Michigan Office of Administrative Hearings and Rules

611 West Ottawa Street; 2nd Floor, Ottawa Building

Lansing, MI 48933

Phone: (517) 335-8658 FAX: (517) 335-9512

AGENCY REPORT TO THE

JOINT COMMITTEE ON ADMINISTRATIVE RULES (JCAR)

Under the Administrative Procedures Act (APA), 1969 PA 306, the agency that has the statutory authority

to promulgate the rules must complete and submit this form electronically to the Michigan Office of

Administrative Hearings and Rules (MOAHR) at o’berryd@michigan.gov.

1. Agency Information:

Agency name: Department of Licensing and Regulatory Affairs

Division/Bureau/Office: Bureau of Professional Licensing

Name, title, phone number, and e-mail of person completing this form: Rick Roselle, Senior

Policy Analyst, 517-335-

1769,

roseller1@michigan.gov

Name of Departmental Regulatory Affairs Officer reviewing this form: Liz Arasim

2. Rule Set Information:

MOAHR assigned rule set number: 2018-023 LR

Title of proposed rule set: Physical Therapy – General Rules

3. Purpose for the proposed rules and background:

The general purpose of the proposed rule set is to update requirements pertaining to licensure,

license renewal, and relicensure and to update the requirements that must be met by a physical

therapist who delegates the performance of acts, tasks, and functions.

4. Summary of proposed rules:

R 338.7121: This rule pertains to definitions used in the rule set. The rule will be amended to

remove the definition of “intervention” because it creates a lack of clarity as it pertains to the

requirements that must be met by a physical therapist who delegates the performance of selected

acts, tasks, or functions.

R 338.7122: This rule pertains to prescriptions. The rule will be amended to provide typographical

changes for the rule.

R 338.7126: This rule pertains to training standards for identifying victims of human trafficking.

The rule will be amended to provide notice to applicants for initial licensure and license renewal of

the timelines for obtaining the required training.

R 338.7131: This rule pertains to adopted standards for accrediting physical therapist educational

programs. The rule will be amended to provide updated accreditation standards for physical

therapist educational programs, which are adopted by reference.

R 338.7132: This rule pertains to licensure by examination requirements for a physical therapist.

The rule will be amended to identify the examination on state laws and rules as the Michigan

Physical Therapist Jurisprudence Exam (MPTJE) and include the minimum score required to

achieve a passing score on the MPTJE.

Revised: April 22, 2019

MCL 24.242 and 24.245

Agency Report to JCAR – Page 2

R 338.7133: This rule pertains to examinations approved by the board and the passing score

requirements. The rule will be amended to include the title of the MPTJE that is used elsewhere in

the rules and clarify that the MPTJE is administered by a third party approved by the department.

R 338.7134: This rule pertains to eligibility to take the National Physical Therapy Examination

(NPTE) for physical therapists. The rule will be amended to remove language that directs an

applicant to apply to the department to sit for the NPTE because the Federation of State Boards of

Physical Therapy (FSBPT) processes applications to sit for the examination based on the eligibility

requirements under the rule.

R 338.7135: This rule pertains to eligibility to sit for the NPTE for physical therapists for applicants

with nonaccredited education. The rule will be amended to remove language that directs an

applicant to apply to the department to sit for the NPTE because FSBPT processes applications to sit

for the examination based on the eligibility requirements under the rule. The amendments to the

rule also clarify the evaluation tool that is used under the rule by identifying it as the Coursework

Tool for Foreign Educated Physical Therapists. In addition, the rule will be amended to require an

applicant to demonstrate a working knowledge of the English language by either obtaining a score

of not less than 89 on the Test of English as a Foreign Language Internet-based Test (TOEFL-IBT)

or by having graduated from an educational program located in one of the following English-

speaking countries: Australia, provinces of Canada (except Quebec), Ireland, New Zealand, the

United Kingdom, or the United States. The individual section scores in reading, listening, speaking,

and writing will also be updated to reflect standards that FSBPT will begin requiring for the NPTE

for physical therapists beginning in 2020.

R 338.7136: This rule pertains to requirements for licensure by endorsement for physical therapists.

The rule will be amended to clarify that an applicant for licensure by endorsement does not need to

retake the NPTE if the applicant previously passed the exam and adds a new requirement for an

applicant to pass the MPTJE. The rule will also be updated to account for changes proposed under R

338.7135 by incorporating the requirements that apply to an applicant with nonaccredited education,

which requires meeting the evaluation and the English language requirements under R 338.7135.

R 338.7137: This rule pertains to requirements for relicensure of a physical therapist. The rule will

be amended to require an applicant whose license has lapsed for less than 3 years to establish good

moral character and exempt an applicant from having to complete PDR credits if the applicant can

demonstrate employment as a physical therapist for a minimum of 500 hours during the 2-year

period immediately preceding the application. The proposed rule will also add requirements for an

applicant whose license has lapsed for 3 years or more to establish good moral character and submit

fingerprints.

R 338.7138: This rule pertains to delegation of acts, tasks, functions, or interventions to a physical

therapist assistant. The rule will be amended to remove the language under current subrule (2)

because the definition of general supervision within the subrule is duplicative of the definition of

supervision under statute and removes subrule (3)(c) because it unnecessarily repeats the

supervision requirement under the rule. The proposed rule will also eliminate references to

intervention because the term is being removed from the definitions of the rule set.

R 338.7139: This rule pertains to delegation of acts, tasks, or functions to an unlicensed individual.

The rule will be amended to clarify that the direct supervision requirements under the rule apply to

acts, tasks, or functions that are delegated by the physical therapist to another licensee under the

public health code who is not a physical therapist assistant. In addition, the proposed rule will

Revised: February 12, 2018

MCL 24.242 and 24.245

Agency Report to JCAR – Page 2

eliminate the prohibition against delegating the performance of physical therapy interventions

because the term is being removed from the definitions of the rule set.

R 338.7141: This rule pertains to adopted standards for accrediting physical therapist assistant

educational programs. The rule will be amended to update the accreditation standards for physical

therapist assistant educational programs, which are adopted by reference.

R 338.7142: This rule pertains to licensure by examination requirements for a physical therapist

assistant. The rule will be amended to identify the examination on state laws and rules as the

MPTJE and includes the minimum score required to achieve a passing score on the MPTJE.

R 338.7145: This rule pertains to examinations approved by the board and the passing score

requirements. The rule will be amended to include the title of the MPTJE that is used elsewhere in

the rules and clarifies that the MPTJE is administered by a third party approved by the department.

R 338.7146: This rule pertains to eligibility to take the NPTE for physical therapist assistants. The

rule will be amended to remove language that directs an applicant to apply to the department to sit

for the NPTE because the FSBPT processes applications to sit for the examination based on the

eligibility requirements under the rule.

