any state (hereinafter referred to collectively as military member) may petition any accredited college or university in accordance with Board rules to accept the education, training, or service completed by military member to count toward educational credits necessary to receive any degree required for licensure by statute or rule. When an applicant has successfully presented satisfactory evidence of said education, training or service, the board will accept and recognize any degree earned by an applicant from an accredited college or university.
Non-United States Educated Applicants.
1. Statement of Policy. Foreign educated physical therapist applicants must demonstrate educational equivalency to United States educated physical therapists as measured by the Federation of State Boards of Physical Therapy (FSBPT).
2. Submission of Educational Credentials. Foreign educated physical therapist applicants shall submit their education credentials to:

FOREIGN CREDENTIALING COMMISION ON PHYSICAL THERAPY (FCCPT)
124 West St., South
3rd Floor
Alexandria, VA 22314
Fax: 703-684-8715

A copy of the evaluation by the credentials evaluating agency must be sent directly to the Board.

Statutory Authority: Code of Ala. 1975, 34-24-193(a).

History: Filed September 30, 1982; effective September 15, 1982. Amended: January 3, 1990; Filed September 4, 1992; effective October 9, 1992. Amended: September 9, 1993; effective October 14, 1993. Amended: May 6, 1996; effective June 10, 1996. Amended: Filed July 14, 1998; effective August 18, 1998. Amended: Filed November 2, 2001; effective December 7, 2001. Amended: Filed May 12, 2003; effective June 16, 2003. Amended: Filed February 9, 2004; effective March 15, 2004. Amended: Filed April 3, 2006; effective May 8, 2006. Amended: Filed December 4, 2006; effective January 8, 2007. Amended: Filed November 18, 2009; effective December 23, 2009. Amended: Filed January 20, 2012; effective February 24, 2012. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017. Repealed and New Rule: Filed December 18, 2018; effective February 1, 2019. Repealed and New Rule: Published May 29, 2020; effective July 31, 2020. Amended: Published May 28, 2021; effective July 12, 2021.

700-X-2-.02 Application Required

Application form. Each applicant for licensure shall complete an application form prescribed by the Board and supplied by the executive director.
Documentation. The documents provided in this section must be received by the executive director before an application is considered complete.
1. Applicants for Licensure.
  1. The following must be submitted by the applicant:
    1. Completed application.
    2. The required fees as prescribed by the Board.
    3. Photographic identification with proof of citizenship or residency.
  2. The following must be submitted directly to the Board by the appropriate person or entity:
    1. An official transcript of grades showing graduation or completion of the requisite physical therapy program. (Must be received prior to issuance of an annual license.)
    2. Verification of all of applicant's licenses in other states as a physical therapist or physical therapist assistant, if applicable.
    3. For the applicant who holds a license in another state for more than one year, evidence of required continuing education.
    4. Examination results. Applicants who took the examination between August 1965, and February 1991, must have passed each part of the examination, as well as the entire examination, by at least 1.5 sigma below the national mean. Applicants who took the examination between February 1991, and March 1993, must have passed the examination by at least 1.5 sigma below the national mean. Applicants who took the examination from March 1993, to the present must have passed the examination with a criterion referenced score of at least 600.
2. Foreign-educated applicants.
  1. The following must be submitted directly to the Board by the appropriate person or entity:
    1. A certified copy of the evaluation by the approved credentials evaluating agency of the applicant's education prior to application.
    2. Any other certifying documents deemed necessary by the Board to establish professional status.
    3. Photographic identification with proof of residency or citizenship.
3. Applicants for Privileges.
  1. Applicants for privileges will apply to the Physical Therapy Compact Commission.

Statutory Authority: Code of Ala. 1975, 34-24-193(a).

History: Filed September 30, 1982. Amended: Filed November 29, 1989; Filed January 3, 1990; Filed September 4, 1992; effective October 9, 1992. Amended: Filed July 14, 1998; effective August 18, 1998. Amended: Filed September 20, 2012; effective October 25, 2012; Operative November 2, 2012. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017. Repealed and New Rule: Filed December 18, 2018; effective February 1, 2019. Repealed and New Rule: Published May 29, 2020; effective July 31, 2020. Amended: Published May 28, 2021; effective July 12, 2021. Amended: Published XX XX, 2024; effective XX XX, 2024.

700-X-2-.03 Application Fee Required

A fee shall be required of all applicants for licensure and applicants for privileges. The fee for licensure shall be tendered in an appropriate method approved by the board. The application fee for privileges shall be tendered to the Physical Therapy Compact Commission. The application fee for spouses of active United States military personnel shall be waived upon receipt of appropriate documentation.

Statutory Authority: Code of Ala. 1975, 34-24-193, 34-24-211.

History: Filed September 30, 1982. Amended: Filed November 29, 1989; Filed September 4, 1992; effective October 9, 1992. Amended: Filed July 14, 1998; effective August 18, 1998. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017. Repealed and New Rule: Filed December 18, 2018; effective February 1, 2019. Repealed and New Rule: Published May 29, 2020; effective July 31, 2020. Amended: Published XX XX, 2024; effective XX XX, 2024.

700-X-2-.04 Examinations Required

Jurisprudence Examination
1. Each candidate for licensure may be required to pass a jurisprudence examination approved by the Board.
Physical Therapy Examinations.
1. Each candidate for licensure must pass licensure examination approved by the Board.
2. The cost of the examinations is in addition to the application fee provided for in Rule 700-X-2-.03 and the payment should be made directly to the examination service.
Each candidate must register with FSBPT to take the National Physical Therapy Exam (NPTE) and select Alabama as the jurisdiction for which the applicant will be testing in order to have the first score sent to this state.
Scoring of Examinations.
1. Examinations shall be scored by and maintained on file by the appropriate examination service, and a record of the applicant’s examination scores shall be kept by the Board.
2. Passing Score.
  1. Physical Therapist Applicants. Physical therapist applicants must pass the examinations with a score of at least 600.
  2. Physical Therapist Assistant Applicants. Physical therapist assistant applicants must pass the examinations with a score of at least 600.
Reexamination.
1. Any candidate who fails to pass the first licensure examination may reschedule for reexamination with the examination service. Applicant is responsible for all fees required by the examination service for reexamination.
2. Applicants’ fee for licensure with the board remains valid until the candidate exhausts all opportunities to pass examinations under the established guidelines provided by the examination service.

Statutory Authority: Code of Ala. 1975, 34-24-193, 34-24-212, 34-24-216.

History: Filed September 30, 1982. Amended: Filed November 29, 1989; effective September 15, 1982. Amended: January 3, 1990; Filed September 4, 1992; October 9, 1992. Amended: Filed July 14, 1998; effective August 18, 1998. Amended: Filed June 1, 2006; effective July 6, 2006. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017. Repealed and New Rule: Filed December 18, 2018; effective February 1, 2019. Repealed and New Rule: Published May 29, 2020; effective July 31, 2020. Amended: Published xx xx, 2024; effective xx xx, 2024.

700-X-2-.05 Licensure Without Examination

Any individual licensed prior to 1978 who applies for licensure without examination under the provisions of Code of Ala. 1975, 34-24-214, must provide the Board with a copy of the law under which he/she was licensed and, where appropriate, have the licensing authority or appropriate score reporting service provide the Board with a copy of his/her examination scores.

Statutory Authority: Code of Ala. 1975, 34-24-193, 34-24-215

History: Filed September 30, 1982. Amended: Filed November 29, 1989. Amended: Filed July 14, 1998; effective August 18, 1998. Amended: Filed September 20, 2012; effective October 25, 2012; Operative November 2, 2012. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017. Repealed and New Rule: Filed December 18, 2018; effective February 1, 2019. Repealed and New Rule: Published May 29, 2020; effective July 31, 2020.

700-X-2-.06 Compact Privilege Applicants

Individuals purchasing a compact privilege for the State of Alabama shall pass the jurisprudence examination required of licensed physical therapists or licensed physical therapist assistants before the privilege is issued by the Physical Therapy Compact Commission.
Applicants must pay a fee to the FSBPT in order to take the jurisprudence exam.

Statutory Authority: Code of Ala. 1975, 34-24-212.

700-X-2-.07 Issuance of License

Each license shall be dated and numbered in the order of issuance and shall be signed by the chair and the executive director.

Statutory Authority: Code of Ala. 1975, 34-24-193, 34-24-213, 34-24-214, 34-24-215.

History: Filed September 30, 1982. Amended: Filed November 29, 1989. Filed July 14, 1998; effective August 18, 1998. Amended: Filed February 4, 2003; effective March 11, 2003. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017. Repealed and New Rule: Filed December 18, 2018; effective February 1, 2019. Repealed and New Rule: Published May 29, 2020; effective July 31, 2020. Amended: INSERT STUFF HERE

700-X-2-.08 Temporary Licenses

Upon application for licensure by qualified candidates under the provisions of Code of Ala. 1975, 34-24-215(b), and upon submission of documentation required by Rule 700-X-2-.02, a candidate shall be issued a temporary license to practice as a physical therapist or physical therapist assistant. The temporary license shall be valid only until the first examination is scored and the Board determines whether a license shall be issued. Physical therapists practicing under a temporary license must be under the direct, on-site supervision of a licensed physical therapist. Physical therapist assistants practicing under a temporary license must be under the direct, on-site supervision of a licensed physical therapist or a licensed physical therapist assistant, with the approval of the supervising physical therapist.
The Board shall issue a temporary license under the provisions of Code of Ala. 1975, 34-24-215(a), upon application and payment of a fee not to exceed $100.00, which fee shall be set from time to time by resolution of the Board.
Spouses of active United States military personnel who hold a valid license from another jurisdiction shall be issued a temporary license upon application. The temporary license issued to the spouse shall be valid for up to 180 days or until an annual license is issued to the spouse.

Statutory Authority: Code of Ala. 1975, 34-24-193, 34-24-214.

History: Filed September 30, 1982. Amended: Filed March 9, 1995; effective April 13, 1995. Amended: Filed December 6, 1996; efective January 10, 1997. Amended: Filed July 14, 1998; effective August 18, 1998. Amended: Filed February 4, 2003; effective March 11, 2003. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017. Repealed and New Rule: Filed December 18, 2018; effective February 1, 2019. Repealed and New Rule: Published May 29, 2020; effective July 31, 2020. Amended: INSERT STUFF HERE

700-X-2-.09 Issuance of Privileges

Privileges will be issued by the Physical Therapy Compact Commission.
The Physical Therapy Compact Commission will collect a fee set by the Commission for the privilege, as well as a fee set by the Board. The Board’s fee is listed in Admin. Reg. 700-X-2-.14.

Statutory Authority: Code of Ala. 1975, 34-24-193, 34-24-214.

