CHAPTER 36-10
PHYSICAL THERAPISTS
36-10-1 36-10-1 to 36-10-17. Repealed by SL 1972, ch 205, § 31.
36-10-17.1 Physical Therapist Licensure Compact.
36-10-18 Definitions.
36-10-18.1 Practice of physical therapy--Description.
36-10-18.2 Repealed.
36-10-18.3 State Board of Physical Therapy--Creation.
36-10-18.4 State Board of Physical Therapy--Membership.
36-10-18.5 State Board of Physical Therapy--Terms--Vacancy.
36-10-18.6 State Board of Physical Therapy--Member removal.
36-10-18.7 State Board of Physical Therapy--Officers--Meetings.
36-10-18.8 State Board of Physical Therapy--Compensation--Reimbursement for expenses.
36-10-18.9 State Board of Physical Therapy--Board member immunity.
36-10-19 Repealed.
36-10-20 36-10-20. Repealed by SL 2005, ch 199, § 26.
36-10-21 Repealed.
36-10-22 36-10-22. Repealed by SL 2005, ch 199, § 27.
36-10-24 Unlicensed practice or use of title as misdemeanor.
36-10-25 Other practitioners--Scope of practice.
36-10-26 Prior licensees deemed licensed.
36-10-27 Application for licensure--Fee--Promulgation of rules.
36-10-27.1 Criminal background check.
36-10-28 36-10-28. Repealed by SL 2017, ch 173, § 5.
36-10-29 Issuance of license.
36-10-30 Licensure without examination--Requirements.
36-10-31 Licensure by reciprocity--Authorization.
36-10-32 Licensure by reciprocity--Application--Fee--Promulgation of rules.
36-10-33 Licensure expiration--Renewal--Fee--Promulgation of rules--Forfeiture.
36-10-34 36-10-34. Repealed by SL 1986, ch 27, § 42.
36-10-35 36-10-35. Repealed by SL 1986, ch 308.
36-10-35.1 Physical therapist assistant--Licensure--Fee--Promulgation of rules.
36-10-35.2 Physical therapist assistant--Licensure expiration and renewal.
36-10-35.3 36-10-35.3. Repealed by SL 1996, ch 231, § 9.
36-10-35.4 36-10-35.4 to 36-10-35.6. Repealed by SL 1996, ch 231, §§ 11 to 13.
36-10-35.7 Approved tasks for physical therapist assistant--Exclusions.
36-10-35.8 Supervision of physical therapist assistant.
36-10-35.9 Standards of supervision.
36-10-36 Promulgation of rules--Licensure--Fees--Discipline--Supervision--Continuing education.
36-10-37 Repealed.
36-10-38 Licensure denial--Grounds.
36-10-39 Licensure suspension or revocation--Grounds.
36-10-40 Unprofessional or dishonorable conduct.
36-10-41 Action on license--Initiation of proceedings.
36-10-43 Action on license--Quorum requirement.
36-10-44 Procedure on cancellation, revocation or suspension.
36-10-45 Action on license--Vote requirement.
36-10-46 Appeal from decision of board.
36-10-47 Licensure reinstatement.
36-10-48 Injunction--Election of remedy.
36-10-49 Investigation of violations.
36-10-50 Prior license accepted.
36-10-51 Continuing education--Requirements--Waiver.
36-10-52 Dry needling authorized--Description--Promulgation of rules.
36-10-53 State Board of Physical Therapy licensure fund--Continuous appropriation.
36-10-17.1 . Physical Therapist Licensure Compact.
The Physical Therapy Licensure Compact is enacted into law and entered into with all other jurisdictions that legally join the compact, which is substantially as follows:
PHYSICAL THERAPY LICENSURE COMPACT
SECTION 1. PURPOSE
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 the public’s 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; and
6. Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state’s practice standards.
SECTION 2. DEFINITIONS
As used in this Compact, and except as otherwise provided, the following definitions shall apply:
1. "Active Duty Military" means 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. Section 1209 and 1211.
2. "Adverse Action" means disciplinary action taken by a physical therapy licensing board based upon misconduct, unacceptable performance, or a combination of both.
3. "Alternative Program" means a non-disciplinary monitoring or practice remediation process approved by a physical therapy licensing board. This includes, but is not limited to, substance abuse issues.
4. "Compact privilege" means 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.
5. "Continuing competence" means a requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work.
6. "Data system" means a repository of information about licensees, including examination, licensure, investigative, compact privilege, and adverse action.
7. "Encumbered license" means a license that a physical therapy licensing board has limited in any way.
8. "Executive Board" means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission.
9. "Home state" means the member state that is the licensee's primary state of residence.
10. "Investigative information" means information, records, and documents received or generated by a physical therapy licensing board pursuant to an investigation.