R 338.7147: This rule pertains to eligibility to sit for the NPTE for physical therapist assistants for

applicants who graduated from a U.S. military or a nonaccredited physical therapist assistant

educational program. The rule will be amended to remove language that directs an applicant to

apply to the department to sit for the NPTE because FSBPT processes applications to sit for the

examination based on the eligibility requirements under the rule. The amendments to the rule will

also clarify the evaluation tool that is used under the rule by identifying it as the Coursework Tool

for Foreign Educated Physical Therapists. In addition, the rule will be amended to require an

applicant to demonstrate a working knowledge of the English language by either obtaining a score

of not less than 89 on the Test of English as a Foreign Language Internet-based Test (TOEFL-IBT)

or by having graduated from an educational program located in one of the following English-

speaking countries: Australia, provinces of Canada (except Quebec), Ireland, New Zealand, the

United Kingdom, or the United States. The individual section scores in reading, listening, speaking,

and writing will also be updated to reflect standards that FSBPT will begin requiring for the NPTE

for physical therapists beginning in 2020.

R 338.7148: This rule pertains to licensure by endorsement for physical therapist assistants. The

rule will be amended to clarify that an applicant for licensure by endorsement does not need to

retake the NPTE if the applicant previously passed the exam and adds a new requirement for the

applicant to pass the MPTJE. The rule will also be updated to account for changes proposed under R

338.7135 by incorporating the requirements that apply to an applicant with nonaccredited education,

which requires meeting the evaluation and the English language requirements under R 338.7135.

R 338.7149: This rule pertains to requirements for relicensure of a physical therapist assistant. The

rule will be amended to require an applicant whose license has lapsed for less than 3 years to

establish good moral character and exempt an applicant from having to complete PDR credits if the

applicant can demonstrate employment as a physical therapist assistant for a minimum of 500 hours

during the 2-year period immediately preceding the application. The proposed rule will also add

requirements for an applicant whose license has lapsed for 3 years or more to establish good moral

character and submit fingerprints.

R 338.7161: This rule pertains to renewal of a physical therapist license and a physical therapist

Revised: February 12, 2018

MCL 24.242 and 24.245

Agency Report to JCAR – Page 2

assistant license. The rule will be amended to require an applicant for license renewal to complete

the PDR credits before the license expires to prevent the practice of completing the PDR credits

outside of the license term. In addition, the rule will be amended to require applicants to maintain

documentation of the completed PDR credits for 4 years after a renewal application.

R 338.7163: This rule pertains to acceptable professional development requirement (PDR)

activities. The rule will be amended to define “continuous instruction” to clarify the use of the term

within the table under the rule, update the activities and amount of credit granted for each activity

provided in the table under the rule, and clarify that a request for a waiver of the PDR requirements

must be received by the department prior to the expiration date of the license.

5. List names of newspapers in which the notice of public hearing was published and publication

dates (attach copies of affidavits from each newspaper as proof of publication).

The Grand Rapids Press, January 20, 2019

The Mining Journal, January 10, 2019

The Flint Journal, January 20, 2019

6. Date of publication of rules and notice of public hearing in Michigan Register:

Issue No. 1 – 2019 (Published February 1, 2019)

7. Time, date, location, and duration of public hearing:

9:00 a.m., February 19, 2019, G. Mennen Williams Building Auditorium, 525 W. Ottawa Street,

Lansing, Michigan. The hearing lasted for 15 minutes.

8. Provide the link the agency used to post the regulatory impact statement and cost-benefit

analysis on its website:

http://dmbinternet.state.mi.us/DMB/ORRDocs/RIS/1804_2018-023LR_ris.pdf

9. List of the name and title of agency representative(s) attending public hearing:

Weston MacIntosh, Dena Marks, and Rick Roselle, Department Analysts for the Bureau of

Professional Licensing

10. Persons submitting comments of support:

There were no comments received in support of this rule set.

11. Persons submitting comments of opposition:

Michael J. Shoemaker, PT, DPT, PhD, President of Michigan Physical Therapy Association

Selena Horner, PT

Revised: February 12, 2018

MCL 24.242 and 24.245

Michigan Office of Administrative Hearings and Rules

611 West Ottawa Street; 2nd Floor, Ottawa Building

Lansing, MI 48933

Phone: (517) 335-8658 FAX: (517) 335-9512

12. Identify any changes made to the proposed rules based on comments received during the public comment period:

Name & Organization

Comments Made at

Public Hearing

Written Comments

Agency Rationale for

Change

Rule Number

& Citation

Changed

1. Michael J. Shoemaker,

No comment was made at

Attached letter from

The Rules Committee R 338.7121(d)

PT, DPT, PhD, President the public hearing.

of Michigan Physical

Shoemaker dated February disagrees with adding

19, 2019:

the suggested

Therapy Association

definition of

Page 2, comment “2b.”

“intervention” under

the rule. The

difference between

“acts, tasks, and

functions” is made

clear by the definition

of “Intervention”

under R 338.7121(d).

The Board disagrees

with the Rules

Committee’s

recommendation. The

Board agrees with

Shoemaker’s comment

that the difference

between

“intervention” and

“acts, tasks, and

functions” results in a

lack of clarity. The

Board notes that

Revised: April 22, 2019

MCL 24.242 and 24.245

Agency Report to JCAR – Page 2

Shoemaker’s comment

directly pertains to the

definition of

“intervention” under R

338.7121, not R

338.7121(d), and that

any changes to the

definition must be

made under R

338.7121(d). Based on

Shoemaker’s

comment, the Board

voted to remove the

definition of

“intervention’ under R

338.7121(d) and

subsequent uses of the

term from the rules.

R 338.7138: The

2. Michael J. Shoemaker,

PT, DPT, PhD, President the public hearing.

of Michigan Physical

No comment was made at

Attached letter from

R 338.7138

Shoemaker dated February Rules Committee

19, 2019:

disagrees with

Therapy Association

Shoemaker’s

comment. Subrule (1)

of the rule requires the

physical therapist to

supervise the physical

therapist assistant

consistent with the

definition of

 Page 5, comment “7c.”

 Page 2, comment “2b.”

supervision under

MCL 333.16109(2).

The definition of

general supervision in

subrule (2) duplicates

some, but not all, of

the language under

Revised: February 12, 2018

MCL 24.242 and 24.245

Agency Report to JCAR – Page 2

MCL 333.16109(2).

Maintaining subrule

(2) creates conflicting

requirements since

MCL 333.16109(2)

has additional

requirements for

supervision that are

not contained in

subrule (2). Licensees

should not rely on the

rules as the only

source for determining

requirements because

there are many

requirements under the

code that are not

duplicated in the rules.

In addition, the

proposed rule

maintains a citation to

MCL 333.16109(2),

thereby giving

licensees adequate

guidance to the

relevant statutory

reference. Therefore,

the Rules Committee

recommends

maintaining the

rescission of current

subrule (2) as shown

in the draft rules

presented at the

hearing.

Revised: February 12, 2018

MCL 24.242 and 24.245

Agency Report to JCAR – Page 2

R 338.7138(2)(a): The

Rules Committee

disagrees with

Shoemaker’s

comment. Verifying

the training and

education of the

delegatee is necessary

to ensure that the

delegatee is

adequately qualified to

perform the selected

act, task, or function

and promotes safe and

competent practice.

Therefore, the Rules

Committee

recommends

maintaining proposed

subrule (2)(a) as

shown in the draft

rules presented at the

hearing.

