URGENT NOTICE TO ALL APPLICANTS Effective immediately, a change has been made to the licensure and certification processes in Arizona. Beginning May 2, 2017, a legislative change to A.R.S. §32-2022 requires that all initial applicants for licensure as a physical therapist and certification as a physical therapist assistant obtain and provide a valid Arizona Fingerprint Clearance Card issued by the Department of Public Safety as an application requirement. The change in qualification requirements impacts all applications received on or after May 2, 2017, and all pending applications for which a license or certificate has not yet been issued even if the application has received contingent approval from the Board. In addition, approval for testing on the National Physical Therapy Examination (NPTE) and the AZLAW examinations requires the Board of Physical Therapy have a copy of a valid fingerprint clearance card before approving applicants to test. If you hold a valid Arizona Fingerprint Clearance Card and have an application pending before the Board please immediately send a copy of the card to the Board Office to comply with the new law. If you do not hold a valid Arizona Fingerprint Clearance Card please follow the instructions below. The Department of Public Safety is now accepting applications for finger print clearance cards. However, you may need to request a temporary addendum to the fingerprint clearance card application. You must hold a valid Fingerprint Clearance Card. (A.R.S. §32-2022) a. If you have a valid Arizona Fingerprint Clearance Card, submit a photocopy of the front and back of the card to the Board. If you forward the copy of the card electronically, please ensure it is in a PDF format. b. If you do not have a valid Arizona Fingerprint Clearance Card obtain a valid Arizona Fingerprint Clearance Card from the Department of Public Safety. There is currently not a projected date when the Department of Public Safety will begin to accept applications from physical therapy and physical therapist assistant applicants. i. To obtain an Arizona Fingerprint Clearance Card, you may apply online at http://fieldprintarizona.com if you are in state. OR ii. If you are out of state or do not have access to an internet connected device contact the Arizona Department of Public Safety (DPS) for a Fingerprint Clearance Card application packet. You may contact them by either calling 602.223.2279 or faxing your request to 602.223.2947. DPS office hours are Monday through Friday, 8:00 am to 5:00 pm. iii. On either Fingerprint Clearance Card application select Paid Employee and the appropriate statutory authority. ARS § 32-2022 iv. For more information, please review DPS Fingerprint Clearance Card Frequently Asked Questions at http://www.azdps.gov/services/fingerprint/
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Urgent Notice Fingerprint Clearance Card Requirement
Review of Regulations; Stakeholder Input 2017
FROM: Charles Brown, Executive Director
TO: PHYSICAL THERAPY REGULATED COMMUNITY & STAKEHOLDERS
Dear Interested Stakeholder,
“Regulation Rollback” is a strategic step in our state’s ongoing work to make Arizona the best state in the nation for businesses and consumers alike.
We’ve made great progress in growing our economy and streamlining state government over the past two years. We still have a lot of work to do to make sure outdated regulations aren’t slowing us down.
No longer will regulations remain in place “just because they’re on the books and nobody’s bothered to change them.”
“Regulation Rollback” is offering a new online service to crowd source recommendations on how to update Arizona’s regulatory system.
At Redtape.AZ.gov, associations, organizations, and individuals across the state can recommend ways to improve or eliminate outdated regulations.
We need your help. You are the experts. Visit this portal for your opportunity to provide specific input to the Governor’s office on an outdated rule or regulation that stifles Arizona’s consumers and job creators.
Submit your suggestions here: www.Redtape.AZ.gov
In addition, the Arizona Board of Physical Therapy is conducting a survey on the rules specifically related to the Practice of Physical Therapy in Arizona. The Rules are divided between the five surveys below. You may complete just one or all of the surveys.
Article 2: Licensing Provisions
Article 3: Practice of Physical Therapy
Article 4: Continuing Competence
Article 5: Public Participation Procesures
We thank you for your help in highlighting ways to improve state government and to better serve Arizonans.
Attorney General Opinon
On December 2, 2015 Attorney General, Mark Brnovich issued an opinion related to A.R.S. § 32-2042(C)(D).
No. I15-012 (R15-015) Re: Are chiropractors, their profession or any other profession or individual exempt from the title and term protection granted to physical therapists under A.R.S. § 32-2042(C)(D).
Questions Presented
You have asked whether chiropractors and others are prohibited from using the word “physiotherapy” and other terms that are restricted to services provided by or under the direction of a licensed physical therapist pursuant to Arizona Revised Statutes (“A.R.S.”) § 32-2042 (C) and (D).