History: Filed September 30, 1982. Amended: Filed March 9, 1995; effective April 13, 1995. Amended: Filed December 6, 1996; effective January 10, 1997. Amended: Filed July 14, 1998; effective August 18, 1998. Amended: Filed February 4, 2003; effective March 11, 2003. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017. Repealed and New Rule: Filed December 18, 2018; effective February 1, 2019. Repealed and New Rule: Published May 29, 2020; effective July 31, 2020. Amended: INSERT STUFF HERE

700-X-2-.10 Renewal of License

Annual Renewal Required. Each license expires on October 1 of the year following its issuance.
Renewal Fee Required. A renewal fee shall be required for annual renewal of license.
Expired Renewal Fee. Anyone wishing to renew an expired license after November 1st of the license issuance year shall pay an Expired Renewal Fee. This Fee is in addition to the restoration fee set by Administrative Regulation 700-X-2-.14. After the five-year period, a license shall only be obtained by complying with the provisions relating to the issuance of an original license.
Continuing Education Required. Continuing education activities are required to assure continued competency of licensees and thereby public protection. Successful completion of continuing education activities shall be a requirement for the renewal of licenses and for initial licensure without examination.
Effective October 1, 2014, the Board does not pre-approve continuing education providers, sponsors or individual programs. It is the licensee’s responsibility, using her/his professional judgment, to determine if the continuing education activities they complete are applicable, appropriate, and meet the requirements of the Board. All continuing education offerings, regardless of source will be accepted provided that it is directly related to the licensee’s practice of physical therapy and meets the following general guidelines.
1. General Guidelines
  1. Maintain, improve or expand skills or knowledge of the practice of physical therapy
  2. Contribute to the professional competency of the licensee by means of an organized activity with clearly described or outlined course content, dates or timelines for completion, and times of instruction or activity engagement expectations
  3. Pertain to common subjects related to the practice of physical therapy and are based upon referenced scientific evidence; practice-based evidence; case studies; clearly identified anecdotal experience; current or proposed regulation of practice; accepted professional guidelines; policy documents; or best practices
  4. Conducted by experts in the subject matter - individuals with special education, training, and experience,
  5. Include stated program goals/objectives.
  6. Identify target audience or describes prerequisite levels of experience
  7. Describe requirements for successful progression or completion when using self-directed methods of learning (i.e., self-study, online, video, audio, teleconference, etc.). Self-directed methods of instruction may utilize a post-test but cannot result in a pass/fail grade
  8. Include a certificate or other sufficient proof of completion -For a concurrent session conference that does not provide documentation of individual session(s) completed, each individual course attended must be verified by having a conference official or course instructor sign or stamp the session description in the conference program if the conference does not use an automated format that allows for individual course verification
2. Non-traditional continuing education activities shall have the following credit values:
  1. Completion of physical therapy related academic coursework – awarded fifteen (15) hours of credit per semester hour completed
  2. Participation in a physical therapy related clinical residency or fellowship program – awarded fifteen (15) hours of credit for each 1,000 hours completed
  3. Completion of a physical therapy related specialty certification or recognition of advanced proficiency – awarded three (3) hours of credit for the initial certification or recognition and one (1) hour of credit for recertification or subsequent recognition
  4. Publication in a peer-reviewed publication – awarded five (5) hours of credit for a book, three (3) hours of credit for a chapter or single author publication, or two (2) hours of credit for a multi-author publication
  5. Teaching or lecturing in a physical therapy related continuing education activity – awarded two (2) hours per hour taught. Teaching or lecturing in the academic setting is also included, if teaching is not the licensee’s primary occupation
  6. Once every five (5) years, a formal internal or external peer review of practice, with verification of acceptable practice – awarded three (3) hours of credit
3. Limited non-traditional continuing education activities are also permitted by the Board but shall not exceed forty percent (40%) of a licensee’s total annual continuing education requirement and shall have the following credit values:
  1. Publication in a peer-reviewed publication of an abstract, scientific review of a research paper, or book review - awarded one (1) hour of credit
  2. Participation as a book or manuscript reviewer – awarded one (1) hour of credit
  3. Database publication of a clinical practice guideline - awarded one (1) hour of credit
  4. Authorship of a presented scientific poster or platform presentation – awarded one (1) hour of credit
  5. Acting as the primary clinical instructor for CAPTE accredited PT or PTA program students – awarded one (1) hour for each 200 hours completed
  6. Developing alternative media materials, including computer software, programs, and digital instructional materials – awarded one (1) hour for each project released for public access.
4. Requirements
  1. Each physical therapist and physical therapist assistant licensed to practice by this Board shall complete for each compliance period, a minimum of ten (10) hours of continuing education activities. One hour of continuing education is defined as 50 minutes of engagement in the continuing education activity. October 1 through September 30 of the next year shall constitute a compliance period.
    1. For the applicant who holds a license in another state for more than one year, they must demonstrate a total of ten (10) hours of acceptable continuing education in the twelve (12) months prior to application.
    2. With the exception of jurisprudence individuals licensed within one year of graduation from a CAPTE approved program will not be required to meet the continuing education requirements for initial licensure or the first renewal.
  2. Beginning with the compliance period starting October 1, 2015, licensees shall begin retaining a record of completed courses for five (5) years, including an agenda, brochure or other documentation that substantiate how the activities meet the accepted general guidelines, as well as documentation to establish the completion of those activities Licensees shall provide the Board a copy of their records, or grant access to any online recording and reporting system the licensee elects to use for purposes of the Board verifying completion of the continuing education requirements.
  3. Continuing education hours earned by a physical therapist or physical therapist assistant in excess of ten (10) hours during a compliance period, may be carried forward into the next compliance period; but, no more than ten (10) hours may be carried forward.
  4. Beginning with the compliance period starting October 1, 2015, licensees complete at least two (2) hours of continuing education every fifth year on the topic of Alabama physical therapy jurisprudence, covering both the Practice Act and the Administrative Code. Both PTs and PTAs will be required to fulfill this requirement when renewing their license in years ending in zero (0) or five (5) (i.e., 2020, 2025, 2030, etc.).
5. Unacceptable activities for continuing education:
  1. Regularly scheduled education opportunities provided within the employment setting such as orientations, in-services, staff meetings, informal rounds, case conferences, equipment or procedural updates, CPR, blood-borne pathogens, etc.
  2. Meetings for purposes of policy decisions
  3. Non-educational meetings at annual conferences, chapter or organizational meetings
  4. Entertainment or recreational meetings or activities
  5. Committee meetings, holding office, serving as an organizational delegate
  6. Visiting exhibits, poster presentations
  7. Entry-level coursework, activities, or presentations made by the lay public or non-medical professionals
  8. Activities of less than fifty (50) minutes duration
6. Failure to Meet Requirement
  1. No license will be renewed in the absence of satisfactory evidence that the required hours have been earned. The Board may consider exceptions in extenuating circumstances.
  2. Upon audit, the licensee is responsible for demonstrating that the completed continuing education activities were of an acceptable nature. Should an audited activity prove to be unacceptable the licensee will have sixty (60) days to successfully meet the continuing education expectations. Failure to meet the continuing education requirements within that timeframe will result in disciplinary action.

Statutory Authority: Code of Ala. 1975, 34-24-193(a).

History: Filed September 30, 1982. Amended: Filed November 29, 1989; January 3, 1990; July 7, 1991. Amended: Filed June 8, 1994; Effective July 13, 1994. Amended: Filed July 14, 1998; effective August 18, 1998. Amended: Filed November 2, 2001; effective December 7, 2001. Amended: Filed February 4, 2003; effective March 11, 2003. Amended: Filed February 4, 2005; effective March 11, 2005. Repealed and New: Filed September 21, 2005; effective October 11, 2005. Amended: Filed December 17, 2009; effective January 21, 2010. Amended: Filed November 17, 2011; effective December 22, 2011. Amended: Filed September 20, 2012; effective October 25, 2012; Operative November 2, 2012. Amended: Filed August 23, 2013; effective September 27, 2013. Amended: Filed March 17, 2014; effective April 21, 2014. Amended: Filed January 16, 2015; effective February 20, 2015. Amended: Filed May 14, 2015; effective June 18, 2015. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017. Repealed and New Rule: Filed December 18, 2018; effective February 1, 2019. Repealed and New Rule: Published May 29, 2020; effective July 31, 2020. Amended: Published May 28, 2021; effective July 12, 2021.

700-X-2-.11 Renewal of Privilege

Privileges must be renewed through the Physical Therapy Compact Commission.

Statutory Authority: Code of Ala. 1975, 34-24-220.

History: New Rule: Filed March 7, 2007; effective April 11, 2007. Amended: Filed January 16, 2015; effective February 20, 2015. Amended: Filed May 14, 2015; effective June 18, 2015. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017. Repealed and New Rule: Filed December 18, 2018; effective February 1, 2019. Repealed and New Rule: Published May 29, 2020; effective July 31, 2020. Amended: Published XX XX, 2024; effective XX XX, 2024.

700-X-2-.12 Restoration of License

All licenses shall expire on the first day of October. Any person who permits his/her license to lapse past September 30 may restore the license upon application to the Board and submission of all fees due on or before November first. After November first, a restoration fee set by the board will be required, in addition to the expired renewal fee. Upon receipt of all fees applicable, a license will be reinstated and restored effective the date that all fees are received in the board office.

Statutory Authority: Code of Ala. 1975, 34-24-193, 34-24-216.

History: Filed September 30, 1982. Amended: Filed July 14, 1998; effective August 18, 1998. Amended: Filed February 4, 2005; effective March 11, 2005. Amended: Filed March 7, 2007. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017. Repealed and New Rule: Filed December 18, 2018; effective February 1, 2019. Repealed and New Rule: Published May 29, 2020; effective July 31, 2020. Amended: INSERT STUFF HERE

700-X-2-.13 Lost or Destroyed License or Name Change

Lost or destroyed license. Any licensee whose license is lost or destroyed may be issued a replacement license upon making application to the Board. Such application must be accompanied with the appropriate form and fee set by the board.
Name change. Any licensee whose name is changed by marriage or court order shall provide proof of name change and apply for a replacement license within 60 days.

Statutory Authority: Code of Ala. 1975, 34-24-193.

History: Filed September 30, 1982. Amended: Filed July 14, 1998; effective August 18, 1998. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017. Repealed and New Rule: Filed December 18, 2018; effective February 1, 2019. Repealed and New Rule: Published May 29, 2020; effective July 31, 2020. Amended: INSERT STUFF HERE

700-X-2-.14 Schedule of Fees Set by The Board

Application Fee (PT or PTA) ............................................................................................................… $100

Annual Renewal Fee (PT) .................................................................................................................. $130

Annual Renewal Fee (PTA) .................................................................................................................. $93

Privilege Renewal Fee (PT) and (PTA).................................................................................................. $85

Expired Renewal Fee (PT) ................................................................................................................. $230

Expired Renewal Fee (PTA) ............................................................................................................... $193

Restoration Fee...................................................................................................................................... $50

Original License Reprint.....................................................................................................................….. $5

Directory of Licensees (PT) .................................................................................................................. $75

(PTA) ................................................................................................................ $75

Copy Records……………………………………………………………………………………………..... $1/pg.

Temporary License for Section 34-24-215(a),

Code of Ala. 1975..................................................................................................................... $100

Statutory Authority: Code of Ala. 1975, 34-24-193, 34-24-211, 34-24-214, 34-24-215(a), 34-24-216.

History: New Rule: Filed March 7, 2007; effective April 11, 2007. Amended: Filed January 16, 2015; effective February 20, 2015. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017. Repealed and New Rule: Filed December 18, 2018; effective February 1, 2019. Repealed and New Rule: Published May 29, 2020; effective July 31, 2020. Amended: INSERT STUFF HERE

CHAPTER 700-X-3

PROFESSIONAL CONDUCT

700-X-3-.01 Statement of Policy

Physical therapists and physical therapist assistants are to respect the rights and dignity of all individuals and are to be guided at all times by concern for the welfare of those patients entrusted to their care. Inherent within this charge of care for a patient is a code of conduct which includes both required and prohibitive actions.

Statutory Authority: Code of Ala. 1975, 34-24-193, 34-24-217.

History: Filed September 30, 1982. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017. Repeal and New Rule: Filed June 21, 2019; effective August 5, 2019.