R 338.7138(2)(c): The

Rules Committee

agrees with

Shoemaker’s comment

for removing the

requirement for the

physical therapist to

be continuously

available by radio,

telephone, or

telecommunication at

the time the act, task,

Revised: February 12, 2018

MCL 24.242 and 24.245

Agency Report to JCAR – Page 2

function, or

intervention is carried

out because that

requirement is under

MCL 333.16109(2).

However, the Rules

Committee disagrees

with Shoemaker’s

comment for

maintaining the

requirement for the

physical therapist to

supervise the physical

therapist assistant

because the

requirement is already

under subrule (1) of

the rule. Therefore, the

Rules Committee

recommends

maintaining the

rescission under

proposed subrule

(2)(c) as shown in the

draft rules presented at

the hearing and

recommends

rescinding the

additional language

under proposed

subrule (2)(c) as

shown in the draft

rules presented at the

hearing.

The Board agrees with

Revised: February 12, 2018

MCL 24.242 and 24.245

Agency Report to JCAR – Page 2

the Rules Committee’s

recommendations for

R 338.7138, R

338.7124(2)(a), and R

338.7138(2)(c). The

Board notes that the

changes the Board

voted to approved

under R 338.7121(d)

based on Shoemaker’s

comments pertaining

to R 338.7121(d)

require removing the

use of the term

“intervention” under

this rule.

3. Michael J. Shoemaker,

PT, DPT, PhD, President the public hearing.

of Michigan Physical

No comment was made at

Attached letter from

Shoemaker dated February agrees with

19, 2019:

The Rules Committee R 338.7139

Shoemaker’s comment

Therapy Association

for amending the rule

to clarify that the rule

applies when a

 Page 1 and 2, comment

“2a.”

physical therapist

delegates to a licensed

health professional

who is not a licensed

physical therapist

assistant and to clarify

when direct

supervision is

required. Therefore,

the Rules Committee

recommends

amending the

proposed rule to

remove the definition

Revised: February 12, 2018

MCL 24.242 and 24.245

Agency Report to JCAR – Page 2

of “unlicensed

individual,” add

language that requires

a physical therapist

who delegates to a

physical therapist

assistant to satisfy the

requirements under R

338.7138, and include

a citation to the

definition of

delegation under MCL

333.16104(2) to

clarify that delegation

cannot occur when the

act, task, or function

falls within the scope

of practice of the

licensee who is being

asked to perform the

act, task, or function.

The Board agrees that

the rule should be

amended to remove

the definition of

“unlicensed

individual” under the

rule, clarify that the

rule applies when a

physical therapist

delegates to another

licensed health

professional who is

not a licensed physical

therapist assistant, and

Revised: February 12, 2018

MCL 24.242 and 24.245

Agency Report to JCAR – Page 2

clarify when direct

supervision is

required. The Board

disagrees with the

Rules Committee’s

recommendation to

include the statutory

citation to MCL

333.16104(2) because

doing so will create

more confusion

instead of providing

more clarity.

4. Michael J. Shoemaker,

PT, DPT, PhD, President the public hearing.

of Michigan Physical

No comment was made at

Attached letter from

Shoemaker dated February Rules Committee

19, 2019:

R 338.7163(2): The

R 338.7163

agrees with

Therapy Association

Shoemaker’s comment

that the reader may

benefit from

clarification to the

citation to the Code of

Federal Regulations

but disagrees with

keeping the format of

the citation in the

current rule. In

 Page 2, comment “4.”

 Page 2 and 3, comment

“5a.”

 Page 3, comment “5b.”

 Page 3, comment “5c.”

 Page 4, comment “6.”

 Page 5, comment “8.”

 Page 5, comment “9.”

Selena Horner, PT

keeping with the

February 21, 2019

ORR Manual of Style,

the citation will be

changed to “The

Secretary’s

Attached email from

Horner dated February 18,

2019:

Pages 1 and 2.

Recognition of

Accrediting Agencies,

34 CFR 602.1 to 34

CFR 602.50 (2018).”

Revised: February 12, 2018

MCL 24.242 and 24.245

Agency Report to JCAR – Page 2

Activity Code 1: The

Rules Committee

disagrees with

Shoemaker’s comment

for adding a bullet

stating, “Eligible PDR

credits for continuing

education courses

must directly pertain

to physical therapy

practice.” The activity

already requires the

activity to pertain to

the practice of

physical therapy or

any non-clinical

subject relevant to the

practice of physical

therapy. The Rules

Committee agrees

Shoemaker’s comment

for replacing the

Michigan Board of

Medicine and Board

of Osteopathic

Medicine and Surgery

with any Michigan

health board or task

force under the Public

Health Code. The

Rules Committee

agrees with

Shoemaker’s comment

for amending the 5th

bullet pertaining to the

Revised: February 12, 2018

MCL 24.242 and 24.245

Agency Report to JCAR – Page 2

American Physical

Therapy Association

as recommended by

the commenter

because it will provide

greater clarity. Finally,

the Rules Committee

agrees with

Shoemaker’s and

Horner’s comment for

granting PDR credit

when credit is granted

by an organization in

increments of .1 credit

for every 50 to 60

minutes of continuous

instruction.

Activity Code 4: The

Rules Committee

agrees with Horner’s

comment. Credit

should be granted

beginning with .5

credit for every 30

minutes of viewing or

listening to media. A

licensee who is

audited should identify

the title of the media,

the name of the

publisher of the media,

the date the media was

published or

copyrighted, and the

length of the media

Revised: February 12, 2018

MCL 24.242 and 24.245

Agency Report to JCAR – Page 2

that the license viewed

or heard.

Activity Code 5: The

Rules Committee

disagrees with

Horner’s comment. It

is appropriate to

require a minimum of

50 minutes of

continuous instruction

before receiving

credit. Further, the

activity currently

requires adequate

proof of the time of

the presentation for

purposes of

demonstrating the

length of the activity.

Activity Code 6: The

Rules Committee

disagrees with

Horner’s comment

that 2 PDR credits

should be granted for

all activities regardless

of the time spent

presenting. Credit

should be based on the

time presenting the

scientific exhibit or

scientific paper.

Activity Code 9: The

Revised: February 12, 2018

MCL 24.242 and 24.245

Agency Report to JCAR – Page 2

Rules Committee

agrees with

Shoemaker’s comment

for adding the APTA’s

PTA Advanced

Proficiency Pathways

(APP) Program as

acceptable under the

activity. The Rules

Committee agrees

with Horner’s

comment to remove

the portfolio option

because the pathway

for an ABPTS

professional

development portfolio

recertification process

takes place over

several years and is no

longer adequate for

use as an acceptable

activity.

Activity Code 11, 12,

16, and 17: The Rules

Committee disagrees

with Horner’s

comment. Fifty

minutes of continuous

instruction is used to

account for the fact

that many activities

are scheduled for a

period of 60 minutes

but may involve a

Revised: February 12, 2018

MCL 24.242 and 24.245

Agency Report to JCAR – Page 2

break in the activity

that results in the

licensee receiving only

50 minutes of

continuous instruction.

Activity Code 11: The

Rules Committee

agrees with

Shoemaker’s

comment. The activity

should be amended to

add a physical

therapist or physical

therapist assistant

educational program

committee or task

force and expand the

list of included issues

to include physical

therapy education,

research, or education.