Summary Answer
Everyone in Arizona, including chiropractors, is subject to the prohibition in Section 32-2042 on the use of the word “physiotherapy” and other words, abbreviations or insignia indicating or implying directly or indirectly that physical therapy is provided or supplied, including the billing of services labeled as physical therapy, unless those services are provided by or under the direction of a licensed physical therapist.
Board Action on Dry Needling; SB 1154; Rules
In accordance with legislative directives in SB 1154 passed by the Legislature and signed by the Governor in 2014, the Board of Physical Therapy has drafted rules to set standards of education and training for the intervention "Dry Needling". The Board requested public comment from April 2, 2015 to May 2, 2015. The results of the survey can be downloaded below.
The Board reviewed the survey results at the Board's May 19, 2015 Board Meeting.The following rules were adopted May 19, 2015 and are being processed for publication with an effective date of July 1, 2015.
RULES:
A.A.C. R4-24-313: PROFESSIONAL STANDARDS OF CARE AND TRAINING AND EDUCATION QUALIFICATIONS FOR DELIVERY OF DRY NEEDLING SKILLED INTERVENTION
A. EFFECTIVE JULY 1, 2015 AND IN ACCORDANCE WITH A.R.S. §32-2044(25), A PHYSICAL THERAPIST SHALL MEET THE QUALIFICATIONS ESTABLISHED IN PARAGRAPH (C) BEFORE PROVIDING THE SKILLED INTERVENTION “DRY NEEDLING”, AS DEFINED IN A.R.S. §32-2001(4).
B. A PHYSICAL THERAPIST OFFERING TO PROVIDE OR PROVIDING “DRY NEEDLING” INTERVENTION SHALL PROVIDE DOCUMENTED PROOF OF COMPLIANCE WITH THE QUALIFICATIONS LISTED IN PARAGRAPH (C) TO THE BOARD WITHIN 30 DAYS OF COMPLETION OF THE COURSE CONTENT IN PARAGRAPH (C) OR WITHIN 30 DAYS OF INITIAL LICENSURE AS A PHYSICAL THERAPIST IN ARIZONA.
C. COURSE CONTENT THAT MEETS THE TRAINING AND EDUCATION QUALIFICATIONS FOR “DRY NEEDLING” SHALL CONTAIN ALL OF THE FOLLOWING:
1. THE COURSE CONTENT SHALL BE APPROVED BY ONE OR MORE OF THE FOLLOWING ENTITIES PRIOR TO THE COURSE(S) BEING COMPLETED BY THE PHYSICAL THERAPIST.
a. COMMISSION ON ACCREDITATION IN PHYSICAL THERAPY EDUCATION,
b. AMERICAN PHYSICAL THERAPY ASSOCIATION,
c. STATE CHAPTERS OF THE AMERICAN PHYSICAL THERAPY ASSOCIATION,
d. SPECIALTY GROUPS OF THE AMERICAN PHYSICAL THERAPY ASSOCIATION, OR
e. THE FEDERATION OF STATE BOARDS OF PHYSICAL THERAPY.
2. THE COURSE CONTENT SHALL INCLUDE THE FOLLOWING COMPONENTS OF EDUCATION AND TRAINING:
a. STERILE NEEDLE PROCEDURES TO INCLUDE ONE OF THE FOLLOWING STANDARDS:
i. THE U.S. CENTERS FOR DISEASE CONTROL AND PREVENTION, OR
ii. THE U.S. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
b. ANATOMICAL REVIEW,
c. BLOOD BORNE PATHOGENS
d. CONTRAINDICATIONS AND INDICATIONS FOR “DRY NEEDLING”,
3. THE COURSE CONTENT REQUIRED IN PARAGRAPH (C) OF THIS SECTION SHALL INCLUDE, BUT IS NOT LIMITED TO, PASSING OF BOTH A WRITTEN EXAMINATION AND PRACTICAL EXAMINATION BEFORE COMPLETION OF THE COURSE CONTENT. PRACTICE APPLICATION COURSE CONTENT AND EXAMINATIONS SHALL BE DONE IN PERSON TO MEET THE QUALIFICATIONS OF PARAGRAPH C.