700-X-3-.02 Unbecoming Conduct/Conduct Detrimental To The Best Interest Of The Public Prohibited

"Unbecoming Conduct" is defined as incompetent, illegal, unethical, unprofessional, or dishonorable conduct which violates those standards which have become accepted as obligations reasonably necessary for the protection of the public interest and for professional accountability.
Certain Conduct Specifically Prohibited. While the statements of conduct apply universally, the application or interpretations are usually based on specific individual circumstances. The determination as to what constitutes unbecoming conduct shall be solely within the judgment of the Board of Physical Therapy. The Board finds that and declares that unbecoming conduct shall include, but not be limited to, the following either singularly, in part, or in combination:
1. Practicing with an expired license or privilege.
2. Willful or grossly negligent failure to comply substantially with provisions of laws, rules or regulations governing the practice of the profession in Alabama or any other state.
3. Abandoning or neglecting a patient in need of immediate professional care without making reasonable arrangements for the continuation of such care.
4. Willfully harassing, abusing, or intimidating a patient, co-worker, student, volunteer, or any individual either physically or verbally while practicing physical therapy.
5. Suggesting to a patient referred by one practitioner that the patient seek the services of another practitioner without first consulting the referring practitioner.
6. Guaranteeing that satisfaction or a cure will result from the performance of professional services.
7. Administering excessive tests or treatment; use of treatment procedures or equipment not warranted by the condition of the patient.
8. Claiming that the quality of services is greater than the quality of services performed by other physical therapists or other physical therapist assistants.
9. Using the word "doctor" in offering to perform professional services without also indicating the discipline in which the licensee holds a doctorate.
10. Accepting and undertaking the performance of responsibilities which the licensee or privilege holder knows or has reason to know that he or she is not qualified to perform, or performing without adequate supervision or direction, services which the licensee or privilege holder is authorized to perform only under the supervision or direction of licensed persons or privilege holders.
11. Delegating responsibilities to a person when the licensee or privilege holder delegating such responsibilities knows or has reason to know that such person is not qualified by education, by experience, by privilege or by licensure to perform them.
12. Failing to exercise appropriate supervision or direction over persons who are authorized to practice only under the supervision or direction of the licensed or privileged professional.
13. Failing to maintain appropriate records which accurately reflect the evaluation and treatment for each patient.
14. Revealing personally identifiable facts, data, or information obtained in a practitioner capacity without the prior consent of the patient or client, except as authorized or required by law.
15. Failing to make available to a patient, or, upon a patient's request, to another licensed or privileged health care practitioner consistent with that practitioner's authorized scope of practice, copies of reports, tests, records, or evaluations relating to the patient, or failing to complete forms or reports required for the reimbursement of a patient by a third party.
16. Endorsing equipment, products or services to the patient and the lay public if any remuneration is received in return for such endorsement without notifying the patient or lay person that you would profit from the sale of the equipment, products or services.
17. Failing to report known incompetent, illegal or unprofessional conduct.
18. Engaging in sexual misconduct. Sexual misconduct, for the purpose of this section, includes but is not limited to the following:
  1. Engaging in or soliciting sexual relationships with a patient currently under your care.
  2. Sexually harassing patients under your care.
19. Charging unreasonable or fraudulent fees for services performed or not performed.
20. Interfering with or refusing to cooperate in an investigation or disciplinary proceeding conducted by the Board, the Physical Therapy Compact Commission or other any governmental agency where cooperation is required.

Statutory Authority: Code of Ala. 1975, 3-24-191; 3-24-193.

History: Filed September 30, 1982. Amended: Filed: September 9, 1993; effective October 14, 1993. Amended: Filed December 5, 1995; effective January 9, 1996. Amended: Filed July 8, 1997; effective August 12, 1997. Amended: Filed November 18, 2009; effective December 23, 2009. Amended: Filed January 17, 2014; effective February 21, 2014. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017. Repeal and New Rule: Filed June 21, 2019; effective August 5, 2019. Amended: INSERT STUFF HERE.

700-X-3-.03 Roles and Responsibilities of Licensees and Privilege Holders

Within the provision of physical therapy service there are three recognized levels of personnel: The physical therapist who is licensed or privileged to practice physical therapy; the physical therapist assistant who is licensed or privileged to assist the physical therapist; and the physical therapist aide who is an unlicensed person. The physical therapist must assume primary responsibility for physical therapy care rendered under his/her supervision or direction. Both direction and supervision include, when appropriate, observation of the application of physical therapy procedures, conferences related to patient progress, verbal and written reports.
Definitions.
1. Direction means the action of the physical therapist in delegating duties to a physical therapist assistant, maintaining close communication with the physical therapist assistant, and overseeing the physical therapist assistant's activities on a frequent regularly scheduled basis.
2. Supervision means the direct onsite overseeing of the performance of assigned or delegated duties or functions.
3. Diagnosis for physical therapy means the identification of functional limitations and/or impairments and/or disabilities which are used to guide physical therapy treatments. It is not a medical diagnosis or the identification of a disease.
Roles and Responsibilities, Specifically.
1. Physical Therapist. The roles and responsibilities of a person licensed by this Board or privileged to practice physical therapy in the State of Alabama generally are:
  1. To interpret a practitioner’s referral.
  2. To perform and document the initial evaluation, as well as the physical therapy plan of care which may include:
    1. Diagnosis rendered by the referring or previously diagnosing health care provider
    2. Diagnosis for physical therapy
    3. Presenting problems
    4. Past medical history including, but not limited to, conditions for which patient is taking medication and conditions which are currently being treated by a physician
    5. List of medications being taken by the patient
    6. Objective findings of the physical therapy evaluation
    7. Assessment as to what the current problem(s) is/are that require physical therapy intervention
    8. Goals, both short-term and long-term if appropriate
    9. Physical therapy plan of treatment including frequency and duration
  3. A Physical Therapist will not be disciplined for accepting a referral from a licensed assistant to a physician acting pursuant to a valid supervisory agreement or a licensed certified registered nurse practitioner in a valid collaborative practice agreement with a licensed physician as long as the physical therapist has a reasonable good faith belief that the assistant to a physician is acting pursuant to a valid supervisory agreement or the nurse practitioner is in a valid collaborative practice agreement with a licensed physician.
  4. To identify and document precautions, special problems, contraindications, anticipated progress, and plans for reevaluation.
  5. To implement and supervise that program.
  6. To select and delegate the appropriate portions of the treatment plan and program.
  7. To delegate only those patient care duties to supportive personnel who are qualified under the provisions of these rules to perform such duties.
  8. To reevaluate the patient and adjust the treatment plan, perform the final evaluation of the patient and discharge planning.
  9. To designate or establish channels of written and oral communication.
  10. To maintain adequate records of the case and report to appropriate sources.
  11. To direct no more than four licensed physical therapist assistants at one time.
  12. To refuse to carry out treatment procedures that they believe to be not in the best interest of the patient.
  13. To provide supervision of physical therapist and/or physical therapist assistant students who are on clinical experiences approved by their school as part of their Commission on Accreditation of Physical Therapy Education (CAPTE) approved educational program.
2. Physical Therapist Assistant. When using an abbreviated title, the physical therapist assistant should use the letters PTA. The roles and responsibilities of a person licensed by this Board to practice as a physical therapist assistant in the State of Alabama generally are:
  1. To practice only under the direction of a physical therapist licensed to practice in the State of Alabama.
  2. To assist with but not perform patient disability evaluations.
  3. To perform treatment procedures as delegated by the physical therapist but not to initiate or alter a treatment plan.
  4. To supervise other supportive personnel as charged by the physical therapist.
  5. To notify the physical therapist of changes in patient's status, including all untoward patient responses.
  6. To discontinue immediately any treatment procedures which in their judgment appear to be harmful to the patient.
  7. To refuse to carry out treatment procedures that they believe to be not in the best interest of the patient.
  8. To provide supervision of physical therapist assistant students who are on clinical experiences approved by their school as part of their CAPTE approved educational program.
3. Physical Therapy Aide. The roles and responsibilities of physical therapy aides in physical therapy care are to perform patient related support duties that do not require decision making skills of a licensee.

Statutory Authority: Code of Ala. 1975, 34-24-191, 34-24-193.

History: Filed September 30, 1982. Amended: Filed September 9, 1993; effective October 14, 1993. Amended: Filed December 5, 1995; effective January 9, 1996. Amended: Filed May 6, 1996; effective June 10, 1996. Amended: Filed April 19, 2010; effective May 24, 2010. Amended: Filed September 20, 2012; effective October 25, 2012; Operative November 2, 2012. Amended: Filed February 19, 2013; effective March 26, 2013. Amended: Filed August 26, 2014; effective September 30, 2014. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017. Repeal and New Rule: Filed June 21, 2019; effective August 5, 2019. Amended: INSERT STUFF HERE

700-X-3-.04 Advertising in Alabama

Statement of Policy. Advertising in Alabama must be done in accordance with this rule which is designed to reasonably facilitate the flow of accurate information and prevent false and/or misleading advertising.
Certain Advertising Prohibited.
1. The advertising is intentionally designed to mislead or deceive its intended audience.
2. Licensees and privilege holders are not to compensate or give anything of value to a representative of the press, radio, television, or other communication medium in anticipation of, or in return for, professional publicity in a news item. A paid advertisement is to be identified as such unless it is apparent from the context that it is a paid advertisement.
The following shall be deemed appropriate means advertising:
1. Advertising any form not prohibited by paragraph 1 and 2 above.
2. Listings in directories published by third parties which are open to all qualified members of the profession practicing in the geographic area covered by the directories. The listings may include such factual material as name, address, telephone number, office days and hours, and approved area(s) of specialty.
3. Endeavoring to educate the public to an awareness of the physical therapy profession.
4. Preparation of articles for nonmedical publications and participation in seminars, lectures, and civic programs designed to educate the public to the services offered by the profession.

Statutory Authority: Code of Ala. 1975, 34-24-193, 34-24-217.

History: Filed September 30, 1982. Amended: Filed December 14, 2001; effective January 18, 2002. Amended: Filed April 23, 2013; effective May 28, 2013. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017. Repeal and New Rule: Filed June 21, 2019; effective August 5, 2019. Amended: INSERT STUFF HERE

700-X-3-.05 Identification Required

Licensees and privilege holders shall be identified as a physical therapist or physical therapist assistant in a legible manner to individuals that come in contact with them during the provisions of physical therapy services. The appropriate credentials, Physical Therapist or Physical Therapist Assistant, or the appropriate abbreviations, PT or PTA, shall be displayed on their person via proper identification. Non-licensed physical therapy support personnel shall be identified as physical therapy aide in a legible manner to individuals that come in contact with them while working under the supervision of a PT/PTA. Primary identification as a physical therapy aide may be followed by other license credentials or certifications. Proper identification includes, but is not limited to, embroidery, clip-ons, paper nametags, name badges, or other appropriate means. This rule shall be effective as of January 1, 2011.
There shall at all times be prominently displayed in the place of business of each licensee and privilege holder under this Act a sign containing the name, mailing address, and telephone number of this Board.
Students shall be identified as a physical therapist student or a physical therapist assistant student in a legible manner, when in a clinical affiliation arrangement and will be in contact with patients. This may be achieved by the student wearing the name tag given to them by the educational institution they are enrolled in or by wearing a name tag issued by the clinical institution they are assigned to. The name tag must identify them as a physical therapist student or a physical therapist assistant student.

Statutory Authority: Code of Ala. 1975, 34-24-193.

History: Filed September 30, 1982. Amended: Filed November 29, 1989. Amended: Filed February 6, 1997; effective March 17, 1997. Amended: Filed October 18, 2010; effective November 22, 2010. Amended: Filed May 13, 2014; effective June 17, 2014. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017. Repeal and New Rule: Filed June 21, 2019; effective August 5, 2019. Amended: INSERT STUFF HERE

CHAPTER 700-X-4

DISCIPLINARY ACTIONS

700-X-4-.01 Complaints

Complaints alleging any violation of the laws of the State of Alabama or rules of this Board may be lodged by any person in writing with the executive director.

Statutory Authority: Code of Ala. 1975, 34-24-193, 34-24-194.

History: Filed September 30, 1982. Amended: Filed September 4, 1998; effective October 11, 1998. Amended: Filed February 4, 2003; effective March 11, 2003. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017.

700-X-4-.02 Probable Cause

Beginning January 21, 2009, upon the lodging of a complaint, the executive director shall refer the complaint to the chair of the Board. Subsequent to investigation the chair shall, in consultation with the executive director, the Board's attorney, and a second board member appointed by the Chair, determine whether probable cause exists for the issuing of a summons and complaint by the Board. If a summons and complaint is issued, the chair and the second board member involved who made the probable cause determination shall not vote at the disciplinary hearing held pursuant to the summons and complaint.

Statutory Authority: Code of Ala. 1975, 34-24-194.