Upon audit, the

activity should require

the licensee to submit

a letter from an

appropriate official

verifying that the

committee or task

force dealt with

patient care related

issues, which may

include the quality of

patient care, utilization

review, physical

therapy education,

Revised: February 12, 2018

MCL 24.242 and 24.245

Agency Report to JCAR – Page 2

research or practice

that includes the dates

and amount of time

the licensee

participated on each

date.

Activity Code 13: The

Rules Committee

notes that Horner’s

comment states

activity code 14 but

her comment refers to

the content under

activity code 13. The

Rules Committee

agrees that 1 PDR

credit should be

granted for each event

or issue because the

time spent on the

activity is not the key

factor in determining

the amount of learning

gained from the event

or issue. The Rules

Committee disagrees

that a licensee should

be required to provide

a signature from the

organization involved

with the event or issue

because the

experiential activity

from provided by the

department is adequate

Revised: February 12, 2018

MCL 24.242 and 24.245

Agency Report to JCAR – Page 2

for verifying

completion of the

activity.

R 338.7163: The

Rules Committee

disagrees with

Shoemaker’s

comment. MCL

333.16205(1) allows

the Board to waive the

requirement to attend

educational programs

as a condition to

license renewal if,

upon written

application, the Board

finds the failure of the

licensee to attend was

due to the licensee’s

disability, military

service, absence from

the continental United

States, or a

circumstance beyond

the control of the

licensee that the Board

considers good and

sufficient. The rule

proposed by the

commenter would be

duplicative of statute.

However, the Rules

Committee agrees that

a rule should be added

to clarify that a request

Revised: February 12, 2018

MCL 24.242 and 24.245

Agency Report to JCAR – Page 2

for a waiver under

MCL 333.16205(1)

should be received by

the department prior to

the expiration date of

the license for the

request to be

considered by the

Board.

The Board agrees with

all of the Rules

Committee’s

recommendations but

notes that

Shoemaker’s comment

for activity code 1

regarding the changes

to the entities offering

continuing education

programs directly

affects the entities

under activity code 5.

To prevent

inconsistency within

the table, the Board

voted to amend

activity code 5 to

include the same

entities that will be

added under activity

code 1 in addition to

accepting the other

changes recommended

by the Rules

Committee.

Revised: February 12, 2018

MCL 24.242 and 24.245

Agency Report to JCAR – Page 2

13. Date report completed:

May 9, 2019

Revised: February 12, 2018

MCL 24.242 and 24.245

From:

BPL-BoardSupport

To:

Roselle, Richard (LARA)

Subject:

Date:

Attachments:

FW: Michigan Register: Physical Therapy

Tuesday, February 19, 2019 9:06:17 AM

MR1_020119_644814_7.pdf

From: Selena Horner <selenahorner@gmail.com>

Sent: Monday, February 18, 2019 3:42 PM

To: BPL-BoardSupport <BPL-BoardSupport@michigan.gov>

Subject: Michigan Register: Physical Therapy

Dear Policy Analyst,

I am a physical therapist who practices in Michigan. I am submitting my comments for

review.

Part 5: Professional Development Requirements (PDF page 320).

On PDF page 322, Activity Code 1: Professional Development Requirement is not clearly

defined. The language used in this section defers the acquired PDR credits based on what

the organization approves. Some organizations define 1 PDR credit = 1 hour. Some

organizations define .1 PDR credit = 1 hour. Allowing an organization to define the PDR is

not something that I view as being acceptable. What is acceptable is for the definition of 1

PDR credit for Activity Code 1 to be defined by the State of Michigan. The licensee should

submit the number of hours spent completing each Activity Code 1 activity. To improve

clarity, for continuing education that fits Activity Code 1, I would suggest that 1 PDR credit

= 1 hour of continuing education.

For Activity Code 4: I would suggest that 1 PDR credit = 1 hour of continuous viewing or

listening to media. (My rationale... the systems that capture PDR, can easily do the math

and know that 30 minutes = .5 PDR and 50 minutes = .80 PDR.) The physical therapist

would need to submit proof of the length of time of the media along with the other stated

components within the activity description. Right now, the language does not include

anything to support the length of time viewing or listening to media.

For Activity Code 5: I would suggest 2 PDR credits = 1 hour of continuous instruction.

(Again, my rationale... the systems that capture PDR credits, can easily do the math and

know that 50 minutes = 1.80 PDR credits). This section is also missing submitting

information to support the length of time spent performing continuous instruction. This

aspect needs to be added to provide proof of time.

For Activity Code 6: I would suggest 2 PDR credits for all activities within Activity Code 6.

Often times when presenting research, it isn't the time spent presenting that is key. More

often than not, when presenting a paper or research, the presenter is only allowed 8-20

minutes for platforms or required to stand by a poster during a poster presentation for 45-

60 minutes (with or without anyone interested in the poster). The time is actually spent on

the research and creating the presentation. So, to simplify this, I'd keep 2 PDR credits for

each scientific exhibit, poster presentation, platform presentation. There isn't a logical

reason to actually substantially change the requirements within this activity.

For Activity Code 9: I suggest looking into this a bit deeper for the ABPTS recertification

process. Recertification is no longer completed in a single step when choosing to provide a

professional development portfolio. Recertification now happens in stages. I'm not sure

how to help define the number of credits to meet ABPTS recertification via a professional

development portfolio.

For Activity Code 11: I would suggest 1 PDR credit = 60 minutes.

For Activity Code 12: I would suggest 2 PDR credits = 60 minutes.

For Activity Code 13: I would suggest 1 PDR credit for each event/issue. Time is not

necessarily the key. Maybe to help meet the requirements, the organization would need to

provide a signature that the event/issue was adequately researched.

For Activity Code 16: I would suggest 1 PDR credit = 60 minutes.

For Activity Code 17: I would suggest 1 PDR credit = 60 minutes.

I honestly am not sure why there was a change in the number of minutes. As a physical

therapist who practices in Michigan, I believe reducing the time reduces the amount of

professional development and increases confusion. Patients are relying on me and my

colleagues to provide the best care possible. Reducing the time requirements actually

reduces the time spent learning.

Thank you for asking for feedback!

Selena Horner, PT

To:

Department of Licensing and Regulatory Affairs

From: Michigan Physical Therapy Association

Date: Submitted for February 19, 2019

Re:

MPTA recommendations for proposed PT Rules

The MPTA appreciates the opportunity to offer suggestions during the rules revision process. The

following suggestions seek to provide greater clarity on important topics for which the MPTA frequently

receives questions and/or has observed substantial confusion. Please see yellow-highlighted, bolded

language.

►1. The Michigan Physical Therapy Association (MPTA) recommends that the requirements for physical

therapist (PT) endorsement and physical therapist assistant (PTA) endorsement be revised in the same

manner into a single set of criteria for the PT and a single set for the PTA.

The current proposed PT Rules differentiate between having more/less than 5 years of experience.

The difference in criteria is that those with less than 5 years of experience need to satisfy the English

language requirement in R 338.7135(b), which must be met regardless of experience.

See Page 6 – R338.7136 Licensure by endorsement of physical therapist; requirements and

Page 11 – R 338.7136 Licensure by endorsement of physical therapist assistant; requirements.

