California Law Exam for PT

PT's are not allowed to perform...

Roentgen rays or radioactive materials, electricity or cauterization for surgical purposes, provide prognostic interpretation of date, diagnose disease, impact live tissue for debridement

PTLA supervision

Direct, immediate, close proximity

PTLA practice duration

120 days

Co-sign for PTLA notes

Same day with first initial and last name. Perform weekly case conference

Foreign applicant not board approved must...

1) Provide documentation of schooling
2) Complete 9 months of supervised clinical (as PTLA)

How long can you practice in CA if licensed in another state?

60 days a year

For what reasons can you practice in CA if licensed in another state?

1) Connected with education/teaching
2) Sports team or performing arts
3) Forced to leave their state due to declared emergency

TOEFL scores

Reading and Writing = 22
Listening = 21
Speaking = 24

How can a foreign applicant (as PTLA) waive clinical requirements?

1) 3 months waived if you take a course in law and ethics
2) 1 month waived for each month of practice in another state

How many days do you have to report a change in address, name, or email?

30 days

What personal information is made available to the public?

Name and address (can be PO box), but not email.

How many days do you have to sign off on PTA notes?

7 days

When can you reinstate a license without examination if you were on active duty?

No later than 1 year after d/c

When do you have to take an examination for reinstate of license after active duty?

If application is filed > 1 year after d/c or inactive engagement in profession while on active duty

If you were being treated in a VA facility, how long will it be excluded from your license?

1 year

How long are renewal and continuing ed fees waived if in active duty?

For period of time in service

Time limit to meet all renewal requirements after active duty d/c

6 months

Time to notify board of receiving active duty d/c

60 days

Who can you refer to if you are giving direct care?

Physician, surgeon, dentist, podiatric medicine, or chiropractor

Do you have to notify the physician if a patient is receiving direct care?

Yes, with patient's written consent

Time limit for direct PT care

45 days or 12 visits, whichever occurs first

What is the process to continuing direct PT treatment when expired?

1) Request extension from physician
2) In person examination from MD

When does direct PT care rules not apply?

When providing wellness services

What notice do you have to provide to patients if giving direct care?

Oral and written notice in 14-point font

How long do you have to keep patient records?

At least 7 years. If < 18 yo (unemancipated) then until 19 years

How many PTA and PT aides can a PT supervise at the same time?

2 PTA and 1 AIDE

How many weeks required for PT clinical experience?

18

How many PTAs are allowed in a clinic?

No more than 2x the number of PTs

Supervision for PTA

Onsite and adequate supervision

Supervision for PT AIDE

Continuous, direct, immediate supervision

Supervision for PT and PTA students

Onsite and adequate supervision

Font size for name tags (students, aides, PTA)

18-point font

Co-sign notes for students

Same day, first initial and last name

Who can supervise a PTA student?

PTA can be CI, but be under PT supervision. Perform weekly case conference

Can a PTA perform standard tests and measurements?

Yes

Can a PTA collect data prior to PT evaluation?

No

PTA cannot...

Perform evaluation, re-evaluation, discharge, or progress notes.
Cannot change or establish POC

Can a PTA provide treatment if they hold a management position?

No

Can a PTA supervise a PT AIDE?

No

Can a PTA be the sole representative at a meeting with other health-care professions to assess patient's POC?

No

Non-related PT aide tasks

Observation or transport of patient
Physical support during gait or transfer
Housekeeping or clerical duties

Patient-related tasks for PT aide

PT service rendered directly to the patient, determined competency by PT

PTA education equivalents

1) Military training + 550 hours tech courses + 350 clinical experience
2) 36 months FT work (18 months in acute care) + 30 semester of instruction
3) FT work within 10 years of application with half in last 5 years + proof of completion of education + of

PT and patient interaction when delegating to an aide

Sometime during the treatment

When does a license expire?

Every 2 years on the last day of the birth month

When will the board notify you of expiring license and fee due?

60 days in advance

Max time a license can be expired before renewing

5 years

Renewal fee exemption personnels

FT training, active military, public health service, disability, providing voluntary unpaid PT services, retired licenses

How long do you have to pay renewal fees when discharged from active military?