History: Filed September 30, 1982. Amended: Filed September 6, 1985. Amended: Filed September 4, 1998; effective October 11, 1998. Amended: Filed February 4, 2003; effective March 11, 2003. Amended: Filed December 15, 2008; effective January 19, 2009. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017.

700-X-4-.03 Summons and Complaint

Preparation. In the event the Board determines that probable cause exists for the filing of a summons and complaint, the Board shall instruct its counsel to prepare it, and it shall be filed with the Board.
The summons and complaint shall be mailed certified mail, return receipt requested, to the most recent address of the respondent on file with the Board and shall be mailed at least 30 days prior to the scheduled date of the hearing. In the event the summons and complaint is refused or the return receipt has not been received by the Board or its attorney at least 20 days before the scheduled hearing, respondent may be served by mailing a copy of the summons and complaint first class mail at least 15 days before the hearing date.
Contents. The summons and complaint shall give notice in substantial compliance with the Alabama Administrative Procedures Act S12(2).

Statutory Authority: Code of Ala. 1975, 34-24-193, 34-24-194, 41-22-12(1).

History: Filed September 30, 1982. Amended: Filed September 6, 1985. Amended: Filed September 4, 1998; effective October 11, 1998. Amended: Filed February 4, 2003; effective March 11, 2003. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017.

700-X-4-.04 Pre-Hearing Discovery

Permitted. Pre-hearing discovery shall be permitted in accordance with this rule to the extent necessary to prevent fraud, conserve the Board's time, prevent undue surprise at hearing and facilitate the carriage of justice.
Extent Allowed. The attorney for the Board or the respondent may, upon application to the Administrative Law Judge, obtain discovery regarding any matter not privileged which is relevant to the subject matter involved in the pending action, whether it relates to the charge of the Board or the defense of the respondent.
Methods of Discovery.
1. Upon written application to the Administrative Law Judge, the following discovery may be allowed or ordered:
  1. Deposition upon oral examination of any expert witness.
  2. Interrogatories to respondent.
  3. Order for production and copying of documents and things and entry upon land for inspection and other purposes, against any person.
2. The discovery must be in accordance with the Alabama Administrative Procedures Act.

700-X-4-.05 Disciplinary Hearings

Conduct of Hearing.
1. Administrative Law Judge. The Board may, in its discretion, appoint some person to act as Administrative Law Judge at disciplinary hearings. In the event an Administrative Law Judge is appointed, he/she shall preside at the hearing and shall rule on all questions of evidence and procedure, notwithstanding other provisions of these rules to the contrary.
2. Plea. The respondent shall plead either "guilty" or "not guilty" to the charges set forth in the complaint.
3. Opening Statement. Each side shall be permitted to make a short opening statement.
4. The state shall present its evidence, followed by the respondent, followed by rebuttal by the state. Each witness called may be examined in the following manner:
  1. Direct examination.
  2. Cross examination.
  3. Examination by Board.
  4. Re-direct examination.
  5. Re-cross examination.
  6. Reexamination by Board.
5. Closing Argument. Each side shall be permitted to make a short closing statement summarizing the evidence presented and urging the application of relevant law to the evidence presented.
6. The Board may request one or both sides to prepare within seven days for the Board's consideration a proposed order of the Board including findings of fact, official notice, and conclusions of law. Underlying facts of record which support the findings should be cited.
7. Order. The Board shall issue an order within 30 days of the date of the final hearing, which shall include findings of fact, official notice taken, and conclusions of law, stated separately. Respondent shall be delivered a copy of the order by certified mail, return receipt requested, and a copy shall be mailed first class to each attorney of record.
Evidence. Evidence shall be admitted in accordance with the Alabama Administrative Procedure Act Section 13.
Emergency Suspensions. Emergency suspensions shall be governed by Code of Ala. 1975, 41-22-19(d).

History: Filed September 30, 1982. Amended: Filed September 4, 1998; effective October 11, 1998. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017.

700-X-4-.06 Discipline

Revocation or suspension of License or Privilege. Upon a finding that respondent has violated any enumerated provision of Code of Ala. 1975, 34-24-217, or any rule adopted pursuant thereto, the Board may restrict, revoke or suspend respondent's license or privilege to practice as a physical therapist or physical therapist assistant in Alabama.
Stay of Execution of Order. The Board may, in its discretion, permanently or temporarily stay the execution of its order to restrict, revoke or suspend respondent's license or privilege. The stay may be conditioned on any provision the Board deems appropriate under all the circumstances of a particular case.
Considerations. In determining whether a license or privilege should be restricted, revoked or suspended, and whether execution of the order should be stayed, and upon what conditions, the Board shall consider all relevant factors, including, but not limited to, the following:
1. The severity of the offense;
2. The danger to the public;
3. The number of repetitions of offenses;
4. The length of time since the date of violation;
5. The number of complaints filed against the licensee or privilege holder;
6. The length of time the licensee or privilege holder has practiced;
7. The actual damage, physical or otherwise, to the patient;
8. The deterrent effect of the penalty imposed;
9. The effect of the penalty upon the licensee's or privilege holder’s livelihood;
10. Any efforts of rehabilitation; and
11. Any other mitigating or aggravating circumstances.
Public Notice. The Board shall publish semi-annually a listing of names, with offenses, of licensees and privilege holders disciplined via formal or informal means.

Statutory Authority: Code of Ala. 1975, 34-24-193, 34-24-217.

History: Filed September 30, 1982. Amended: Filed September 4, 1998; effective October 11, 1998. Amended: Filed September 20, 2012; effective October 25, 2012; Operative November 2, 2012. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017. Amended: INSERT STUFF HERE

700-X-4-.07 Costs and Fines

Fines. The Board is authorized to discipline its licensees and privilege holders by the adoption and collection of administrative fines, not to exceed $1,000 per violation, and it is further authorized to institute any legal proceedings necessary to effect compliance with this chapter.
Costs. The Board may, with the agreement of a licensee or privilege holder, tax the costs of the Board’s investigation or adjudication of a complaint.

Statutory Authority: Code of Ala. 1975, 34-24-193, 34-24-215.

History: Filed September 30, 1982. Amended: Filed November 29, 1989. Amended: Filed September 4, 1998; effective October 11, 1998. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017. Amended: INSERT STUFF HERE

700-X-4-.08 Reinstatement of License After Revocation

Application for Reinstatement. Any person whose license has been revoked may apply to the Board for reinstatement of the license at any time within two years of the revocation. In his/her application for reinstatement, the applicant should state why he/she feels the license should be reinstated and should specifically set forth any changed circumstances which would justify reinstatement. Applicant must include in his/her application evidence that he/she meets the current requirements for licensure.
Board Action. Upon receipt of such application, the Board may grant the applicant a hearing to consider reinstatement, at which time applicant may appeal to the Board to reinstate his/her license.

Statutory Authority: Code of Ala. 1975, 34-24-193.

History: Filed September 30, 1982. Amended: Filed November 29, 1989. Amended: Filed September 4, 1998; effective October 11, 1998. Amended: Filed September 20, 2012; effective October 25, 2012; Operative November 2, 2012. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017.

700-X-4-.09 Reinstatement of Privilege After Revocation

Privileges may only be reinstated by the Physical Therapy Compact Commission.

Statutory Authority: Code of Ala. 1975, 34-24-220.

History: Filed September 30, 1982. Amended: Filed September 4, 1998; effective October 11, 1998. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017. Amended: Published XX XX, 2024; effective XX XX, 2024.

700-X-4-.10 Conflict and Bias

No Board member shall be entitled to vote in any disciplinary matter if the Board member is personally biased against the respondent or when such voting would violate the provisions of the Alabama Administrative Procedure Act, Section 18(1).
Any respondent in a disciplinary action who wishes to assert bias or conflict may do so by filing with the executive director at least three days before the scheduled disciplinary hearing an affidavit asserting the disqualification together with the underlying factual basis for the assertion.
The Board shall consider the assertion of disqualification on the record as a preliminary matter at the hearing before any other question is decided.

Statutory Authority: Code of Ala. 1975, 34-24-193.

CHAPTER 700-X-5

AMENDMENT OF RULES

700-X-5-.01 Petition for Adoption of Rules

Any person who wishes to propose that the Board adopt, repeal, or amend any rule may do so on the form prescribed by the Board and supplied by the executive director.
When a proposal to adopt, repeal or amend a rule is received by the Board, the director shall place the proposal on the agenda of the next board meeting under “new business.”

Statutory Authority: Code of Ala. 1975, 34-24-193, 41-22-8.

History: Filed September 30, 1982. Amended: Filed March 5, 1999; effective April 9, 1999. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017.

700-X-5-.02 Public Hearings

The Board shall permit all interested persons reasonable opportunity to submit data, views, or arguments concerning any proposed rule action. Data, views, or arguments submitted in writing must be received by the executive director at least ten days before the date specified in the notice as the day of the public hearing. Those persons wishing to appear before the Board to present data, views, or arguments orally should submit a request to appear before the Board to the executive director, and such request should be received by the executive director at least ten days before the scheduled public hearing.

Statutory Authority: Code of Ala. 1975, 34-24-193, 41-22-5.

History: Filed September 30, 1982. Amended: Filed March 5, 1999; effective April 9, 1999. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017.

700-X-5-.03 Board Decision

The Board shall fully consider all written and oral submissions concerning every proposed rule action. Upon adoption of a rule, the Board, if conflicting views are submitted on the proposed rule, may issue a concise statement of the principal reasons for and against its adoption, incorporating therein its reasons for overruling any consideration urged against its adoption.

Statutory Authority: Code of Ala. 1975, 34-24-193, 41-22-5.

History: Filed September 30, 1982. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017.

700-X-5-.04 Emergency Rules

The Board may adopt emergency rules under the provisions of Code of Ala. 1975, 41-22-5(b).

Statutory Authority: Code of Ala. 1975, 34-24-193, 41-22-5.

History: Filed September 30, 1982. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017.

ALABAMA PHYSICAL THERAPY PRACTICE ACT

34-24-190 Short title

This article may be cited as the Physical Therapy Practice Act.

(Acts 1965, No. 476, p. 686, §1.)

34-24-191 Definitions

For the purposes of this article, the following terms have the following meanings:
1. BOARD. The Board of Physical Therapy established by Section 34-24-192.
2. COMMISSION. The Physical Therapy Compact Commission, the national administrative body whose membership consists of all states that have enacted the interstate compact.
3. COMPACT PRIVILEGE. The authorization granted by a remote state to allow a licensee from another state to practice as a physical therapist or work as a physical therapist assistant in the remote state under its laws and rules. The practice of physical therapy occurs in the state where the patient or client is located at the time of the patient or client encounter.
4. COMPACT PRIVILEGE HOLDER. An individual licensed as a physical therapist or physical therapist assistant in a compact state who has been granted a compact privilege by the commission.
5. FOREIGN EDUCATED PHYSICAL THERAPIST. A person trained or educated in the practice of physical therapy outside of the United States or any of its territorial possessions.
6. IMPAIRED. The inability of a physical therapy licensee to practice physical therapy with reasonable skill and safety to patients by reason of illness, inebriation, excessive use of drugs, narcotics, alcohol, chemicals, or other substances, or as a result of any physical or mental condition.
7. PHYSICAL THERAPIST. A person who practices physical therapy.
8. PHYSICAL THERAPIST ASSISTANT. A person who assists in the practice of physical therapy and whose activities require an understanding of physical therapy but do not require professional or advanced training in the anatomical, biological, and physical sciences involved in the practice of physical therapy. The physical therapist assistant shall practice only under the direction of a licensed physical therapist.
9. PHYSICAL THERAPY. The treatment of a human being by the use of exercise, massage, heat, cold, water, radiant energy, electricity, or sound for the purpose of correcting or alleviating any physical or mental condition or preventing the development of any physical or mental disability, or the performance of neuromuscular-skeletal tests and measurements to determine the existence and extent of body malfunction, as well as any other means or methods taught in schools or colleges which are recognized by the Alabama Board of Physical Therapy, so long as they do not conflict with any other provision of this article. Physical therapy does not include radiology or electrosurgery.
10. PHYSICAL THERAPY AIDE. A person trained under the direction of a physical therapist who performs designated and supervised routine tasks related to physical therapy services.
11. PHYSICAL THERAPY LICENSEE. A physical therapist or physical therapist assistant who is licensed under this article.
12. PHYSICAL THERAPY REFERRER. A physician licensed to practice medicine or surgery, a dentist licensed to practice dentistry, a licensed chiropractor, a licensed assistant to a physician acting pursuant to a valid supervisory agreement, or a licensed certified registered nurse practitioner in a collaborative practice agreement with a licensed physician.
13. PHYSIOTHERAPIST. Synonymous with the term “physical therapist,” and the term shall be used to identify only those persons licensed under this article. The physical therapist may use the letters “P.T.” in connection with his or her name or place of business to denote his or her registration hereunder.
14. RESTRICTED LICENSE.
  1. For a physical therapist, a license on which the board has placed restrictions or conditions, or both, as to the scope of practice, place of practice, supervision of practice, duration of licensed status, or type or condition of patient to whom the physical therapist may provide services.
  2. For a physical therapist assistant, a license on which the board has placed any restriction.
Words importing the masculine gender shall include the feminine.