The MPTA suggested language for both physical therapist licensure by endorsement and physical

therapist assistant licensure by endorsement follows below. Note: The suggested language is for the

physical therapist section, as similar language with appropriate grammatical changes could also be

inserted into the physical therapist assistant section.

Rule 36. (1) An applicant for a physical therapist license by endorsement shall submit the required fee

and a completed application on a form provided by the department and satisfy the requirements of the

code and this rule.

(2) An applicant who was first licensed in another jurisdiction recognized by the FSBPT shall satisfy the

following requirements:

(a) Pass the National Physical Therapist Examination required under R 338.7133(1).

(b) Pass the Michigan Physical Therapist Jurisprudence Exam required under R 338.7133(2).

(c) Have graduated from either a physical therapist educational program that meets the standards in

under R 338.7131 or graduate from a physical therapist educational program determined to be

substantially equivalent to an educational program that meets the standards in R 338.7131 by satisfying

the verification process under R 338.7135(a).

(d) Demonstrate a working knowledge of the English language by satisfying the requirements under R

338.7135(b) if the applicant graduated from a nonaccredited physical therapist educational program.

(3) An applicant's license must be verified, on a form provided by the department, by the licensing agency

of any jurisdiction recognized by the FSBPT in which the applicant holds a current license or registration

or ever held a license or registration as a physical therapist. If applicable, verification must include the

record of any disciplinary action taken or pending against the applicant.

►2a. The MPTA recommends that language be added to clarify that direct supervision is needed when a

physical therapist delegates acts, tasks, or functions to a licensed health professional who is not a

licensed physical therapist assistant. Although this addition may be redundant with the proposed change

to R 338.7139 that clarifies that “unlicensed” means an individual without a PT or PTA license and

therefore requires direct supervision, the MPTA believes this additional clarification is needed to avoid

MPTA Suggested Rule Revisions, Page 1 of 6

confusion for those PT licensees who delegate to personnel who hold licenses in other professions.

See Page 8 - R 338.7139 Delegation of acts, tasks, or functions to an unlicensed individual; direct

supervision of an unlicensed individual; requirements.

The MPTA suggested language:

R338.7139(2): A physical therapist who delegates acts, tasks, or functions to an unlicensed individual or

a licensed health professional who is not a licensed physical therapist assistant shall provide direct

supervision of the licensed health professional and comply with all other criteria as stated in R 338.7139.

►2b. The MPTA recommends defining “interventions” consistent with Part 178 such that the difference

between “acts, tasks, and functions” and “interventions” is clear.

The MPTA suggested language:

R 338.7138 (4) “Intervention” means physical measures, therapeutic exercise, and rehabilitative

procedures as used in MCL 333.17801(d).

►3. The MPTA recommends that new language be added that specifically states that the physical

therapist assistant may only be supervised by the physical therapist to protect the public from entities who

misrepresent that they are providing physical therapy. No other licensed health professional may

supervise the physical therapist assistant. Although this may be redundant with statute that restricts the

use of title/terms related to physical therapy to those licensed under Part 178 and with the definition of the

PTA who is only defined as being under the delegation and supervision of the physical therapist, the

MPTA is concerned about other professionals (MD, DO, DC, DPM) utilizing graduates of PTA educational

programs (with or without a PTA license in Michigan) and representing the service as “physical therapy”.

The MPTA suggested language includes creating a new PT Rule and placing it at the beginning of the

Physical Therapist Assistant section:

See page 9

R 338.7140 Supervision of the physical therapist assistant

The physical therapist assistant is a subfield license of the licensed physical therapist under

section 17801(b) of the code, MCL 333.17801. Practice as a physical therapist assistant may only

occur under the general supervision of the physical therapist; section 17801(c) of the code, MCL

333.17801. No other licensed health professional may supervise the physical therapist assistant.

►4. The MPTA recommends keeping the definition of CFR in the PT Rules for clarity.

See page 14, R 338.7163 Acceptable professional development requirement activities; requirements;

limitations. Rule 63 under (2) line 6.

MPTA suggested language:

….. as contained in Title 34, Part 602 of the Code of Federal Regulations.

►5a. The MPTA is aware that multiple health professions provide approved continued education that

apply to physical therapy practice. It is the responsibility of the PT and PTA to explain how their selection

of PDRs applies to physical therapy practice. Examples of other health professionals that offer approved

continuing education courses related to physical therapy practice include, but are not limited to, medical

physicians, osteopathic physicians, nursing, pharmacy, athletic training, social work, etc.

MPTA Suggested Rule Revisions, Page 2 of 6

Rather than create a laundry list in the PT Rules, MPTA recommends that ALL Michigan Boards for

health professionals be the new language and specifically state that continuing education must pertain to

physical therapy practice.

See page 15 - ACCEPTABLE PDR ACTIVITIES

Activity 1

MPTA suggested language:

Under header with the title: Activity

Strike out:

●The Michigan board of medicine.

 The Michigan board of osteopathic medicine and surgery.

Replace with:

●All Michigan Boards for health professionals.

●Eligible PDR credits for continuing education courses must directly pertain to physical therapy

practice.

►5b. The MPTA receives multiple queries from member and non-member licensees who do not

understand the current language in the PT Rules that refers to the components of the American Physical

Therapy Association. The MPTA recommends that “components” be clarified in the PT Rules.

See page 15 - Activity 1, bullet item 5.

MPTA suggested language:

●The American Physical Therapy Association (APTA) or its components.



APTA components include the Michigan Physical Therapy Association and other APTA

Chapters, APTA Sections and APTA Academies.

►5c. The MPTA receives multiple queries from member and non-member licensees seeking clarification

on defining one Professional Development Requirement (PDR).

The APTA is only one of approved providers of continuing education courses that uses this metric: One

CEU equals ten contact hours of participation in organized continuing education classes and/or training

conducted by a qualified instructor. A contact hour is equivalent to one 60-minute interaction between an

instructor and the participant. Thus 0.1 CEU is 1 hour of learning.

The MPTA uses this metric: One PDR is equal to 50 – 60 minutes of continuous learning.

Other metrics may be utilized by additional entities that may earn the Board of Physical Therapy’s

approval as a provider of PDRs. To ensure clarity for licensees, MPTA has 2 recommendations as noted

below.

See page 15 – Activity 1

MPTA suggested language:

Under header called: Number of PDR credits earned for activity

One PDR credit shall be granted for every 50 to 60 minutes of continuous instruction.

When the continuing education provider uses the 0.1 CEU model, that means 0.1 CEU is granted

for every 50 to 60 minutes of continuous instruction.

MPTA Suggested Rule Revisions, Page 3 of 6

►6. The MPTA recommends that completing the APTA’s PTA Advanced Proficiency Pathways (APP)

Program be included in PDRs for PTA licensees.

The APP is a clearly defined post-graduation educational curriculum that leads to advanced proficiency in

selected areas of physical therapy practice. It was designed by APTA clinical experts to promote PTA

career development with a self-initiated curriculum completion process and encourages life-long learning.

The PTA must complete prerequisite course work and submit letters of reference from the supervising

physical therapist and clinic mentor. Once accepted into the program, the PTA candidate has up to 5

years to complete and submit the program portfolio requirements.

Requirements include:



Completion of 60 contact hours of selected continuing education coursework that meet the

defined guidelines and content of APP, including APTA “core” course and selected content

courses or equivalent APTA approved courses.