11. "Jurisprudence Requirement" means the assessment of an individual's knowledge of the laws and rules governing the practice of physical therapy in a state.
12. "Licensee" means an individual who currently holds an authorization from the state to practice as a physical therapist or to work as a physical therapist assistant.
13. "Member state" means a state that has enacted the Compact.
14. "Party state" means any member state in which a licensee holds a current license or compact privilege or is applying for a license or compact privilege.
15. "Physical therapist" means an individual who is licensed by a state to practice physical therapy.
16. "Physical therapist assistant" means an individual who is licensed/certified by a state and who assists the physical therapist in selected components of physical therapy.
17. "Physical therapy," "physical therapy practice," and "the practice of physical therapy" mean the care and services provided by or under the direction and supervision of a licensed physical therapist.
18. "Physical Therapy Compact Commission" or "Commission" means the national administrative body whose membership consists of all states that have enacted the Compact.
19. "Physical therapy licensing board" or "licensing board" means the agency of a state that is responsible for the licensing and regulation of physical therapists and physical therapist assistants.
20. "Remote State" means a member state other than the home state, where a licensee is exercising or seeking to exercise the compact privilege.
21. "Rule" means a regulation, principle, or directive promulgated by the Commission that has the force of law.
22. "State" means any state, commonwealth, district, or territory of the United States of America that regulates the practice of physical therapy.
SECTION 3. STATE PARTICIPATION IN THE COMPACT
A. To participate in the Compact, a state must:
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 Section 3.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; and
7. Have continuing competence requirements as a condition for license renewal.
B. Upon adoption of this statute, 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 42 U.S.C. §14616.
C. 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.
D. Member states may charge a fee for granting a compact privilege.
SECTION 4. COMPACT PRIVILEGE
A. To exercise the compact privilege under the terms and provisions of the Compact, the licensee shall:
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 Section 4D, G and H;
4. Have not had any adverse action against any license or compact privilege within the previous 2 years;
5. Notify the Commission that the licensee is seeking the compact privilege within a remote state(s);
6. Pay any applicable fees, including any state fee, for the compact privilege;
7. Meet any jurisprudence requirements established by the remote state(s) in which the licensee is seeking a compact privilege; and
8. Report to the Commission adverse action taken by any non-member state within 30 days from the date the adverse action is taken.
B. The compact privilege is valid until the expiration date of the home license. The licensee must comply with the requirements of Section 4.A. to maintain the compact privilege in the remote state.
C. A licensee providing physical therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.
D. A licensee providing physical therapy in a remote state is subject to that state’s regulatory authority. A remote state may, in accordance with due process and that state’s laws, remove a licensee’s compact privilege in the remote state for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens. 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.
E. If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur:
1. The home state license is no longer encumbered; and
2. Two years have elapsed from the date of the adverse action.
F. Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of Section 4A to obtain a compact privilege in any remote state.
G. If a licensee’s compact privilege in any remote state is removed, the individual shall lose the compact privilege in any remote state until the following occur:
1. The specific period of time for which the compact privilege was removed has ended;
2. All fines have been paid; and
3. Two years have elapsed from the date of the adverse action.
H. Once the requirements of Section 4G have been met, the license must meet the requirements in Section 4A to obtain a compact privilege in a remote state.
SECTION 5. 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:
1. Home of record;
2. Permanent Change of Station (PCS); or
3. State of current residence if it is different than the PCS state or home of record.
SECTION 6. ADVERSE ACTIONS
A. A home state shall have exclusive power to impose adverse action against a license issued by the home state.
B. A home state may take adverse action based on the investigative information of a remote state, so long as the home state follows its own procedures for imposing adverse action.
C. 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 must 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.
D. Any member state may investigate actual or alleged violations of the statutes 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.
E. A remote state shall have the authority to:
1. Take adverse actions as set forth in Section 4.D. 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, and/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 and/or evidence are located; and
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.
F. 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.
SECTION 7. ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT COMMISSION.
A. The Compact member states hereby create and establish a joint public agency known as the Physical Therapy Compact Commission:
1. The Commission is an instrumentality of the Compact 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.
B. Membership, Voting, and Meetings
1. Each member state shall have and be limited to one (1) 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 (1) vote with regard to the promulgation 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.
C. The Commission shall have 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 the provisions of this Compact and the bylaws;
5. Promulgate 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 the 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 and/or conflict of interest;
11. Lease, purchase, accept appropriate gifts or donations of, or otherwise to 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; and
18. Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of physical therapy licensure and practice.
D. The Executive Board
The Executive Board shall have the power to act on behalf of the Commission according to the terms of this Compact.
1. The Executive Board shall be composed of nine members:
a. Seven voting members who are elected by the Commission from the current membership of the Commission;
b. One ex-officio, nonvoting member from the recognized national physical therapy professional association; and
c. One ex-officio, nonvoting member from the recognized membership organization of the physical therapy licensing boards.