(Acts 1965, No. 476, p. 686, §2; Acts 1969, No. 622, p. 1128, §1; Acts 1982, No. 82-189, p. 218, §4; Act 2012-260, p. 502, §1; Act 2012-387, p. 1036, §1; Act 2023-480, §1; Act 2024-385, §1.)

34-24-192 Board of Physical Therapy -- Generally

Composition; appointment and terms of members. The Board of Physical Therapy shall consist of seven members. Four members shall be physical therapists, two members shall be physical therapist assistants, and one member shall be a consumer. The members shall be appointed by the Governor from a list of five persons nominated for each place on the board by the current licensees and certified to him or her by the board. The four physical therapist members shall be nominated from the congressional districts. The physical therapist assistant members shall be nominated from the northern and southern areas of the state. The consumer member shall be nominated from the state at large. For the purpose of preparing the list of five names for each position on the board, the board shall request nominations from vacant or potentially vacant congressional districts. In the event that five names are not received, the board shall request nominations from the state at large. The board shall conduct an annual meeting at which all physical therapists and physical therapist assistants holding a current license as identified under this article shall have the right to attend, nominate, and vote. The board may regulate and prescribe the date, hour, and place of the meeting, the method of nomination, and the manner of voting. At least 30 days prior to the meeting the board shall mail notices to each current licensee, at the address shown on his or her current registration, notifying him or her of the exact date, hour, and place of the meeting, the purpose of the meeting, and of his or her right to attend and vote. The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. Whenever possible, a congressional district shall not be represented by two physical therapists. The board members shall be appointed for staggered terms of five years each, so that at least one member's term expires each year. As each member's term expires, the board shall provide a method of nominating members to the board so that each congressional district in the state is potentially represented on the board whenever possible. No person shall be appointed for more than two consecutive terms.
Qualifications of members. Each physical therapist or physical therapist assistant board member shall possess all the following qualifications:
1. Be a resident and citizen of this state.
2. Have practiced physical therapy, or acted as a physical therapist assistant, within the State of Alabama for the three years preceding his or her appointment.
3. Have no disciplinary action against his or her license for the three years preceding his or her appointment.
Vacancies. In the event of a vacancy within one year of the annual meeting at which the list containing his or her name was compiled, the Governor shall fill the vacancy by selecting another name from the remaining names on the list prepared pursuant to subsection (a). Any vacancy, other than one occurring prior to the next annual meeting after the initial appointment is made, shall be filled by appointment of the Governor from a list of five nominees submitted by the current licensees of the board.
Officers; compensation and expenses of members. The board shall designate one of its members as chair, one as secretary, and one as treasurer. Members of the board shall receive a fee for every day actually spent in the performance of their duties and in addition thereto shall be reimbursed according to the state travel policy for their other expenses in the same amounts and under the same conditions as state employees are reimbursed. The exact amount of the above-mentioned fee shall be fixed by the board.

(Acts 1965, No. 476, p. 686, §4; Acts 1969, No. 622, p. 1128, §3; Acts 1982, No. 82-189, p. 218, §4; Acts 1985, No. 85-334, p. 268, §3; Acts 1989, No. 89-232, p. 284, §3; Acts 1997, No. 97-386, p. 617, §3; Act 2001-254, p. 306, §3; Act 2009-27, p. 87, §3; Act 2010-703, p. 1704, §1.)

34-24-193 Board of Physical Therapy -- Powers and duties; certification fee; administrative fines; impaired practitioner program

The board shall have the following duties:
1. To pass upon the qualifications of applicants for licensing as physical therapists or physical therapist assistants.
2. To conduct examinations.
3. To issue licenses and license renewals to physical therapists and physical therapist assistants qualifying under this article.
4. To suspend or revoke as necessary the license or compact privilege of such individuals.
The board shall adopt rules not inconsistent with law as it may deem necessary for the performance of its duties, however the board shall not adopt any rules that require a physical therapist assistant to be within sight of a consulting physical therapist or a physical therapist supervisor while working under the direction of that physical therapist, or adopt any rules or issue any orders inconsistent with Section 34-24-217(b). The board shall maintain a listing of the name of every living physical therapist and physical therapist assistant licensed or granted a compact privilege in this state, his or her last known place of business and last known place of residence, and the date and number of his or her license.
The board shall compile a list of physical therapists and physical therapist assistants licensed to practice or granted a compact privilege in this state, and the list shall be available to any person upon application to the board and the payment of a fee as may be fixed by the board.
The board may establish and collect a fee for the issuance of a compact privilege.
Subject to the provisions of Section 34-24-195, the board may make such expenditures and employ such personnel as it may deem necessary for the administration of this article.
The board shall hire and establish the responsibilities and salary of an executive director.
The board may establish and collect a fee for certifying to other boards or entities that a licensee is a member in good standing with the Alabama board.
The board may collect a fee from providers of continuing education programs.
The board may discipline its licensees and compact privilege holders by the adoption and collection of administrative fines, not to exceed one thousand dollars ($1,000) per violation, and may institute any legal proceedings necessary to effect compliance with this chapter.
1. The board shall provide for an impaired practitioner program beginning January 1, 2014.
1. The board shall promote the early identification, intervention, treatment, and rehabilitation of physical therapy licensees or compact privilege holders who may be impaired by reason of illness, inebriation, excessive use of drugs, narcotics, alcohol, chemicals, or other substances, or as a result of any physical or mental condition.
2. In order to carry out this obligation, the board may contract with any nonprofit corporation or medical professional association for the purpose of creating, supporting, and maintaining a committee to be designated the Alabama Physical Therapy Wellness Committee. The committee shall be selected in a manner prescribed by the board. The board may expend available funds as necessary to adequately provide for the operational expenses of the committee including, but not limited to, the actual cost of travel, office overhead, and personnel expense. The funds provided by the board for the purpose of operating expenses are not subject to any provision of law requiring competitive bidding.
3. The board may enter into an agreement with a nonprofit corporation or medical professional association for the committee to undertake those functions and responsibilities specified in the agreement, which may include any or all of the following:
  1. Contracting with providers of treatment programs.
  2. Receiving and evaluating reports of suspected impairment from any source.
  3. Intervening in cases of verified impairment.
  4. Referring impaired physical therapy licensees or compact privilege holders to treatment programs.
  5. Monitoring the treatment and rehabilitation of impaired physical therapy licensees or compact privilege holders.
  6. Providing post-treatment monitoring and support of rehabilitated impaired physical therapy licensees or compact privilege holders.
  7. Performing other activities as agreed by the board and the committee.
4. The committee shall develop procedures in consultation with the board for all of the following:
  1. Periodic reporting of statistical information regarding impaired physical therapy licensee program activity.
  2. Periodic disclosure and joint review of all information the board deems appropriate regarding reports received, contracts or investigations made, and the disposition of each report. The committee may not disclose any personally identifiable information except as otherwise provided in this article.
5. Any individual appointed to serve as a member of the committee and any auxiliary personnel, consultant, attorney, or other volunteer or employee of the committee taking any action authorized by this article, engaging in the performance of any duties on behalf of the committee, or participating in any administrative or judicial proceeding resulting therefrom, in the performance and operation thereof, shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed. Any nonprofit corporation or medical professional association or other entity that contracts with or receives funds from the board for the creation, support, and operation of the committee, in so doing, shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed.
6. All information, interviews, reports, statements, memoranda, or other documents furnished to or produced by the committee and any findings, conclusions, recommendations, or reports resulting from any investigation, intervention, treatment, or rehabilitation, or other proceeding of the committee is privileged and confidential. All records and proceedings of the committee pertaining to an impaired physical therapy licensee or compact privilege holder are confidential and shall be used by the committee and the members of the committee only in the exercise of the proper function of the committee and shall not be public record nor available for court subpoena or for discovery proceedings. In the event of a breach of contract between the committee and the impaired physical therapy licensee or compact privilege holder, all records pertaining to the conduct determined to cause the breach of contract shall be disclosed to the board upon its request for disciplinary purposes only. Nothing contained in this subdivision shall apply to records made in the regular course of business of a physical therapy licensee and any information, document, or record otherwise available from an original source is not to be construed as immune from discovery or use in any civil proceeding merely because it is presented or considered during proceedings of the committee.
7. The committee shall render an annual report to the board concerning the operations and proceedings of the committee for the preceding year. The committee shall report to the board any physical therapy licensee or compact privilege holder who in the opinion of the committee is unable to perform physical therapy duties with reasonable skill and safety to patients by reason of illness, inebriation, excessive use of drugs, narcotics, alcohol, chemicals, or other substances, or as a result of any physical or mental condition when it appears that the physical therapy licensee or compact privilege holder is currently in need of intervention, treatment, or rehabilitation and the individual has failed or refused to participate in any program of treatment or rehabilitation recommended by the committee. A report to the Alabama committee shall be deemed a report to the board for the purposes of any mandated reporting of impairment of a licensee or compact privilege holder otherwise provided for by law.
8. If the board has reasonable cause to believe that a physical therapy licensee or compact privilege holder is impaired, the board may cause an evaluation of that individual to be conducted by the committee for the purpose of determining if there is an impairment. The committee shall report the findings of its evaluation to the board.

(Acts 1965, No. 476, p. 686, §5; Acts 1969, No. 622, p. 1128, §4; Acts 1982, No. 82-189, p. 218, §4; Acts 1985, No. 85-334, p. 268, §3; Acts 1989, No. 89-232, p. 284, §3; Act 2007-386, p. 773, §1; Act 2012-387, p. 1036, §1; Act 2023-480, §1.)

34-24-194 Complaint charging violation of article; hearing; subpoenas; judicial review of revocation or refusal of license

Any person may file a complaint with the board against any licensed physical therapist, licensed physical therapist assistant, or compact privilege holder in the state charging the individual with a violation of this article. The complaint shall set forth specifications of charges in sufficient detail to disclose to the accused fully and completely the alleged acts of misconduct for which he or she is charged. When a complaint is filed, the executive director of the board shall mail a copy thereof to the accused by registered mail at his or her address of record, with a written notice of the time and place of a hearing of the complaint, advising the accused that he or she may be present in person and by counsel if he or she so desires to offer testimony and evidence in his or her defense.
The board may issue subpoenas and compel the attendance of any witness or the production of any book, writing, or other documentation in the possession, custody, or control of any person. Any person refusing to produce any book, writing, or other documentation or to appear to testify, without legal excuse, at a hearing of the board, after having been served with a subpoena issued by the board requiring the person to appear, produce any book, writing, or other form of documentation or testify at the hearing, shall be guilty of contempt. Upon certification of the act of contempt by the board to the judge of the circuit court in whose jurisdiction the hearing is held or is to be held, the judge shall punish the contempt as though committed before the judge. The accused party, on application to the board, shall be furnished by the board with a subpoena for any witness in his or her behalf or for the production of any book, writing, or other documentation to be used in his or her behalf at the hearing.
At the hearing, the board shall receive evidence upon the subject matter under consideration and shall accord the accused individual a full and fair opportunity to be heard in his or her defense. The board shall not be bound by strict or technical rules of evidence, but shall consider all evidence fully and fairly except, that all oral testimony considered by the board must be under oath. If the board is convinced that the licensee or compact privilege holder has violated this article, it may revoke his or her license.
The action of the board in revoking or refusing to issue a license or compact privilege may be reviewed by the Circuit Court of Montgomery County by a writ of mandamus, accompanied by a bond to be approved by the court, to determine whether the board acted arbitrarily, capriciously, or illegally. The review procedure provided in this subsection shall not suspend the action of the board in the revocation or refusal of a license.
The board may restrict a license or compact privilege and may require a licensee or compact privilege holder to report regularly to the board on matters related to the reasons for the restricted license.