Mentored clinical experiences with knowledge / skills assessments, conducted with a self-

selected clinical mentor who meets mentor requirements.



2,000 clinical hours of work experience in selected content area.

Final portfolio review.

Once achieved, the Advanced Proficiency Pathway program recognition is good for a 10-year period.

See page 19 – Activity 9

MPTA suggested language: Add a final bullet point under Activity. Note: MPTA recommends that

achieving the PTA Advanced Proficiency Pathway would also grant the licensee 23 PDRs, which is

already stated.

Successfully completing 1 of the following:



The APTA’s PTA Advanced Proficiency Pathways (APP) Program.

►7a. The MPTA recommends that the following language describing the content of the Public Health

Code remain included in the PT Rules for clarity. Although this presents some redundancy, many

licensees are not familiar with Michigan Complied Law citations and would benefit by having the intent of

the law or rule remain included in plain language in the PT Rules.

See page 8 - R 338.7138 Delegation of acts, tasks, functions, or interventions to a physical therapist

assistant; supervision of physical therapist assistant; requirements.

MPTA recommends this language remain in the PT Rules:

(2) A physical therapist who delegates acts, tasks, functions, or interventions to a physical

therapist assistant shall provide general supervision of the physical therapist assistant. As used

in this subrule, "general supervision" means that the physical therapist is not required to be

physically present on site, but must be continuously available at the time the procedure is

performed. Continuously available includes availability by telecommunication or other electronic

device.

MPTA Suggested Rule Revisions, Page 4 of 6

►7b. The MPTA recommends that the following language be modified as noted below since a PTA with a

valid license ensures proper training and education.

See page 8 - R 338.7138 Rule 38 (2) (a)

(a) Ensure the qualifications of the physical therapist assistant under the physical therapist's supervision,

has a valid PTA license. including verification of the physical therapist assistant's training,

education, and licensure.

►7c. The MPTA recommends that the following language from R 338.7138 (2) (c) be removed as

redundant, assuming the more complete language in R 338.7138 (2) describing delegation of the PTA

remains in the PT Rules.

See page 8 - R 338.7138 (2) (c)

Be continuously available by radio, telephone, or telecommunication at the time the act, task,

function, or intervention is carried out.

►8. MPTA recommends that Activity 11 be expanded to include opportunities for licensees employed as

faculty members in PT and PTA educational institutions to also earn PDRs when they serve on

appropriate committees and task forces that impact physical therapy education, research or practice.

See page 20 – Activity 11

Participation in a health care organization or a PT or PTA educational program committee or task force

dealing with patient care related issues, which may include quality of patient care, and utilization review,

physical therapy education, research or practice.

If audited, a licensee shall submit a letter from an organization appropriate official verifying that the

committee or task force organization dealt with patient care issues which may include quality of

patient care, utilization review, physical therapy education, research or practice. The letter shall

also include and the licensee’s participation, including the dates and the amount of time the licensee

participated on each date.

One PDR credit shall be granted for each every 50 to 60 minutes of participation. A maximum of 6 PDR

credits may be earned for this activity in each renewal period.

►9. MPTA recommends that new language be adopted into the PT Rules that allows the Board to show

discretion if a licensee has not been able to complete their PDRs for license renewal in a timely manner

due to service in the United States military, prolonged illness or disability or other extreme hardship.



Boards of Physical Therapy in Wisconsin and Illinois already have discretion to postpone or

waive PDRs for licensees seeking renewal of their licenses. There are likely other states that

also allow this discretion.

Authority for such discretion can be found in the Michigan Public Health Code – See page 331:

333.16145 Board or task force; official seal; rules. Sec. 16145.

(3) Only a board or task force shall promulgate rules to specify requirements for licenses, registrations,

renewals, examinations, and required passing scores.

MPTA Suggested Rule Revisions, Page 5 of 6

MPTA suggested language:

A licensee may apply to the board for a postponement or waiver of the requirements of this

section due to service in the US military, on grounds of prolonged illness or disability, or on other

grounds constituting extreme hardship. The board shall consider each application individually on

its merits, and the board may grant a postponement, partial waiver or total waiver as deemed

appropriate.

MPTA appreciates the opportunity to make recommendations to perfect the PT Rules during the public

comment period. Please contact the MPTA if we may offer further assistance. Thank you.

Sincerely,

Michael J. Shoemaker, PT, DPT, PhD

President

Michigan Physical Therapy Association

MPTA Suggested Rule Revisions, Page 6 of 6

PHYSICAL THERAPY – GENERAL RULES – 2018 – 023 LR

Public Comment Summary

Board’s responses to February 19, 2019 Public Comment

Testimony/Comments Received:

1. Michael J. Shoemaker, PT, DPT, PhD, President of Michigan Physical Therapy Association

2. Selena Horner, PT

April 9, 2019

1

Rule 338.7136 Licensure by endorsement of physical therapists; requirements.

Rule Numbers Commenter

Comment

R 338.7136(2) Shoemaker The rule should require all applicants for a physical therapy license by endorsement who graduated

from a nonaccredited education program to demonstrate a working knowledge of the English

language by satisfying R 338.7135(b). An applicant who graduated from a nonaccredited education

program should not be exempt from satisfying R 338.7135(b) if he or she was first licensed in

another jurisdiction recognized by FSBPT and engaged in the practice of physical therapy for 5

years or more.

Rules

Committee

Response

The Rules Committee disagreed with Shoemaker’s comment. The proposed rule does not change the current

practice of exempting an applicant from R 338.7135(b) if the applicant was first licensed in another jurisdiction

recognized by FSBPT and engaged in the practice of physical therapy for 5 years or more. FSBPT member states

only include states and territories of the United States. The Rules Committee finds that 5 years of authorized

practice in another state is adequate demonstration of having a working knowledge of the English language.

The Board agrees with the Rules Committee’s recommendation.

Board

Response

Rule 338.7148 Licensure by endorsement of physical therapists assistant; requirements.

Rule Numbers Commenter Comment

R 338.7148(2) Shoemaker The rule should require all applicants for a physical therapist assistant license by endorsement who

graduated from a nonaccredited education program to demonstrate a working knowledge of the

English language by satisfying R 338.7135(b). An applicant who graduated from a nonaccredited

education program should not be exempted from satisfying R 338.7135(b) if he or she was first

licensed in another jurisdiction recognized by FSBPT and engaged in the practice of physical

therapy for 5 years or more.

Rules

Committee

Response

The Rules Committee disagreed with Shoemaker’s comment. The proposed rule does not change the current

practice of exempting an applicant from R 338.7135(b) if the applicant was first licensed in another jurisdiction

recognized by FSBPT and engaged in the practice of physical therapy for 5 years or more. FSBPT member states

only include states and territories of the United States. The Rules Committee finds that 5 years of authorized

practice in another state is adequate demonstration of having a working knowledge of the English language.

The Board agrees with the Rules Committee’s recommendation.

Board

Response

2

Rule 338.7121 Definitions

Rule Numbers Commenter

Comment

R 338.7121(d) Shoemaker Add a new subrule to R 339.7138, subrule (4), to define interventions consistent with Part 178 of

the act such that the difference between “acts, tasks, and functions” and “interventions” is clear.