2. The ex-officio members will be selected by their respective organizations.
3. The Commission may remove any member of the Executive Board as provided in bylaws.
4. The Executive Board shall meet at least annually.
5. The Executive Board shall have the following duties and responsibilities:
a. Recommend to the entire Commission changes to the rules or bylaws, changes to this Compact legislation, fees paid by Compact member states such as annual dues, and any commission Compact fee charged to licensees for the compact privilege;
b. Ensure Compact administration services are appropriately provided, contractual or otherwise;
c. Prepare and recommend the budget;
d. Maintain financial records on behalf of the Commission;
e. Monitor Compact compliance of member states and provide compliance reports to the Commission;
f. Establish additional committees as necessary; and
g. Other duties as provided in rules or bylaws.
E. 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 9.
2. The Commission or the Executive Board or other committees of the Commission may convene in a closed, non-public meeting if the Commission or Executive Board or other committees of the Commission must discuss:
a. Non-compliance of a member state with its obligations under the Compact;
b. 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;
c. Current, threatened, or reasonably anticipated litigation;
d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;
e. Accusing any person of a crime or formally censuring any person;
f. Disclosure of trade secrets or commercial or financial information that is privileged or confidential;
g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
h. Disclosure of investigative records compiled for law enforcement purposes;
i. 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; or
j. 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 provision, 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 therefor, including a description of the views expressed. All documents considered in connection with an action shall be identified in such 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.
F. 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 on 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 to be determined by the Commission, which shall promulgate a rule 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. However, 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.
G. 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 paragraph shall be construed to protect any such person from suit and/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 herein 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 that person’s intentional or willful or wanton misconduct.
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.
SECTION 8. DATA SYSTEM
A. 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 licensed individuals in member states.
B. 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 individuals to whom this Compact is applicable as required by the rules of the Commission, including:
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(s) for such denial; and
6. Other information that may facilitate the administration of this Compact, as determined by the rules of the Commission.
C. Investigative information pertaining to a licensee in any member state will only be available to other party states.
D. 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 will be available to any other member state.
E. 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.
F. 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.
SECTION 9. RULEMAKING
A. 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.
B. 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 the Compact within 4 years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.
C. Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.
D. Prior to promulgation and adoption of a final rule or rules by the Commission, and at least thirty (30) days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking:
1. On the website of the Commission or other publicly accessible platform; and
2. On 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.
E. The Notice of Proposed Rulemaking shall include:
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;
3. A request for comments on the proposed rule from any interested person; and
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.
F. 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.
G. The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:
1. At least twenty-five (25) persons;
2. A state or federal governmental subdivision or agency; or
3. An association having at least twenty-five (25) members.
H. 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 (5) 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 will be recorded. A copy of the recording will 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.
I. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.
J. If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing.
K. The Commission shall, by majority vote of all members, 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.
L. 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 the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:
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 promulgation of an administrative rule that is established by federal law or rule; or
4. Protect public health and safety.
M. 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 thirty (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 will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.
SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
A. 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 Compact’s purposes and intent. The provisions of this Compact and the rules promulgated hereunder shall have standing as statutory law.
2. All courts shall take judicial notice of the 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 such proceeding and shall have standing to intervene in such 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 promulgated rules.
B. 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 the promulgated rules, the Commission shall:
a. Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default and/or any other action to be taken by the Commission; and
b. 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 such litigation, including reasonable attorney’s fees.
C. 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 promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
D. 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 the provisions of the Compact and its promulgated 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 such 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.
SECTION 11. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR PHYSICAL THERAPY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
A. The 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 promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact.
B. Any state that joins the 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 the 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 the Compact becomes law in that state.
C. 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 (6) 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 act prior to the effective date of withdrawal.
D. 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 the provisions of this Compact.
E. 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.
SECTION 12. 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.
Source: SL 2020, ch 157, § 1.
36-10-18. Definitions.
Terms used in §§ 36-10-18.1 through 36-10-52 mean:
(1) "Physical therapist," a person who is licensed or has obtained a compact privilege to practice physical therapy;
(2) "Physical therapist assistant," a person who is licensed or has obtained a compact privilege to assist in providing physical therapy under the supervision of a physical therapist; and
(3) "Supervision," the responsibility of a physical therapist to observe, direct, and review the work, records, and practice of a physical therapist assistant permitted by § 36-10-35.7, to ensure that the physical therapist assistant renders good and safe treatment to the patient.
Source: SL 1955, ch 96, § 1; SDC Supp 1960, § 27.09A01; SDCL § 36-10-1; SL 1972, ch 205, § 1; SL 1978, ch 270, § 1; SL 1996, ch 231, § 1; SL 2017, ch 173, § 1; SL 2020, ch 157, § 3; SL 2022, ch 148, § 1; SL 2023, ch 136, § 1.