60 days

What happens if you are discharged within 60 days of renewal period from active military?

Exempt from paying fee for that period

Initial licensing fee

$150

License application processing fee for PT/PTA / foreign

$300

Licensing issue fee

$100

Biennial renewal fee

$300

NPTE fee

$400

Law exam fee

$30

Fingerprint fee

$49

Duplicate wall certificate fee or renewal receipt

$50

Endorsement or letter of good standing fee

$60

Delinquency fee

50% of renewal fee ($150)

EMG application fee

$100

EMG exam/re-exam fee

$500

Biennial EMG renewal fee

$50

How much time do you have to pass NPTE after denial?

1 year

How much time do you have to pay the initial license fee

5 years

Processing time for PT applications

Min = 46 days
Median = 88 days
Max = 1 year

Reasons to deny a license

Conviction of a crime, fraud, falsely supporting another person's license, on certified 500 list, default on loans

When do you renew an inactive license (to keep it inactive)?

Same time as active license

What is required to restore an inactive license?

Fee and continuing ed equivalent to one renewal period 2 years prior to applying for restoration

Where does the PT board keep its' money?

State Treasury

How many does does the board have to define a service not already in play?

120 days, then if they don't respond you can practice the service your way until they do

Violation of healing arts section fee

not exceeding $10,000

Exemption from examination

Hold valid license in another state + file past work activity
(Can practice as PTLA in the meantime)

When are you not required to have a license in CA for permanent practice?

Work on federal reservation or institute or tribal health program

Who are the Board members?

4 PTs with 5 years of experience (1 can be in education) + 3 public members = all resident of CA

Restriction of public board members

Cannot be current or past licensed by the board, cannot be a family member, cannot have financial interest or professional affiliation in the last 5 years

Who has the power to remove people from the board?

Governor

Board mission statement

Promote and protect the interests of the people of CA by the effective and consistent administration of the PT practice act

When does Board term end?

every 4 years on June 1st

How many years can a board member serve?

2 consecutive terms

Who appoints the PTs and 1 public member of the board?

Governor

Who appoints the other 2 public members of the board?

Senate Rule Committee + Speaker of Assembly

How often does the board elect a president and VP?

Annually

How much do board members get compensated?

Per diem of $100 for each day spent on official duties

Duties of the board

Evaluate license applicants
Provide exams
Establish passing scores
Issue licenses
Suspend/revoke licenses
Administer cont ed
Publish annual newsletter
Provide orientation of new members
Hear all matters of a case
Participate in meetings

How many meetings will the board hold a year?

3x, 1 north, 1 south, 1 anywhere else

How many members of the board must be present for a meeting?

4/7

How many days does the board have to report fiscal admin stuff (funds, people seeking license, all transactions)

10 days

Diversion program (substance abuse) board members

3 public employees - can be someone recovering and clean for 3 years OR knowledgeable in treatment of substance abuse OR physician/surgeon certified in psychiatry

Substance abuse board member term duration

4 years

If under substance abuse, how long do you have to test negative to get your license back?

at least 30 days

How many times a week do you undergo drug testing while waiting for evaluation results?

2x/week

When do you have to report absence from a substance abuse group meeting?

within 24 hours to group leader

Random drug testing amount

Year 1 = 54-104
Year 2-5 = 36-104
After = 1x/mo if negative for last 5 years

How many meetings does the substance abuse board have to hold per year?

2 that are open to the public

Is participation in a substance abuse program confidential or public?

Confidential, not subject to discovery or subpoena

What are exceptions to substance abuse confidentiality?

Misdiagnosis, case mismanagement, non-compliance to the program

Information disclosed to public for those in diversion program

Name, whether license is restricted or inactive, detailed description of any restriction imposed

Criteria for acceptance into substance abuse program

PT/PTA resident of CA, found to abuse dangerous drugs or alcohol, voluntarily request admission, undergo medical/psychiatric exam, cooperative fully (agree in writing)

Reasons to terminate participation in substance abuse program

Complete program
Failure to comply / meet criteria
Not substantially benefiting from program

Petition to return to work in substance abuse program

Compliance, safe practice, negative drug screen for 6 months with 2 positive worksite monitor reports

Petition for reinstatement of license

Compliance, safe practice, participate in support recovery group, sobriety for 3-5 years

How many hours of continuing competency hours do you need?