(Acts 1965, No. 476, p. 686, §13; Acts 1969, No. 622, p. 1128, §12; Acts 1982, No. 82-189, p. 218, §4; Acts 1985, No. 85-334, p. 268, §3; Acts 1993, No. 93-154, p. 228, §3; Act 2012-387, p. 1036, §1; Act 2023-480, §1.)

34-24-195 Physical Therapist Fund

All fees collected by the board shall be paid into the State Treasury and credited to a special fund designated as the “Physical Therapist Fund.” There is hereby appropriated to the board all funds appropriated, or otherwise made available, to the board by the Legislature of Alabama, the Congress of the United States, or by any other source for the purpose of carrying out this article, and the board shall have power to direct the disbursement of all money collected hereunder. All expenditures authorized shall be paid for out of the fund on vouchers certified by the executive director of the board.

(Acts 1965, No. 476, p. 686, §14; Act 2012-387, p. 1036, §1.)

34-24-196 Penalties

Each violation of Section 34-24-210 shall be punishable by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or by imprisonment for not less than 30 days nor more than 90 days, or both.
Any individual who knowingly makes a false statement in his or her application for a license or compact privilege under this article, or in response to any inquiry by the board, shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment for not less than 30 days nor more than 90 days, or both.

(Acts 1965, No. 476, p. 686, §15; Acts 1969, No. 622, p. 1128, §13; Act 2023-480, §1.)

34-24-210 License requirements

License or compact privilege required. No individual shall practice nor hold himself or herself out to be able to practice physical therapy in this state unless he or she is licensed or has been granted a compact privilege in accordance with this chapter.
License or compact privilege required. No individual shall act nor hold himself or herself out as being able to act as a physical therapist assistant unless he or she is licensed or has been granted a compact privilege in accordance with this article.
Other healing arts not affected. Nothing in this article shall prohibit any individual licensed to practice any other of the healing arts in this state under any other law from engaging in the practice for which he or she is licensed.

(Acts 1965, No. 476, p. 686, §3; Acts 1969, No. 622, p. 1128, §2; Acts 1982, No. 82-189, p. 218, §4; Act 2012-387, p. 1036, §1; Act 2023-480, §1.)

34-24-210.1 Evaluation and treatment by physical therapist

A physical therapist may not treat patients without a referral from a physical therapy referrer unless the physical therapist possesses a doctorate in physical therapy or a master's degree from an accredited institution along with 10 years of clinical practice experience and is licensed as a physical therapist in this state having passed the examination of the Federation of State Boards of Physical Therapy.
In addition to the requirements of Section 34-24-216, a physical therapist shall annually complete an additional two hours of continuing education focusing on the professional standard of care.
In treating a patient, the physical therapist shall exercise the reasonable care, skill, and diligence as other similarly situated health care providers in the same general line of practice ordinarily have and exercise in a like case.
1. Except as otherwise provided in this section, and except with respect to patients seeking treatment for work-related injuries, infirmities, diseases, or conditions which do not provide any basis for establishing a claim or right to recover under Alabama's Workers Compensation Act, Section 25-5-1 et seq., a physical therapist meeting the education requirements of subsection (a), without a referral, may perform an initial screening evaluation or consultation for patients with non-work related injuries, infirmities, diseases, or conditions to determine the need for physical therapy, establish a plan of care, and initiate physical therapy services without a referral. An individual seeking treatment for physical therapy services who is paying cash shall have direct access without restriction.
2. A physical therapist meeting the educational requirements of subsection (a) may perform physical therapy on a patient without a referral from a physical therapy referrer. If the patient does not have a beneficial response to the physical therapy in 30 calendar days, or 11 visits, whichever occurs first, the patient shall be referred to a health care provider as appropriate. These treatment limitations shall not apply to any of the following:
  1. A child with a diagnosed developmental disability pursuant to the plan of care for the child developed by a physical therapy referrer.
  2. A patient of a home health care agency pursuant to the agency's plan of care for the patient.
  3. A patient of a nursing home pursuant to the plan of care for the patient developed by the medical staff of the nursing home.
  4. A patient previously diagnosed with a chronic condition for which physical therapy services are appropriate after informing the physical therapy referrer rendering the diagnosis. The diagnosis shall have been made within the immediately preceding 120 days. The physical therapist shall provide the physical therapy referrer with a plan of care for physical therapy services within the first 15 days of treatment.
  5. Education or activities in a wellness setting relating to conditioning for the purpose of prevention of injury, reduction of stress, or promotion of fitness.
The licensed physical therapist shall immediately refer a patient to other health care providers upon a measurable deterioration in the patient's condition.
A physical therapist treating a patient referenced in subdivision (d)(2) without a referral from a physical therapy referrer, prior to beginning treatment, shall provide written disclosure to the patient that the physical therapist's assessment is not a medical diagnosis and is not based on any radiologic or medical imaging.
Failure of a physical therapist to timely refer the patient to a physical therapy referrer when the patient exhibits or develops signs, symptoms, or conditions requiring treatment beyond the scope of practice of physical therapy shall constitute unprofessional conduct under the rules of the board.
A physical therapist is prohibited from doing any of the following:
1. Practicing medicine, osteopathy, dentistry, or chiropractic medicine.
2. Ordering or interpreting any form of radiologic or medical imaging.
3. Ordering or interpreting any diagnostic testing, including clinical laboratory tests.
4. Ordering any type of medical procedure.
5. Ordering, prescribing, or administering any prescription medication or drug; however, a physical therapist may administer topical medications for which a prescription is not required or for which the patient has a valid order or prescription.
6. Admitting or discharging a patient from any health care facility licensed in this state.
7. Performing physical therapy on any individual who suffered a concussion within the previous 45 days, unless cleared for physical therapy by a physician licensed to practice medicine and osteopathy.
8. Performing sports physicals on or certifying a student athlete as capable of returning to play; however, a physical therapist may assist in sports physicials performed by licensed physicians or in assessing the extent of movement dysfunctions for student athletes to return to play when no other conditions exists.
9. Performing physical therapy on any individual who has undergone a surgical procedure for a diagnosed condition within the previous 90 days without a referral from a physical therapy referrer. This would not prevent an individual from seeking treatment for any other treatment unrelated to the surgical procedure.
10. Directing or supervising more than four physical therapy assistants at one time.
No physical therapy referrer shall be civilly liable for any act, omission, advice, care, or service provided by a physical therapist or other individual providing physical therapy services without a referral.
For any physical therapist treating a patient without a referral from a physical therapy referrer, the physical therapist shall maintain professional liability insurance at a limit of no less than one hundred thousand dollars ($100,000) per occurrence and three hundred thousand dollars ($300,000) aggregate. The board may adopt rules to increase, but may not decrease, the minimum professional liability insurance carried by a physical therapist treating a patient without a referral from a physical therapy referrer.
A physical therapist possessing a doctoral degree may not utilize the terms "doctor" in any advertisements, representations, or statements made to the public related to the provision of physical therapy unless immediately followed by "Doctor of Physical Therapy", "DPT", or "PT" in the same size type and font.
1. Nothing in this act shall permit a licensed athletic trainer employed by a physical therapist to operate outside of his or her respective scope of practice, or in conflict with the Alabama Athletic Trainers Licensure Act, including requirements to work under the direction of a licensed physician. A physical therapist may not require a licensed athletic trainer, who is employed by the physical therapist to provide athletic training services, to refer patients to the clinic or facility where the physical therapist is employed.
Nothing contained in this act shall be construed to create a requirement that any health benefit plan, group insurance plan, policy, or contract for health care services that covers hospital, medical, or surgical expenses, health maintenance organizations, preferred provider organizations, medical service organizations, physician-hospital organizations, or any person, firm, corporation, joint venture, or other similar business entity that pays for, purchases, or furnishes group health care services to patients, insureds, or beneficiaries in this state, including entities created pursuant to Article 6, of Chapter 20, Title 10A, commencing with Section 10A-20-6.01, provide coverage or reimbursement for the services described or authorized in this act.

(Act 2012-260, p. 502, §2; Act 2023-480, §1; Act 2024-385, §2.)

34-24-211 Application; fee; criminal history background check

An applicant for licensure as a physical therapist or as a physical therapist assistant shall file a written application on forms provided by the board together with a fee as set by the board, no part of which shall be refundable. The applicant shall present evidence satisfactory to the board that he or she is of good moral character and has completed a program of physical therapy education appropriate for training a physical therapist or a physical therapist assistant approved by the board or a nationally recognized accrediting agency. Each applicant shall also be a citizen of the United States or, if not a citizen of the United States, an individual who is legally present in the United States with appropriate documentation from the federal government.
On and after June 1, 2021, an applicant for licensure as a physical therapist or a physical therapist assistant shall submit to the board, on a form sworn to by the applicant, his or her name, date of birth, Social Security number, and two complete sets of fingerprints for completion of a criminal history background check. The board shall submit the fingerprints to the Alabama State Law Enforcement Agency for a state criminal history background check. The fingerprints shall be forwarded by the agency to the Federal Bureau of Investigation for a national criminal history background check. Costs associated with conducting a criminal history background check shall be paid by the applicant.

(Acts 1965, No. 476, p. 686, §6; Acts 1969, No. 622, p. 1128, §5; Acts 1982, No. 82-189, p. 218, §4; Act 2009-27, p. 87, §3; Act 2012-387, p. 1036, §1; Act 2021-115, §13; Act 2023-480, §1.)

34-24-212 Examinations

Generally. The board shall give an appropriate physical therapy examination and a jurisprudence examination to every applicant who complies with Section 34-24-211 and who pays the fee prescribed for the examination. Examinations shall be held within the state at least once each year, at such times and places as the board determines. A practical or demonstration examination may be required at the discretion of the board when an applicant is retaking a written examination after previously having failed such an examination.
Physical therapist. The physical therapy examination given applicants for licensure as a physical therapist shall be a written examination approved by the board to test the applicant's knowledge of the basic and clinical sciences as they relate to the practice of physical therapy, physical therapy theory and procedures, and such other subjects as the board may deem useful to test the applicant's fitness to practice physical therapy. The board shall also administer a jurisprudence examination to applicants for licensure as a physical therapist, which shall be a written examination approved by the board to test the applicant's knowledge of the laws and rules of the State of Alabama as they relate to the practice of physical therapy and such other subjects as the board may deem useful to test the applicant's knowledge of applicable law. A practical or demonstration examination may be required if so determined by the board. The board may waive the requirement for a jurisprudence examination.
Physical therapist assistant. The physical therapy examination given applicants for licensure as physical therapist assistant shall be a written examination approved by the board to test the applicant's knowledge of the basic and clinical sciences as they relate to the practice of physical therapy, physical therapy theory and procedures, and such other subjects as the board may deem useful to test the applicant's fitness to act as a physical therapist assistant. The board shall also administer a jurisprudence examination to applicants for licensure as a physical therapist assistant, which shall be a written examination approved by the board to test the applicant's knowledge of the laws and rules of the State of Alabama as the laws and rules relate to the practice of physical therapy, and such other subjects as the board may deem useful to test the applicant's knowledge of applicable law. A practical or demonstration examination may be required if so determined by the board. The board may waive the requirement for a jurisprudence examination.
Foreign educated physical therapist. Any foreign educated physical therapist who plans to practice in the state must have their educational credentials evaluated by a recognized educational evaluation agency and have that agency send their report directly to the board. The board shall determine the acceptability of equivalency in educational preparation. If the board determines the education to be acceptable, the routine application process shall be followed.
Compact privilege applicants. Individuals purchasing a compact privilege for the State of Alabama shall pass the jurisprudence examination required of licensed physical therapists or licensed physical therapist assistants before the privilege is issued by the commission.
By January 1, 2024, the board shall adopt rules to implement this chapter.