36-10-18.1. Practice of physical therapy--Description.
The practice of physical therapy is the examination and evaluation of a patient with a mechanical, physiological, or developmental impairment, a functional limitation, a disability, or other similar condition to:
(1) Determine a diagnosis, prognosis, and therapeutic intervention;
(2) Alleviate any impairment or functional limitation by designing, implementing, and modifying therapeutic interventions that include therapeutic exercise, functional training in community or work reintegration, manual therapy techniques including soft tissue and joint mobilization, assistive and adaptive devices and equipment, bronchopulmonary hygiene, debridement and wound care, physical agents and mechanical modalities, therapeutic massage, electrotherapeutic modalities, and patient-related instruction;
(3) Prevent injury, impairment, functional limitation, and disability through the promotion and maintenance of fitness, health, and quality of life, in all age populations; and
(4) Provide consultation, education, and research.
Source: SL 1996, ch 231, § 2; SL 2020, ch 157, § 4; SL 2023, ch 136, § 2.
36-10-18.3. State Board of Physical Therapy--Creation.
The State Board of Physical Therapy is created within the Department of Health.
The board shall:
(1) Exercise all statutorily prescribed functions and administrative functions; and
(2) Provide records, information, and reports to the secretary of the department, at the time and in the manner requested by the secretary.
Source: SL 2023, ch 136, § 3.
36-10-18.4. State Board of Physical Therapy--Membership.
The State Board of Physical Therapy consists of:
(1) Four persons who are licensed to practice physical therapy in this state and have practiced physical therapy in this state for a period of five years immediately preceding the appointment;
(2) One person who is licensed as a physical therapist assistant in this state; and
(3) Two persons who are representatives of the public and have no association with or financial interest in the provision of health care.
The Governor shall appoint each member of the board.
Source: SL 2023, ch 136, § 4.
36-10-18.5. State Board of Physical Therapy--Terms--Vacancy.
The term of office for each member of the State Board of Physical Therapy is four years and begins on July first. The Governor shall stagger the initial terms so that no more than two terms expire each year.
If a member's office is vacant, the Governor shall appoint a new member to complete the unexpired term.
A member may not serve for more than two consecutive full terms. A member who is appointed to fill an unexpired term is not considered to have served a full term, unless the duration of that service exceeds two years.
Source: SL 2023, ch 136, § 5.
36-10-18.6. State Board of Physical Therapy--Member removal.
The Governor may remove a member of the State Board of Physical Therapy for misconduct, incompetence, or neglect of duty.
The Governor shall remove a member who ceases to possess the qualifications required by § 36-10-18.4.
Source: SL 2023, ch 136, § 6.
36-10-18.7. State Board of Physical Therapy--Officers--Meetings.
Annually, the State Board of Physical Therapy shall elect one member to serve as the chair and one member to serve as the vice-chair. The annual meeting and any other meetings of the board must be at a time and place designated by the chair or by a majority of the members.
Source: SL 2023, ch 136, § 7.
36-10-18.8. State Board of Physical Therapy--Compensation--Reimbursement for expenses.
Each member of the State Board of Physical Therapy is entitled to receive per diem compensation and reimbursement for expenses, as provided for in § 4-7-10.4, if the member is performing duties as directed by the board.
Source: SL 2023, ch 136, § 8.
36-10-18.9. State Board of Physical Therapy--Board member immunity.
Each member of the State Board of Physical Therapy is immune from personal liability for any act or omission in the discharge of the member's responsibilities. The state shall hold the board, its members, and its agents harmless from all costs, damages, and attorney fees arising out of claims and suits against them, with respect to the discharge of their responsibilities.
Source: SL 2023, ch 136, § 9.
36-10-19. Repealed.
Source: SL 1955, ch 96, § 6; SDC Supp 1960, § 27.09A06; SDCL § 36-10-7; SL 1972, ch 205, § 6; SL 2005, ch 199, § 25; SL 2017, ch 173, § 2; SL 2020, ch 167, § 5; SL 2023, ch 136, § 36.
36-10-24. Unlicensed practice or use of title as misdemeanor.
It is a Class 2 misdemeanor for any person not licensed under this chapter as a physical therapist or as a physical therapist assistant, or whose license has been suspended or revoked, or whose licensure has lapsed, to engage in the practice of physical therapy, unless exempt under the provisions of this chapter or, use in connection with their name the words or letters L.P.T., Licensed Physical Therapist; D.P.T., Doctor of Physical Therapy; L.P.T.A., Licensed Physical Therapist Assistant; Physical Therapist; Physio Therapist; or any other letters, words, or insignia indicating or implying that the person is a physical therapist or a physical therapist assistant.