30 years every 2 years

How many hours of continuing competency hours do you need as a first time license renewer?

15 if submitted prior to expiration date of original license

How many hours is 1 CEU?

10 hours

How many hours is CPR class?

4 hours

Approved methods of traditional continuing competency

Home, self-study, college coursework, course approved by provider

How long does a program have to keep course content and licensee attendance for?

7 years

How long do you have to keep your continuing competency record for?

5 years, include course, date completed, record of participation

Exemptions from continuing competency

Live in another country for > 1 year
Military service > 1 year outside CA
Physical or mental disability > 1 year

How long can you be given exemption from continuing competency?

Cannot occur for 2 consecutive periods = renew license in inactive status

How long can your license be suspended/revoked?

1 year

Violation fee for false identity

$1000 or 6 months jail

Violation fee for misdemeanor

$1000 or 6 months jail

Violation fee for sales

N/A for sales < $100
Fine $1000 or 6 months jail

Violation fee of rebate/refund/commission/article

$2,500 or 6 months jail

How many days do you have to refund a lender for treatment not rendered?

15 days

What is required in an injunction to restrain a person's conduct?

Permission from supreme court or 10+ PTs

Administrative citation cost

$100-$2500

For what reasons will you be charged $5000 for administrative citation?

Immediate threat
Multiple violation of PT practice
Violation against senior/disabled person
History of 2+ same citation

When will citations be removed from record?

5 years or from date of last citation issued within 5 year period

How many days do you have to request informal conference with EO regarding charges?

10 days - hold conference within 30 days of request with decision given within 10 days after

Fee for failure to provide medical records requested by board

$1000 per late day after 15 days

How many days do you have to notify the board of misdemeanor, felony, failure to comply with court, disciplinary matters, or reports regarding settlements?

30 days

What is a public letter of reprimand?

Used for minor violations disclosed to inquiring members of the public, posted on board website

How many days before will the board give you notice of public letter of reprimand and you have to respond?

30 days, respond in 15 days prior to issue date - if you do not agree, board can file a formal accusation

How long do you have to wait to petition for reinstatement due to unprofessional conduct?

3 years, or 2 if board approves good cause

How long do you have to wait to petition for reinstatement due to early termination?

2 years

How long do you have to wait to petition for reinstatement due to modification of probation of 3 years?

1 year

How long do you have to wait to petition for reinstatement due to mental or physical illness or modification of a condition?

1 year

What do you have to include in your petition for reinstatement or modification of a penalty?

2 recommendations from licensed PT with knowledge of the petitioner

When will a petition not be heard?

Under current sentence for criminal offense or pending accusation to revoke probation

First and second time offense fee for violation of advertisements

Fee not exceeding $50,000 and jail no more than 1 year
Second offense = imprisonment and fine of $50,000

What is considered immediate family?

spouse, children, parents, spouse of children

Unlawful referrals

to immediate family with financial benefit (5% of whole or $5000), accepting rebates without contractual agreement

How many times can a third party payer request referral information?

1x/year

Lawful referrals

Donations in health center serving medically underserved, contractual agreements, practice is within 25 miles or 40 mins without alternative practitioner (must stop within 6 months of new practitioner arrival)

Fines for over-prescribing treatment

$100-$600
60-180 days jail
No physician charged for treating intractable pain

Fines for unearned rebates, refunds, discounts

Jail no more than 1 year, fine not exceeding $50,000

How long do you have to report an injury?

Immediately by telephone and within 2 working days for writing

How long do you have to report child abuse or neglect?

Immediately by telephone and within 36 hours for written report to department of justice

Failure to report child abuse/neglect fee

$1000 or 6 months jail

Intentional failure or cover up of child abuse/neglect fee

$5000 or 1 year jail

Is a positive toxicology report child abuse or neglect?

No, but screening results are sent to the welfare office

Is a homeless child an indication of abuse or neglect?

No

How long do you have to report domestic violence or elder abuse?