(Acts 1965, No. 476, p. 686, §7; Acts 1969, No. 622, p. 1128, §6; Acts 1982, No. 82-189, p. 218, §4; Act 2012-387, p. 1036, §1; Act 2023-480, §1.)

34-24-213 Issuance of license -- Applicants passing examination

The board shall issue a license to each applicant who passes the appropriate examination for licensure as a physical therapist or licensure as a physical therapist assistant in accordance with standards fixed by it and who is not disqualified to receive a license under Section 34-24-217.

(Acts 1965, No. 476, p. 686, §8; Acts 1969, No. 622, p. 1128, §7; Acts 1982, No. 82-189, p. 218, §4; Act 2012-387, p. 1036, §1; Act 2023-480, §1.)

34-24-214 Issuance of license -- Without examination

Upon payment to the board of a fee set by the board and the submission of a written application on forms provided by the board, the board shall issue a license without examination to:

An individual who is qualified within the meaning of this article as a physical therapist by another state of the United States of America, its possessions, or the District of Columbia, if the requirements for licensing or registration in such state, possession, or district were at the date of his or her licensing or registration by that state substantially equal to the requirement for the initial licensing of individuals practicing physical therapy when this article became effective, August 20, 1965, or for licensing by examination prepared by the professional examining service as set forth in this article and any additional requirements prescribed by the board.
An individual who is qualified within the meaning of this article as a physical therapist assistant by another state of the United States of America, its possessions, or the District of Columbia, if the requirements for licensing in such state, possession, or district were at the date of his or her licensing by that state substantially equal to the requirements set forth in this article.

(Acts 1965, No. 476, p. 686, §9; Acts 1966, Ex. Sess., No. 238, p. 360, §1; Acts 1969, No. 622, p. 1128, §8; Acts 1982, No. 82-189, p. 218, §4; Act 2023-480, §1.)

34-24-215 Temporary licenses

On payment to the board of a fee set by the board, and on submission of a written application on forms provided by the board, the applicant shall be issued without examination a temporary license to practice physical therapy or to act as a physical therapist assistant in this state for a period not to exceed one year, if the person meets the qualifications set forth in Section 34-24-211 and submits evidence satisfactory to the board that he or she is in this state on a temporary basis to assist in a case of medical emergency or to engage in a special physical therapy project. Such special projects may be research and education programs. Each request will be judged by the board on its individual merits.
Upon the submission of a written application on forms provided by the board, a person who has applied for a license under the provisions of Section 34-24-211 and who is, in the judgment of the board, eligible to take the examination provided for in Section 34-24-212, may be issued a temporary license by the board. Such temporary license shall be available to an applicant only with respect to his or her first application for a license under Section 34-24-211, and such license shall expire when the board makes a determination with respect to the application.

(Acts 1965, No. 476, p. 686, §10; Acts 1969, No. 622, p. 1128, §9; Acts 1982, No. 82-189, p. 218, §4; Acts 1985, No. 85-334, p. 268, §3.)

34-24-216 Renewal of license; continuing education

All licenses issued by the board to physical therapists and physical therapist assistants shall expire on the first day of October of the year next succeeding the issuance thereof. A license may be renewed on the payment, on or before November first of each year, to the board of a fee set by the board. A license which has expired may, within five years of its expiration date, be renewed on the payment to the board of a fee set by the board for each year or part thereof during which the license was ineffective and the payment of a restoration fee set by the board. After the five-year period, a license may be obtained only by complying with the provisions hereinabove relating to the issuance of an original license.
The board shall adopt a program of continuing education for its licensees not later than October 1, 1991. After such date, successful completion of the annual continuing education program shall be a requisite for the renewal of licenses issued pursuant to this chapter.
Provided, however, under the provisions of this chapter, continuing education shall not result in a passing or failing grade.

(Acts 1965, No. 476, p. 686, §12; Acts 1969, No. 622, p. 1128, §11; Acts 1982, No. 82-189, p. 218, §4; Acts 1989, No. 89-232, p. 284, §§3, 4.)

34-24-217 Grounds for refusal, suspension, or revocation of license

The board shall refuse to issue a license to any individual and, after notice and hearing in accordance with its rules, shall suspend or revoke the license or compact privilege of any individual who has done any of the following:
1. Practiced physical therapy other than upon the referral of a physician licensed to practice medicine or surgery, a dentist licensed to practice dentistry, a licensed chiropractor, a licensed assistant to a physician acting pursuant to a valid supervisory agreement, or a licensed certified registered nurse practitioner in a valid collaborative practice agreement with a licensed physician, except as provided in Section 34-24-210.1, or practiced as a physical therapist assistant other than under the direction of a licensed physical therapist.
2. Used drugs or alcoholic beverages to an extent which affects his or her professional competency.
3. Been convicted of a felony or of a crime involving moral turpitude.
4. Obtained or attempted to obtain a license or compact privilege by fraud or deception.
5. Been grossly negligent in the practice of physical therapy or in acting as a physical therapist assistant.
6. Been adjudged mentally incompetent by a court of competent jurisdiction.
7. Been guilty of conduct unbecoming a licensee or compact privilege holder or of conduct detrimental to the best interest of the public.
8. Been convicted of violating any state or federal narcotic law.
9. Treated or undertaken to treat human ailments otherwise than by physical therapy as defined in this article.
10. Advertised unethically according to standards as set by the board.
11. Failed or refused to obey any lawful order or rule of the board.
For purposes of this article and notwithstanding any other provision of this article or any rules adopted by the board, any licensee or compact privilege holder under this article who has a bona fide employment or independent contract with a physician, a physician group, or an entity with which a physician has a legal compensation arrangement, including fair market value wages, compensation, benefits, or rents for services or property provided, or in which a physician has a legal financial interest, including any direct or indirect ownership or investment interest, shall not be deemed to be engaged in conduct unbecoming a licensee or compact privilege holder under this article, or to be engaged in conduct detrimental to the best interest of the public, or to be in violation of any other provision of this article by virtue of any of the above relationships, and shall not be subject to licensure or compact privilege denial, suspension, revocation, or any other disciplinary action or penalty under this article: (1) by virtue of such employment or contract, or (2) by virtue of the provision of physical therapy services pursuant to a referral from the employing or contracting physician, or from a physician with a legal compensation arrangement with or a legal financial interest in the employing or contracting physician group.

(Acts 1965, No. 476, p. 686, §12; Acts 1969, No. 622, p. 1128, §11; Acts 1982, No. 82-189, p. 218, §4; Act 2007-386, p. 773, §1; Act 2012-260, p. 502, §1; Act 2012-387, §1; Act 2023-480, §1.)

34-24-220 Purpose

This article shall be known and may be cited as the Physical Therapy Licensure Compact. The purpose of this compact is to facilitate interstate practice of physical therapy with the goal of improving public access to physical therapy services. The practice of physical therapy occurs in the state where the patient/client is located at the time of the patient/client encounter. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.
This compact is designed to achieve the following objectives:
1. Increase public access to physical therapy services by providing for the mutual recognition of other member state licenses.
2. Enhance the states' ability to protect public health and safety.
3. Encourage the cooperation of member states in regulating multi-state physical therapy practice.
4. Support spouses of relocating military members.
5. Enhance the exchange of licensure, investigative, and disciplinary information between member states.
6. Allow a remote state to hold a provider of services with a compact privilege in that state accountable under that state's practice standards.

(Act 2021-115, §1.)

34-24-220.01 Definitions

As used in this article, and except as otherwise provided, the following terms have the following meanings:

ACTIVE DUTY MILITARY. Full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. 1209 and 1211.
ADVERSE ACTION. Disciplinary action taken by a physical therapy licensing board based upon misconduct, unacceptable performance, or both.
ALTERNATIVE PROGRAM. A non-disciplinary monitoring or practice remediation process approved by a physical therapy licensing board, including, but not limited to, substance abuse issues.
COMPACT PRIVILEGE. The authorization granted by a remote state to allow a licensee from another member state to practice as a physical therapist or work as a physical therapist assistant in the remote state under its laws and rules. The practice of physical therapy occurs in the member state where the patient/client is located at the time of the patient/client encounter.
CONTINUING COMPETENCE. A requirement, as a condition of license renewal, to provide evidence of participation in, or completion of, educational and professional activities relevant to practice or area of work.
DATA SYSTEM. A repository of information about licensees, including examination, licensure, investigative information, compact privilege, and adverse action.
ENCUMBERED LICENSE. A license that a physical therapy licensing board has limited in any way.
EXECUTIVE BOARD. A group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission.
HOME STATE. The member state that is the licensee's primary state of residence.
INVESTIGATIVE INFORMATION. Information, records, and documents received or generated by a physical therapy licensing board pursuant to an investigation.
JURISPRUDENCE REQUIREMENT. The assessment of an individual's knowledge of the laws and rules governing the practice of physical therapy in a state.
LICENSEE. An individual who currently holds an authorization from a state to practice as a physical therapist or to work as a physical therapist assistant.
MEMBER STATE. A state that has enacted this compact.
PARTY STATE. Any member state in which a licensee holds a current license or compact privilege or is applying for a license or compact privilege.
PHYSICAL THERAPIST. An individual who is licensed by a state to practice physical therapy.
PHYSICAL THERAPIST ASSISTANT. An individual who is licensed or certified by a state and who assists the physical therapist in selected components of physical therapy.
PHYSICAL THERAPY COMPACT COMMISSION or COMMISSION. The national administrative body whose membership consists of all states that have enacted this compact.
PHYSICAL THERAPY, PHYSICAL THERAPY PRACTICE, or THE PRACTICE OF PHYSICAL THERAPY. The care and services provided by or under the direction and supervision of a licensed physical therapist.
PHYSICAL THERAPY LICENSING BOARD or LICENSING BOARD. The agency of a state that is responsible for the licensing and regulation of physical therapists and physical therapist assistants.
REMOTE STATE. A member state other than the home state where a licensee is exercising or seeking to exercise the compact privilege.
RULE. A regulation, principle, or directive adopted by the commission that has the force of law.
STATE. Any state, commonwealth, district, or territory of the United States that regulates the practice of physical therapy.

(Act 2021-115, §2.)

34-24-220.02 State participation in compact

To participate in the compact, a state shall do all of the following:
1. Participate fully in the commission's data system, including using the commission's unique identifier as defined in rules.
2. Have a mechanism in place for receiving and investigating complaints about licensees.
3. Notify the commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of investigative information regarding a licensee.
4. Fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions in accordance with subsection (b).
5. Comply with the rules of the commission.
6. Utilize a recognized national examination as a requirement for licensure pursuant to the rules of the commission.
7. Have continuing competence requirements as a condition for license renewal.
Upon adoption of this compact, the member state shall have the authority to obtain biometric-based information from each physical therapy licensure applicant and submit this information to the Federal Bureau of Investigation for a criminal background check in accordance with 28 U.S.C. 534 and 34 U.S.C. 40316.
A member state shall grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the compact and rules.
Member states may charge a fee for granting a compact privilege.

(Act 2021-115, §3.)