Source: SL 1955, ch 96, § 10; SDC Supp 1960, § 27.9956; SDCL § 36-10-2; SL 1972, ch 205, § 28; SL 1977, ch 190, § 159; SL 1978, ch 270, § 8; SL 1996, ch 231, § 4; SL 2017, ch 173, § 3.
36-10-25. Other practitioners--Scope of practice.
Persons licensed under this title, while practicing within the limits of their licensure, are not prohibited from doing so by this chapter.
Source: SL 1955, ch 96, § 10; SDC Supp 1960, § 27.9956; SDCL, § 36-10-3; SL 1972, ch 205, § 25; SL 2023, ch 136, § 10.
36-10-26. Prior licensees deemed licensed.
Persons holding licenses to practice physical therapy in South Dakota on July 1, 1972 shall be deemed licensed under this chapter, and entitled to renew the same.
Source: SL 1972, ch 205, § 11.
36-10-27. Application for licensure--Fee--Promulgation of rules.
A person seeking licensure to practice physical therapy in this state shall:
(1) File a written application with the State Board of Physical Therapy;
(2) Submit an application fee in an amount established by the board, in rule pursuant to chapter 1-26, but not exceeding three hundred dollars;
(3) Present evidence satisfactory to the board that the applicant is of good moral character; and
(4) Present evidence satisfactory to the board that the applicant has graduated from a physical therapy program accredited by an accrediting body recognized by the United States Department of Education or by the Commission on Recognition of Postsecondary Accreditation or present evidence satisfactory to the board that:
(a) The applicant completed a course of professional instruction equivalent to an approved program accredited by an accrediting body recognized by the United States Department of Education or the Commission on Recognition of Postsecondary Accreditation; and
(b) The applicant has scored at least five hundred fifty on the TOEFL, obtained a passing score on a comparative nationally recognized examination approved by the board, or completed two years of secondary or postsecondary education in any educational institution in which the instruction is conducted in English.
Source: SL 1955, ch 96, § 3; SDC Supp 1960, § 27.09A03; SDCL § 36-10-4; SL 1972, ch 205, § 2; SL 1988, ch 300, § 1; SL 1996, ch 231, § 5; SL 2017, ch 173, § 4; SL 2023, ch 136, § 11.
36-10-27.1. Criminal background check.
In addition to the requirements in §§ 36-10-27 and 36-10-35.1, an applicant for licensure shall submit to the State Board of Physical Therapy a full set of the applicant’s fingerprints in a form and manner prescribed by the board. The board shall deliver the fingerprints to the Division of Criminal Investigation to conduct a state and federal criminal background check by the division and the Federal Bureau of Investigation. The applicant shall sign a release of information to the board and pay any fees for the background check, including fingerprinting.
Upon completion of the background check, the division shall deliver to the board the applicant's criminal background information. The board shall consider this information in determining whether to issue a license to the applicant. The board may not issue a license to the applicant before receiving this information.
The board may not disseminate an applicant’s criminal background information to any person outside the board.
The board may require any licensee who is the subject of a disciplinary investigation by the board to submit to a state and federal criminal background check.
The board may deny the issuance of a license or suspend or revoke a license for failure to submit to or cooperate with a criminal background check.
Source: SL 2020, ch 157, § 2; SL 2023, ch 136, § 12.
36-10-29. Issuance of license.
The State Board of Physical Therapy shall issue a license to each applicant who:
(1) Has passed a national examination, recognized by the board, with a grade acceptable to the board; and
(2) Meets the requirements for licensure under this chapter and rules promulgated by the board.
Source: SL 1955, ch 96, § 7; SDC Supp 1960, § 27.09A07; SDCL § 36-10-11; SL 1972, ch 205, § 4; SL 2017, ch 173, § 6; SL 2023, ch 136, § 13.
36-10-30. Licensure without examination--Requirements.
The State Board of Physical Therapy may, without examination, issue a license to any applicant who:
(1) Is registered by the Federation of State Boards of Physical Therapy; or
(2) Has passed a national examination recognized by the board, with a grade acceptable to the board, and meets the requirements for licensure under this chapter and rules promulgated by the board.
Source: SL 1972, ch 205, § 5; SL 2017, ch 173, § 7; SL 2023, ch 136, § 14.
36-10-31. Licensure by reciprocity--Authorization.
The State Board of Physical Therapy may, without examination, issue a license to any applicant who holds a license or certificate issued by a board empowered by law to issue a license to practice physical therapy in the District of Columbia or any state or territory in the United States, if the requirements for licensure of physical therapists in that state or territory were, at the date of issuance, substantially equal to the requirements set forth in this chapter.
Source: SL 1955, ch 96, § 5; SDC Supp 1960, § 27.09A05; SDCL, § 36-10-9; SL 1972, ch 205, § 5; SL 2023, ch 136, § 15.