Report any suspected physical injuries (even of patients transferred from another hospital) via phone and in writing within 36 hours to local police and county health department

Violation fee for not reporting domestic violence or elder abuse

6 months jail or $1000

Registered sex offenders after 2012

Promptly revoke license without reinstatement or reissuing

How many days do you have to pay off an open-end credit for a patient?

15 business days

Can you obtain a 3rd party loan for a patient?

only with their consent in 14-point type + signature

Can you establish a loan for a patient under general anesthesia?

No

PT and nutritional advice

Able to advice on food roles, ingredients, and dietary supplements. Must provide a sign if providing nutritional advice

What is the Moscone Knox-Keen Act?

Regulates and licenses managed care plans (regulates HMOs and other health plans)

How much shares can you own as a licensed person?

not more than 49%

How long can you be on the medical corporation board?

3 years

How many days do you have to transfer shares for a disqualified person?

90 days

How many days do you have to transfer shares for a deceased person?

6 months

How many days do you have to transfer shares for a deceased dentist?

1 year

Can a person who is requalified be sold back shares lost when disqualified?

yes

Grounds for suspension or revocation of certificate from professional corporation

1) If all shareholders at one time become disqualified persons
2) If sole shareholder becomes disqualified
3) Knowingly employ a disqualified person
4) Violate any government rules, regs, statutes

Non-profit public benefit law corporation

70% clients are lower income and would have no access to legal services otherwise

Is sexual activity allowed?

All patients are conclusively presumed incapable unless you are treating your spouse

How long will the board support you in financial hardship?

They will pay for 1 year max with formal agreement to reimburse them within that year

Criteria for a PT facility to supervise clinical education of foreign applicants

CSIF and Form F1B

How many days do you have to register with the board prior to an event?

90 days

How long does it take the board to give you a receipt of an event form completion?

15 days

How long do you have to make corrections to an event form?

at least 30 days prior to the event or else it is rejected

Record keeping requirements for events

physical location in CA, copy of all records and authorization for participation for any out of state practitioner for 5 years (physical or electronic form)

Process for out of state practitioner for an event in CA

$50 fee, fingerprints, background check

How long does it take for an out of state practitioner coming for an event to receive a response from CA?

20 days

Denial of authorization for out of state practitioner during an event

Incomplete form without response in 7 days
Failure to meet requirements
License not in good standing
Unable to obtain timely report of criminal history
Request received <20 days prior to event
Previously denied authorization
Participated in 3+ events duri

Time frame to appeal termination of authorization during an event

Appeal approved within 30 days and decision made 10 days after conference

Report summarizing event - time frame and inclusion

15 days
Include date of event, location, type of health care services, list of all out of state practitioner

Can PTs perform staple removal?

Yes, if trained

Can PTs debride wounds?

Yes, only nonviable tissue. PTA may assist.

Definition of wellness physical therapy

Instruction on general flexibility, strength and conditioning exercises for home or health club settings, geriatric wellness, educational programs (PROMOTE AND MAINTAIN FITNESS, NOT TREAT MEDICAL ISSUES)

Who can perform FCEs?

PT only

How long do you have to give patient copy of their records upon request?

15 days

Can a patient change inaccurate items in their record?

Yes, include addendum no more than 250 words

Can a provider summarize patient's record instead of giving exact copies?

Yes, give within 10 days no more than 30 days if lots of information

Definition of electroneuromyography

Performance of tissue penetration for evaluation NM performance including evaluation of abnormal potentials and evoked responses

Definition of kinesiological electromyogrpahy

Study, including tissue penetration, of phasic activity during individual or multiple muscles that does not evaluate specific abnormal potentials

General requirements for EMG certification

License as a PT
Training in tissue penetration
Education
Hours of experience (200 KEMG + 50 exams; 400 ENMG + 200 exams)

When do you renew EMG certification?

Same time as PT license

Allowable topical medication areas

Skin, underlying tissues where there is a break or absence of skin

Topical meds prescription from physicians

Written protocol, indications, contraindications, side effects, and procedures

Administration of topical medications

Direct, iontophoresis, phonophoresis

Authorized topical medications

Bacteriocidal, debriding, topical anesthetics, anti-inflammatories, antispasmodic, adrenocortical steroids