New subrule (4) should state: “Intervention” means physical measures, therapeutic exercise, and

rehabilitative procedures as used in MCL 333.17801(d).

Rules

Committee

Response

Board

The Rules Committee disagrees with adding the suggested definition of “intervention” under the rule. The

difference between “acts, tasks, and functions” is made clear by the definition of “Intervention” under R

338.7121(d).

The Board disagrees with the Rules Committee’s recommendation. The Board agrees with Shoemaker’s comment

that the difference between “intervention” and “acts, tasks, and functions” results in a lack of clarity. The Board

notes that Shoemaker’s comment directly pertains to the definition of “intervention” under R 338.7121, not R

338.7121(d), and that any changes to the definition must be made under R 338.7121(d). Based on Shoemaker’s

comment, the Board voted to remove the definition of “intervention’ under R 338.7121(d) and subsequent uses of

the term from the rules.

Response

The Board voted to approve the following changes of the proposed rule presented at the hearing:

R 338.7121 Definitions.

Rule 21. As used in these rules:

(a) “Board” means the Michigan board of physical therapy created under section 17821 of the code, MCL 333.17821.

(b) “Code” means the public health code, 1978 PA 368, MCL 333.1101 to 333.25211.

(c) “Department” means the Michigan department of licensing and regulatory affairs.

(d) “Intervention” means the purposeful and skillful interaction of the physical therapist or physical therapist assistant with the

patient or client.

(e) (d) “Patient or client of record” means a patient or client who is receiving physical therapy services from a licensed physical

therapist or from a licensed physical therapist assistant under the direction and supervision of a physical therapist.

Rule 339.7138 Delegation of acts, tasks, or functions to a physical therapist assistant; supervision of physical therapist

assistant; requirements.

Rule Numbers Commenter

R 338.7138

Comment

Shoemaker Do not strike current subrule (2) from R 338.7138. The rule should continue to require a

physical therapist to provide general supervision of a physical therapist assistant and provide a

definition for general supervision. Although current subrule (2) presents some redundancy,

3

many licensees are not familiar with the Michigan Compiled Law citations and would benefit by

having the content of the of the law included in the rule in plain language.

R 338.7138(2)(a) Shoemaker Remove the requirement under proposed rule R 338.7138(2)(a) to verify a physical therapist

assistant’s training and education but require verification of a valid physical therapist assistant

license. A valid license ensures a physical therapist has proper training and education.

R 338.7138(2)(c) Shoemaker Remove the following language under proposed rule R 338.7138(2)(c) because it is redundant:

“Be continuously available by radio, telephone, or telecommunication at the time the act, task,

function, or intervention is carried out.” Do not strike the following language from the proposed

rule: “Provide supervision of a physical therapist assistant to whom acts, tasks, functions, or

interventions have been delegated.”

Rules

Committee

Response

R 338.7138: The Rules Committee disagrees with Shoemaker’s comment. Subrule (1) of the rule requires the

physical therapist to supervise the physical therapist assistant consistent with the definition of supervision under

MCL 333.16109(2). The definition of general supervision in subrule (2) duplicates some, but not all, of the

language under MCL 333.16109(2). Maintaining subrule (2) creates conflicting requirements since MCL

333.16109(2) has additional requirements for supervision that are not contained in subrule (2). Licensees

should not rely on the rules as the only source for determining requirements because there are many

requirements under the code that are not duplicated in the rules. In addition, the proposed rule maintains a

citation to MCL 333.16109(2), thereby giving licensees adequate guidance to the relevant statutory reference.

Therefore, the Rules Committee recommends maintaining the rescission of current subrule (2) as shown in the

draft rules presented at the hearing.

R 338.7138(2)(a): The Rules Committee disagrees with Shoemaker’s comment. Verifying the training and

education of the delegatee is necessary to ensure that the delegatee is adequately qualified to perform the

selected act, task, or function and promotes safe and competent practice. Therefore, the Rules Committee

recommends maintaining proposed subrule (2)(a) as shown in the draft rules presented at the hearing.

R 338.7138(2)(c): The Rules Committee agrees with Shoemaker’s comment for removing the requirement for

the physical therapist to be continuously available by radio, telephone, or telecommunication at the time the act,

task, function, or intervention is carried out because that requirement is under MCL 333.16109(2). However,

the Rules Committee disagrees with Shoemaker’s comment for maintaining the requirement for the physical

therapist to supervise the physical therapist assistant because the requirement is already under subrule (1) of the

rule. Therefore, the Rules Committee recommends maintaining the rescission under proposed subrule (2)(c) as

4

shown in the draft rules presented at the hearing and recommends rescinding the additional language under

proposed subrule (2)(c) as shown in the draft rules presented at the hearing.

Board Response The Board agrees with the Rules Committee’s recommendations for R 338.7138, R 338.7124(2)(a), and R

338.7138(2)(c). The Board notes that the changes the Board voted to approved under R 338.7121(d) based on

Shoemaker’s comments pertaining to R 338.7121(d) require removing the use of the term “intervention” under

this rule.

The Board voted to approve the following changes of the proposed rule presented at the hearing:

R 338.7138 Delegation of acts, tasks, or functions, or interventions to a physical therapist assistant; supervision of physical therapist

assistant; requirements.

Rule 38. (1) A physical therapist who delegates the performance of selected acts, tasks, or functions, or interventions to a physical

therapist assistant as permitted under section 16215 of the code, MCL 333.16215, shall supervise the physical therapist assistant

consistent with section 16109(2) of the code, MCL 333.16109, and satisfy the requirements of this rule.

(2) A physical therapist who delegates acts, tasks, or functions, or interventions under this rule shall also comply with all of the

following:

(a) Ensure the qualifications of the physical therapist assistant under the physical therapist's supervision, including verification of

the physical therapist assistant's training, education, and licensure.

(b) Examine and evaluate the patient or client before delegating acts, tasks, or functions interventions to be performed by a

physical therapist assistant.

(c) Be continuously available by radio, telephone, or telecommunication at the time the act, task, function, or intervention is carried

out.

(d) (c) Provide predetermined procedures and protocols for acts, tasks, or functions, or interventions that have been delegated.

(e) (d) Maintain a record of the names of the physical therapist assistants to whom acts, tasks, or functions, or interventions have

been delegated.

(f) (e) Monitor a physical therapist assistant's practice and provision of assigned physical therapy acts, tasks, or functions, or

interventions.

(g) (f) Meet regularly and in person with the physical therapist assistant to whom acts, tasks, or functions, or interventions have

been delegated to evaluate the assistant's performance, review records, and educate the physical therapist assistant on the acts, tasks,

or functions, or interventions that have been delegated.

(3) A physical therapist shall not supervise more than 4 physical therapist assistants at the same time.

5

Rule 339.7139 Delegation of acts, tasks, or functions to an unlicensed individual; direct supervision of an unlicensed

individual; requirements.

Rule Numbers Commenter

Comment

R 338.7139

Shoemaker Add language to clarify that direct supervision is needed when a physical therapist delegates acts,

tasks, or functions to a licensed health professional who is not a licensed physical therapist

assistant. Clarification is needed to avoid confusion for those licensed physical therapists who

delegate to personnel who hold licenses in other professions.