36-10-32. Licensure by reciprocity--Application--Fee--Promulgation of rules.
A person seeking licensure by reciprocity shall:
(1) Apply to the State Board of Physical Therapy, using a form provided by the board;
(2) Provide the evidence required by this chapter and rules of the board; and
(3) Submit an application fee, in an amount established by the board, in rule pursuant to chapter 1-26, but not exceeding three hundred dollars.
Source: SL 1972, ch 205, § 5; SL 1988, ch 300, § 3; SL 2023, ch 136, § 16.
36-10-33. Licensure expiration--Renewal--Fee--Promulgation of rules--Forfeiture.
A license issued by the State Board of Physical Therapy, pursuant to this chapter, expires on January first of the second year following its issuance. A license may be renewed upon payment of a fee, in an amount established by the board, in rule pursuant to chapter 1-26, but not exceeding three hundred dollars.
Failure of a licensee to renew the license on or before July first of the second year following issuance constitutes a forfeiture of the license.
Source: SL 1955, ch 96, § 8; SDC Supp 1960, § 27.09A08; SDCL § 36-10-13; SL 1972, ch 205, § 14; SL 1988, ch 300, § 4; SL 1999, ch 190, § 3; SL 2008, ch 191, § 24; SL 2017, ch 173, § 8; SL 2023, ch 136, § 17.
36-10-35.1. Physical therapist assistant--Licensure--Fee--Promulgation of rules.
A person seeking licensure as a physical therapist assistant shall:
(1) Apply to the State Board of Physical Therapy;
(2) Submit an application fee in an amount established by the board, in rule pursuant to chapter 1-26, but not exceeding three hundred dollars; and
(3) Present evidence satisfactory to the board of:
(a) Graduation from an accredited physical therapist assistant's education program recognized by the board; and
(b) Passage of a written examination, approved by the board, which tests the applicant's knowledge on subjects relating to physical therapy.
Source: SL 1978, ch 270, § 6; SL 1988, ch 300, § 5; SL 1996, ch 231, § 6; SL 2017, ch 173, § 9; SL 2023, ch 136, § 18.
36-10-35.2. Physical therapist assistant--Licensure expiration and renewal.
The State Board of Physical Therapy shall issue a physical therapist assistant license to a person who meets the requirements set forth in § 36-10-35.1.
The license shall expire and may be renewed at the same time and in the same manner as provided for physical therapy licenses under § 36-10-33.
Source: SL 1978, ch 270, § 7; SL 1996, ch 231, § 7; SL 2017, ch 173, § 10; SL 2023, ch 136, § 19.
36-10-35.7. Approved tasks for physical therapist assistant--Exclusions.
A physical therapist assistant may perform, under the direction and supervision of a physical therapist, selected physical therapy procedures and related tasks. The following physical therapy services, however, shall only be performed by a physical therapist:
(1) Interpretation of referrals;
(2) Initial evaluation, including problem identification;
(3) Development of a plan of care which is based on the initial evaluation and which includes the physical therapy treatment goals;
(4) Interpretation of tests and measurements;
(5) Joint assessment and mobilization;
(6) Determination of the appropriate portions of the program to be delegated;
(7) Delegation and instruction of the services to be rendered by the physical therapist assistant including specific treatment program, precautions, special problems, or contraindicated procedures;
(8) Timely review of treatment documentation and reevaluation of the patient, treatment goals, and revision of the plan of care when indicated;
(9) Development of a patient's home program and discharge evaluation, and termination of care, or both; and
(10) Accountability for documentation of physical therapy treatment and dissemination of written and oral reports.
Source: SL 1996, ch 231, § 10.
36-10-35.8. Supervision of physical therapist assistant.
A physical therapist may not, at any one time, supervise more than the equivalent of two full-time physical therapist assistants. The supervising physical therapist shall register, with the State Board of Physical Therapy, the name and address of each physical therapist assistant whom the physical therapist is supervising. The registration must be on a form provided by the board, and submitted at least fifteen days prior to the date on which supervision is to commence.
The supervising physical therapist shall, within ten days of termination, provide written notification to the board, if the supervision of a physical therapist assistant is terminated. The supervising physical therapist may delegate responsibility for the supervision of a physical therapist assistant to another physical therapist, for a period not exceeding thirty days.
Source: SL 1996, ch 231, § 14; SL 2017, ch 173, § 11; SL 2023, ch 136, § 20.
36-10-35.9. Standards of supervision.