4. THE COURSE CONTENT REQUIRED IN PARAGRAPH (C) OF THIS SECTION SHALL TOTAL A MINIMUM OF 24 CONTACT HOURS OF EDUCATION.
D. THE STANDARD OF CARE FOR THE INTERVENTION “DRY NEEDLING” INCLUDES, BUT IS NOT LIMITED TO THE FOLLOWING:
1. “DRY NEEDLING” CANNOT BE DELEGATED TO ANY ASSISTIVE PERSONNEL.
2. CONSENT FOR TREATMENT FOR THE INTERVENTION “DRY NEEDLING” IS THE SAME AS REQUIRED UNDER A.A.C. R4-24-301.
3. DOCUMENTATION OF THE INTERVENTION “DRY NEEDLING” SHALL BE DONE IN ACCORDANCE WITH A.A.C. R4-24-304.
In addition to the above changes, A.A.C. R4-24-208 will be updated to require all physical therapists to state on their license renewals if they have completed Dry Needling training in accordance with the above standards.
Board Action on Dry Needling; SB 1154
Dry Needling Update
On July 24, 2014, the provisions of SB 1154 become law in Arizona. The bill has several components and time frames that impact the profession. Physical therapists in Arizona should understand all of the components of SB 1154 before determining how it may impact their practice and place of employment. If you have any questions regarding dry needling or the implementation of SB 1154, please contact Charles Brown, Executive Director at [email protected] or (602) 274-1088.
Major Parts of SB 1154:
- The Legislature has established a definition of dry needling for physical therapists. (A.R.S. §32-2001(4) The definition is effective July 24, 2014 and provides as follows:
"DRY NEEDLING" MEANS A SKILLED INTERVENTION PERFORMED BY A PHYSICAL
THERAPIST THAT USES A THIN FILIFORM NEEDLE TO PENETRATE THE SKIN AND
STIMULATE UNDERLYING NEURAL, MUSCULAR AND CONNECTIVE TISSUES FOR THE
EVALUATION AND MANAGEMENT OF NEUROMUSCULOSKELETAL CONDITIONS, PAIN AND MOVEMENT IMPAIRMENTS.
- Effective July 1, 2015, failing to demonstrate professional standards in training and education by a physical therapist, as established by the Board in rule, in the performance of dry needling is grounds for disciplinary action. (A.R.S. §32-2044(25)
- No later than July 1, 2015, the Board must establish professional standards of training and education in rule. The Board is exempt from the rulemaking requirements of title 41, chapter 6, Arizona Revised Statutes, Administrative Procedures, for one year.
- A licensed physical therapist in Arizona who was performing dry needling as a therapeutic modality before January 1, 2014 may continue to perform dry needling. Once the Board adopts rules establishing the standards of care and training and education qualifications, licensees will be required to meet the standards of care, and training and education qualifications in order to continue providing such therapeutic modalities. Any licensee who began performing dry needling after January 1, 2014, must cease and desist providing such therapeutic modalities until the licensee meets the standards of care, and training and education qualifications, as adopted by the board.
Current Activity:
- The Board is currently reviewing general categories of standards in education and training required in other jurisdictions for dry needling.
- Following the Board’s review of education and training in other jurisdictions, the Board will initiate a public process to receive input on possible standards of education and training from interested stakeholders. Any proceeding related to Dry Needling will be public and allow for input as the Board works to create the new standards.
- Once draft rules have been written, the Board will release the draft rules with sufficient time to receive additional input and allow for possible changes before publishing of any final rules.
Additional Information:
- SB 1154 in no way allows a physical therapist to practice acupuncture, or use the terms acupuncture or acupressure unless the physical therapist also holds a licensure to practice acupuncture in Arizona.
- If a physical therapist chooses to undergo training or education in dry needling between January 1, 2014 and July 1, 2015, the physical therapist should be aware that the education may not meet the standards the Board is currently creating in rule.
- If a physical therapist practices dry needling in violation of the provisions detailed in SB 1154, the Board may take action to include investigation and discipline of the physical therapist’s license.
- The Board will investigate standard of care violations related to dry needling while the new standards of education and training are in development. Any violation of standards of care may result in discipline under A.R.S. §32-2044(4) and A.R.S §32-2047.
- Only a physical therapist may perform dry needling in accordance with A.R.S. §32-2001(4). (Effective July 24, 2014). No provision in SB 1154 allows a physical therapist to delegate a dry needling intervention to assistive personnel.