34-24-220.03 Compact privilege

To exercise the compact privilege under the terms and provisions of the compact, the licensee shall meet all of the following requirements:
1. Hold a license in the home state.
2. Have no encumbrance on any state license.
3. Be eligible for a compact privilege in any member state in accordance with subsections (g) and (h).
4. Have not had any adverse action against any license or compact privilege within the previous two years.
5. Notify the commission that the licensee is seeking the compact privilege within a remote state or states.
6. Pay any applicable fees, including any state fee, for the compact privilege.
7. Meet any jurisprudence requirements established by the remote state or states in which the licensee is seeking a compact privilege.
8. Report to the commission adverse action taken by any non-member state within 30 days from the date the adverse action is taken.
The compact privilege is valid until the expiration date of the home license. The licensee must comply with the requirements of subsection (a) to maintain the compact privilege in the remote state.
A licensee providing physical therapy in a remote state under the compact privilege shall function within the laws and rules of the remote state.
A licensee providing physical therapy in a remote state is subject to that state's regulatory authority. A remote state, in accordance with due process and that state's laws, may remove a licensee's compact privilege in the remote state for a specific period of time, impose fines, or take any other necessary action to protect the health and safety of its residents. The licensee is not eligible for a compact privilege in any state until the specific time for removal has passed and all fines are paid.
If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until both of the following occur:
1. The home state license is no longer encumbered.
2. Two years have elapsed from the date of the adverse action.
Once an encumbered license in the home state is restored to good standing, the licensee shall meet the requirements of subsection (a) to obtain a compact privilege in any remote state.
If a licensee's compact privilege in any remote state is removed, the individual shall lose the compact privilege in every remote state until all of the following occur:
1. The specific period of time for which the compact privilege was removed has ended.
2. All fines have been paid.
3. Two years have elapsed from the date of the adverse action.
Once the requirements of subsection (g) have been met, the licensee shall meet the requirements in subsection (a) to obtain a compact privilege in a remote state.

(Act 2021-115, §4.)

34-24-220.04 Active duty military personnel or their spouses

A licensee who is active duty military or is the spouse of an individual who is active duty military may designate one of the following as the home state:

Home of record.
Permanent Change of Station (PCS).
State of current residence if it is different from the PCS state or home of record.

(Act 2021-115, §5.)

34-24-220.05 Adverse actions

A home state shall have exclusive power to impose adverse action against a license issued by the home state.
A home state may take adverse action based on the investigative information of a remote state, provided that the home state follows its own procedures for imposing adverse action.
Nothing in this compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain non-public if required by the member state's laws. Member states shall require licensees who enter any alternative programs in lieu of discipline to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state.
Any member state may investigate actual or alleged violations of the laws and rules authorizing the practice of physical therapy in any other member state in which a physical therapist or physical therapist assistant holds a license or compact privilege.
A remote state may do all of the following:
1. Take adverse action as set forth in subsection (d) of Section 34-24-220.03 against a licensee's compact privilege in the state.
2. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a physical therapy licensing board in a party state for the attendance and testimony of witnesses or the production of evidence from another party state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses or evidence are located.
3. If otherwise permitted by state law, recover from the licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee.
Joint investigations.
1. In addition to the authority granted to a member state by its respective physical therapy practice act or other applicable state law, a member state may participate with other member states in joint investigations of licensees.
2. Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.

(Act 2021-115, §6.)

34-24-220.06 Establishment of the Physical Therapy Compact Commission

The compact member states shall create and establish a joint public agency known as the Physical Therapy Compact Commission.
1. The commission is an instrumentality of the compact member states.
2. Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
3. Nothing in this compact shall be construed to be a waiver of sovereign immunity.
Membership, voting, and meetings.
1. Each member state shall have and be limited to one delegate selected by that member state's licensing board.
2. The delegate shall be a current member of the licensing board, who is a physical therapist, physical therapist assistant, public member, or the board administrator.
3. Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.
4. The member state board shall fill any vacancy occurring in the commission.
5. Each delegate shall be entitled to one vote with regard to the adoption of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission.
6. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication.
7. The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.
The commission shall have all of the following powers and duties:
1. Establish the fiscal year of the commission.
2. Establish bylaws.
3. Maintain its financial records in accordance with the bylaws.
4. Meet and take such actions as are consistent with this compact and the bylaws.
5. Adopt uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all member states.
6. Bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state physical therapy licensing board to sue or be sued under applicable law shall not be affected.
7. Purchase and maintain insurance and bonds.
8. Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state.
9. Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this compact, and to establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.
10. Accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same, provided that at all times the commission shall avoid any appearance of impropriety or conflict of interest.
11. Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve, or use, any property, real, personal, or mixed, provided that at all times the commission shall avoid any appearance of impropriety.
12. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed.
13. Establish a budget and make expenditures.
14. Borrow money.
15. Appoint committees, including standing committees, composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws.
16. Provide and receive information from, and cooperate with, law enforcement agencies.
17. Establish and elect an executive board.
18. Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with state regulation of physical therapy licensure and practice.
The executive board.
1. The executive board may act on behalf of the commission according to the terms of this compact.
2. The executive board shall be composed of nine members as follows:
  1. Seven voting members who are elected by the commission from the current membership of the commission.
  2. One ex officio, nonvoting member from the recognized national physical therapy professional association.
  3. One ex officio, nonvoting member from the recognized membership organization of the physical therapy licensing boards.
3. The ex officio members shall be selected by their respective organizations.
4. The commission may remove any member of the executive board as provided in the bylaws.
5. The executive board shall meet at least annually.
6. The executive board shall have all of the following duties and responsibilities:
  1. Recommend to the entire commission changes to the rules or bylaws, to this compact, to legislation, to fees paid by compact member states such as annual dues, and to any commission compact fee charged to licensees for the compact privilege.
  2. Ensure compact administration services are appropriately provided, contractual or otherwise.
  3. Prepare and recommend the budget.
  4. Maintain financial records on behalf of the commission.
  5. Monitor compact compliance of member states and provide compliance reports to the commission.
  6. Establish additional committees as necessary.
  7. Perform other duties as provided in rules or bylaws.
Meetings of the commission.
1. All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Section 34-24-220.08.
2. The commission or the executive board or other committee of the commission may convene in a closed, non-public meeting if the commission or executive board or other committee of the commission must discuss any of the following:
  1. Non-compliance of a member state with its obligations under the compact.
  2. The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures.
  3. Current, threatened, or reasonably anticipated litigation.
  4. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate.
  5. Accusing any person of a crime or formally censuring any person.
  6. Disclosure of trade secrets or commercial or financial information that is privileged or confidential.
  7. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.
  8. Disclosure of investigative records compiled for law enforcement purposes.
  9. Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact.
  10. Matters specifically exempted from disclosure by federal or member state statute.
3. If a meeting, or portion of a meeting, is closed pursuant to this section, the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.
4. The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons for the actions, including a description of the views expressed. All documents considered in connection with an action shall be identified in the minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.
Financing of the commission.
1. The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
2. The commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.
3. The commission may levy and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula adopted by rule of the commission, and binding upon all member states.
4. The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the commission pledge the credit of any of the member states, except by and with the authority of the member state.
5. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the commission.
Qualified immunity, defense, and indemnification.
1. The members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that nothing in this subsection shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.
2. The commission shall defend any member, officer, executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that nothing in this subsection shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
3. The commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.

(Act 2021-115, §7.)

34-24-220.07 Data system

The commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensees in member states.
Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all licensees to whom this compact is applicable as required by the rules of the commission, including all of the following:
1. Identifying information.
2. Licensure data.
3. Adverse actions against a license or compact privilege.
4. Non-confidential information related to alternative program participation.
5. Any denial of application for licensure, and the reason or reasons for the denial.
6. Other information that may facilitate the administration of this compact, as determined by the rules of the commission.
Investigative information pertaining to a licensee in any member state shall only be available to other party states.
The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state shall be available to any other member state.
Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.

(Act 2021-115, §8.)

34-24-220.08 Rulemaking

The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.
If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt this compact within four years after the date of adoption of the rule, then the rule shall have no further force and effect in any member state.
Rules or amendments to rules shall be adopted at a regular or special meeting of the commission.
Prior to adoption of a final rule or rules by the commission, and at least 30 days in advance of the meeting at which the rule shall be considered and voted upon, the commission shall file a Notice of Proposed Rulemaking on both of the following:
1. The website of the commission or other publicly accessible platform.
2. The website of each member state physical therapy licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.
The Notice of Proposed Rulemaking shall include all of the following:
1. The proposed time, date, and location of the meeting in which the rule will be considered and voted upon.
2. The text of the proposed rule or amendment and the reason for the proposed rule or amendment.
3. A request for comments on the proposed rule from any interested person.
4. The manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments.
Prior to adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.
The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by any of the following:
1. At least 25 persons.
2. A state or federal governmental subdivision or agency.
3. An association having at least 25 members.
If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the commission shall publish the mechanism for access to the electronic hearing.
1. All persons wishing to be heard at the hearing shall notify the executive director of the commission or other designated member in writing of their desire to appear and testify at the hearing not less than five business days before the scheduled date of the hearing.
2. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.
3. All hearings shall be recorded. A copy of the recording shall be made available on request.
4. Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section.
Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing is not held, the commission shall consider all written and oral comments received.
If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with adoption of the proposed rule without a public hearing.
The commission, by majority vote of all members, shall take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in this compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this subdivision, an emergency rule is one that must be adopted immediately in order to do any of the following:
1. Meet an imminent threat to public health, safety, or welfare.
2. Prevent a loss of commission or member state funds.
3. Meet a deadline for the adoption of an administrative rule that is established by federal law or rule.
4. Protect public health and safety.
The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the chair of the commission prior to the end of the notice period. If no challenge is made, the revision shall take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.

(Act 2021-115, §9.)

34-24-220.09 Oversight, dispute resolution, and enforcement

Oversight.
1. The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the purposes and intent of this compact. This compact and the rules adopted hereunder shall have standing as statutory law.
2. All courts shall take judicial notice of this compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the commission.
3. The commission shall be entitled to receive service of process in any proceeding and shall have standing to intervene in a proceeding for all purposes. Failure to provide service of process to the commission shall render a judgment or order void as to the commission, this compact, or adopted rules.
Default, technical assistance, and termination.
1. If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or adopted rules, the commission shall do both of the following:
  1. Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default, or any other action to be taken by the commission.
  2. Provide remedial training and specific technical assistance regarding the default.
2. If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the member states, and all rights, privileges, and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
3. Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states.
4. A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
5. The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state.
6. The defaulting state may appeal the action of the commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing member shall be awarded all costs of litigation, including reasonable attorney's fees.
Dispute resolution.
1. Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and non-member states.
2. The commission shall adopt a rule providing for both mediation and binding dispute resolution for disputes, as appropriate.
Enforcement.
1. The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.
2. By majority vote, the commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with this compact and its adopted rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of litigation, including reasonable attorney's fees.
3. The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.

(Act 2021-115, §10.)

34-24-220.10 Date of implementation of the Interstate Commission for Physical Therapy Practice and associated rules, withdrawal, and amendment

This compact shall come into effect on the date on which the compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the adoption of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.
Any state that joins this compact subsequent to the commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which this compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day this compact becomes law in that state.
Any member state may withdraw from this compact by enacting a statute repealing the same.
1. A member state's withdrawal shall not take effect until six months after enactment of the repealing statute.
2. Withdrawal shall not affect the continuing requirement of the withdrawing state's physical therapy licensing board to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal.
Nothing contained in this compact shall be construed to invalidate or prevent any physical therapy licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with this compact.
This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

(Act 2021-115, §11.)

34-24-220.11 Construction and severability

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any party state, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.

(Act 2021-115, §12.)

34-24-220.12 Judicial proceedings by individuals

Except as to judicial proceedings for the enforcement of this compact among member states, individuals may pursue judicial proceedings related to this compact in any Alabama state or federal court that would otherwise have competent jurisdiction.

(Act 2021-115, §14.)