When supervising a physical therapist assistant's care of a patient at any setting, the supervising physical therapist shall comply with the following standards of supervision:
(1) The supervising physical therapist shall be accessible either in person or by telecommunications to the physical therapist assistant at all times while the physical therapist assistant is treating patients;
(2) The initial visit shall be made by the supervising physical therapist for evaluation of the patient and establishment of a plan of care;
(3) At least every five physical therapist assistant visits, there shall be a joint visit or a treatment rendered by the supervising physical therapist. The physical therapist assistant shall be supervised by the supervising physical therapist at least once every thirty calendar days. Every five physical therapist assistant visits or every thirty days, whichever occurs first, a documented conference with the physical therapist assistant outlining current treatment goals and program modifications shall occur. The supervising physical therapist shall make the final scheduled visit to terminate the plan of care; and
(4) Each visit by the supervising physical therapist shall include:
(a) A complete assessment of the patient;
(b) A review of the plan of care with appropriate revision or termination; and
(c) Assessment and recommendation for utilization of outside resources.
Source: SL 1996, ch 231, § 15; SL 2017, ch 173, § 12.
36-10-36. Promulgation of rules--Licensure--Fees--Discipline--Supervision--Continuing education.
The State Board of Physical Therapy shall promulgate rules, pursuant to chapter 1-26, pertaining to licensure, fees, discipline, supervision, and the continuing education of physical therapists and physical therapist assistants.
Source: SL 1955, ch 96, § 13; SDC Supp 1960, § 27.09A11; SDCL § 36-10-15; SL 1972, ch 205, § 12; SL 1978, ch 270, § 9; SL 1996, ch 231, § 16; SL 1996, ch 232; SL 2017, ch 173, § 13; SL 2023, ch 136, § 21.
36-10-37. Repealed.
Source: SL 1972, ch 205, § 13; revised pursuant to SL 1972, ch 15, § 4; SL 2020, ch 157, § 5.
36-10-38. Licensure denial--Grounds.
The State Board of Physical Therapy may, in compliance with chapter 1-26, refuse to grant a license under this chapter for unprofessional, immoral, or dishonorable conduct on the part of the applicant.
Source: SL 1955, ch 96, § 9; SDC Supp 1960, § 27.09A09; SDCL § 36-10-14; SL 1972, ch 205, § 15; SL 1972, ch 15, § 4; SL 1996, ch 231, § 17; SL 2017, ch 173, § 14; SL 2023, ch 136, § 22.
36-10-39. Licensure suspension or revocation--Grounds.
The State Board of Physical Therapy may cancel, revoke, or suspend the license of any physical therapist or physical therapist assistant, issued under this chapter, upon satisfactory evidence of the licensee's incompetence, unprofessional or dishonorable conduct, or violation of this chapter.
Source: SL 1955, ch 96, § 9; SDC Supp 1960, § 27.09A09; SDCL § 36-10-14; SL 1972, ch 205, § 16; SL 1978, ch 270, § 10; SL 1996, ch 231, § 18; SL 2005, ch 199, § 28; SL 2017, ch 173, § 15; SL 2023, ch 136, § 23.
36-10-40. Unprofessional or dishonorable conduct.
The term, unprofessional or dishonorable conduct, includes:
(1) Employing what is known as cappers or steerers;
(2) Willfully betraying a professional confidence;
(3) All advertising of physical therapy business, in which untruthful or improbable statements are made, or which are calculated to mislead or deceive the public;
(4) Conviction of any felony, conviction of a criminal offense arising out of the practice of physical therapy, or conviction of a criminal offense involving moral turpitude;
(5) Habits of intemperance, or drug addiction, which in the opinion of the State Board of Physical Therapy, affect the licensee's practice;
(6) Sustaining any physical or mental disability that renders the further practice of a licensee's profession dangerous;
(7) Presentation to the board of any license, certificate, or diploma, which was obtained by fraud, by deception practiced in passing a required examination, or by the giving of false statements or information on applying for licensure; and
(8) Illegally, fraudulently, or wrongfully obtaining a license required by this chapter, by:
(a) The use of any means, devices, deceptions, or help in passing any examination; or
(b) Making false statements or misrepresentations in any application.
Unprofessional or dishonorable conduct, as defined in this section, may not be the basis for criminal prosecution unless the conduct is otherwise unlawful.
Source: SL 1955, ch 96, § 9; SDC Supp 1960, § 27.09A09; SDCL, § 36-10-14; SL 1972, ch 205, § 17; revised pursuant to SL 1972, ch 15, § 4; SL 2023, ch 136, § 24.
36-10-41. Action on license--Initiation of proceedings.
The State Board of Physical Therapy may initiate proceedings for the cancellation, revocation, or suspension of a license if the board has information that a person may be guilty of incompetence, or unprofessional or dishonorable conduct as provided in § 36-10-40.
Source: SL 1972, ch 205, § 18; SL 2005, ch 199, § 29; SL 2023, ch 136, § 25.
36-10-43. Action on license--Quorum requirement.
All proceedings relative to the cancellation, revocation, or suspension of a license, or relative to reissuing a license that has been revoked or suspended may be held only when a majority of the State Board of Physical Therapy is present.
Source: SL 1972, ch 205, § 21; SL 2023, ch 136, § 26.
36-10-44. Procedure on cancellation, revocation or suspension.
All proceedings relative to the cancellation, revocation, or suspension of a license shall otherwise conform to the procedure set forth in chapter 1-26.
Source: SL 1972, ch 205, § 20; revised pursuant to SL 1972, ch 15, § 4.
36-10-45. Action on license--Vote requirement.
A decision of the State Board of Physical Therapy to suspend, revoke, or cancel a license requires a majority vote of the board members.
Source: SL 1972, ch 205, § 22; SL 2023, ch 136, § 27.
36-10-46. Appeal from decision of board.
Any party feeling aggrieved by any acts, rulings, or decisions of the State Board of Physical Therapy, relating to the refusal to grant a license or to the cancellation, revocation, or suspension of a license may appeal the decision, pursuant to chapter 1-26.
Source: SL 1972, ch 205, § 24; revised pursuant to SL 1972, ch 15, § 4; SL 2023, ch 136, § 28.
36-10-47. Licensure reinstatement.
Upon written application establishing compliance with licensing requirements and for reasons the State Board of Physical Therapy deems sufficient, the board may, under such conditions as it may impose, reinstate or reissue a license to any person whose license has been suspended or revoked.
Upon suspension of a license, the board may provide for an automatic reinstatement after a fixed period of time.
Source: SL 1972, ch 205, § 23; SL 2023, ch 136, § 29.
36-10-48. Injunction--Election of remedy.
Any person violating this chapter may be enjoined from further violations at the suit of the state's attorney of the county in which the violations occurred, or suit may be brought by any resident of this state.
An action for injunction is an alternative to criminal proceedings, and the commencement of one proceeding by the State Board of Physical Therapy constitutes an election.
Source: SL 1972, ch 205, § 30; revised pursuant to SL 1972, ch 15, § 4; SL 2023, ch 136, § 30.
36-10-49. Investigation of violations.
The State Board of Physical Therapy shall investigate every alleged violation of this chapter, pursuant to the procedures set forth in chapter 36-1C. If the alleged violation is committed by a nonlicensee, the board shall report the violation to the proper law enforcement officials. The board may employ special counsel, subject to the supervision, control and direction of the attorney general, assist in the prosecution of violations of this chapter, and expend the necessary funds for those purposes.
Source: SL 1955, ch 96, § 14; SDC Supp 1960, § 27.09A12; SDCL, § 36-10-16; SL 1972, ch 205, § 29; SL 2021, ch 168, § 23; SL 2023, ch 136, § 31.
36-10-50. Prior license accepted.
Any person licensed as a physical therapist assistant on July 1, 1996, is deemed licensed under this chapter and is entitled to renew licensure.
Source: SL 1996, ch 231, § 8; SL 2017, ch 173, § 16.
36-10-51. Continuing education--Requirements--Waiver.
In order to renew a license, a person shall submit evidence, satisfactory to the State Board of Physical Therapy, indicating compliance with the continuing education requirements established by the board. The board may waive the continuing education requirements if the applicant submits evidence satisfactory to the board that the applicant was unable to comply because of illness, disability, military service, or financial hardship.
Source: SL 2017, ch 173, § 17; SL 2023, ch 136, § 32.
36-10-52. Dry needling authorized--Description--Promulgation of rules.
A physical therapist may perform dry needling, if the physical therapist has acquired the knowledge and skills required for the competent performance of dry needling by successfully completing a course of study in dry needling approved by the State Board of Physical Therapy, pursuant to rules promulgated in accordance with chapter 1-26. The board may require a physical therapist who performs dry needling to provide proof of having completed an approved course of study in dry needling.
For purposes of this chapter, dry needling is a skilled technique, performed by a physical therapist, using filiform needles to penetrate the skin and underlying tissues, to affect change in body structures and physical function capability, for the evaluation and management of neuromusculoskeletal conditions, pain, movement impairments, and disability.
Source: SL 2018, ch 230, § 1; SL 2023, ch 136, § 33.
36-10-53. State Board of Physical Therapy licensure fund--Continuous appropriation.
The State Board of Physical Therapy licensure fund is created in the state treasury. Any money received by the board under this chapter must be deposited in the fund. Money in the fund is continuously appropriated to the State Board of Physical Therapy for use in administering §§ 36-10-18 to 36-10-18.9, inclusive; 36-10-25; 36-10-27 to 36-10-35.2, inclusive; 36-10-35.8 to 36-10-43, inclusive; 36-10-45 to 36-10-49, inclusive; and 36-10-51 to 36-10-53, inclusive. Any interest earned on money in the fund must be deposited in the fund.
Source: SL 2023, ch 136, § 34.