Rules

Committee

Response

The Rules Committee with Shoemaker’s comment for amending the rule to clarify that the rule applies when a

physical therapist delegates to a licensed health professional who is not a licensed physical therapist assistant and

to clarify when direct supervision is required. Therefore, the Rules Committee recommends amending the

proposed rule to remove the definition of “unlicensed individual,” add language that requires a physical therapist

who delegates to a physical therapist assistant to satisfy the requirements under R 338.7138, and include a citation

to the definition of delegation under MCL 333.16104(2) to clarify that delegation cannot occur when the act, task,

or function falls within the scope of practice of the licensee who is being asked to perform the act, task, or

function.

Board

Response

The Board agrees that the rule should be amended to remove the definition of “unlicensed individual” under the

rule, clarify that the rule applies when a physical therapist delegates to another licensed health professional who is

not a licensed physical therapist assistant, and clarify when direct supervision is required. The Board disagrees

with the Rules Committee’s recommendation to include the statutory citation to MCL 333.16104(2) because doing

so will create more confusion instead of providing more clarity.

The Board voted to approve the following changes of the proposed rule presented at the hearing:

R 338.7139 Delegation of acts, tasks, or functions to an a licensed or unlicensed individual; direct supervision of an a licensed or

unlicensed individual; requirements.

Rule 39. (1) A physical therapist who delegates the performance of selected acts, tasks, or functions to an unlicensed individual as

permitted under section 16215 of the code, MCL 333.16215, shall supervise the unlicensed individual consistent with section

16109(2) of the code, MCL 333.16109, and satisfy the requirements of this rule. As used in this rule “unlicensed individual” means an

individual who does not hold a physical therapist license or a physical therapist assistant license that is issued by this state. Pursuant

to section 16215(6) of the code, MCL 333.16215, the requirements of this rule do not apply to a physical therapist who

delegates to a physical therapist assistant if the physical therapist satisfies the requirements for delegation to a physical

therapist assistant under R 338.7138.

(2) Except as provided under subrule (1) of this rule, A a physical therapist who delegates the performance of selected acts,

tasks, or functions to an a licensed or unlicensed individual under section 16215 of the code, MCL 333.16215, shall supervise the

6

individual pursuant to section 16109(2) of the code, MCL 333.16109, in addition to providing provide direct supervision of the

unlicensed individual. As used in this subrule rule, "direct supervision" means that the physical therapist is physically present and

immediately available for direction and supervision when patients or clients are present at the time the act, task, or function is

performed, and that the physical therapist has direct contact with the patient or client during each visit.

(3) A physical therapist who delegates acts, tasks, or functions under subrule (2) of this rule shall also comply with all of the

following:

(a) Ensure the qualifications of the unlicensed individual under the physical therapist's direct supervision, including verification of

the unlicensed individual's training and education.

(b) Examine and evaluate the patient or client before delegating acts, tasks, or functions to be performed by an unlicensed the

individual.

(c) Supervise an unlicensed Directly supervise the individual to whom acts, tasks, or functions have been delegated.

(d) Provide predetermined procedures and protocols for acts, tasks, or functions that have been delegated.

(e) Maintain a record of the names of the unlicensed individuals to whom acts, tasks, or functions have been delegated.

(f) Monitor an unlicensed the individual's practice and provision of assigned acts, tasks, or functions.

(g) Meet regularly and in person with the unlicensed individual to whom acts, tasks, or functions have been delegated to

evaluate the individual's performance, review records, and educate the unlicensed individual on the acts, tasks, or functions that

have been delegated.

(4) A physical therapist shall not supervise more than 3 unlicensed individuals under this rule at the same time.

(5) A physical therapist shall not delegate the performance of a physical therapy intervention to an unlicensed individual.

(6) (5) Under section 16171 of the code, MCL 333.16171, the requirements of subrules subrule (3)(b) and (5) of this rule do

not apply to a student enrolled in an accredited physical therapist or physical therapist assistant educational program approved by

the board.

Rule 338.7163 Acceptable professional development requirement activities; requirements; limitations.

Rule Numbers Commenter

Comment

R 338.7163(2) Shoemaker Do not strike the current citation to the Code of Federal Regulations, Title 34, Part 602 of the Code

of Federal Regulations.

R 338.7163(4) Shoemaker Activity Code 1: Allow continuing education that relates to the practice of physical therapy or any

non-clinical subject relevant to the practice of physical therapy that is approved by any Michigan

boards for health professionals and eliminate reference to only the Michigan Board of Medicine

and Board of Osteopathic Medicine and Surgery; require eligible credit to directly pertain to

physical therapy practice; and, amend the 5^thbullet point to include the following: APTA

Components include the Michigan Physical Therapy Association and other APTA Chapters, APTA

7

Sections and APTA Academies. Under the header titled, “Number of PDR credits earned for

activity” amend the rule as follows: One PDR credit shall be granted for every 50 to 60 minutes of

continuous instruction. When the continuing education provider uses the 0.1 CEU model, that

means 0.1 CEU is granted for every 50 to 60 minutes of continuous instruction.

Activity Code 9: Under the header titled “Activity,” add the following bullet: The APTA’s PTA

Advanced Proficiency Pathways (APP) Program.

Activity Code 11: Under the header titled “Activity,” amend the rule to allow participation in a

physical therapist or physical therapist assistant education program that may include physical

therapy education, research, or practice. Upon audit, the activity should require the licensee to

submit a letter from an appropriate official verifying that the committee or task force dealt with

patient care related issues, which may include the quality of patient care, utilization review,

physical therapy education, research or practice that includes the dates and amount of time the

licensee participated on each date.

R 338.7163(4)

Horner

Activity Code 1: PDR is not clearly defined. Some organizations define .1 PDR credit as equal to

1 hour. The rule should define 1 PDR as equal to 1 hour of continuing education.

Activity Code 4: Credit should be granted based on 1 PDR credit equal to 1 hour of continuous

viewing or listening to media. Partial credit should be granted based on actual time viewing or

listening to media. For example, 30 minutes should equal .5 PDR credit. The activity should

require a licensee to provide documentation verifying the proof of the length of time of the activity.

Activity Code 5: Credit should be granted based on 2 PDR credits equal to 1 hour of continuous

instruction. Partial credit should be granted based on continuous instruction. For example, 50

minutes should equal 1.8 PDR credit. The activity should require a licensee to provide

documentation verifying the proof of the length of time of the activity.

Activity Code 6: Two credits should be granted for all activities under the activity regardless of the

length of continuous instruction. The time spent presenting the activity isn’t the critical factor but

instead the critical factor is the time preparing for the activity itself.

8

Activity Code 9: Revaluate allowing the ABPTS recertification process as an acceptable activity.

Recertification is no longer completed in a single step when choosing to provide a professional

development portfolio. Recertification happens in stages.

Activity Code 11, 12, 16, and 17: Credit should be granted in increments of 60 minutes instead of

50 minutes.

Activity Code 13: Each event or issue should equal 1 PDR credit. Time is not necessarily the key.

A signature from the organization should be required to verify that the event or issue was

adequately researched.

R 338.7163

Shoemaker Add a rule to allow the Board to show discretion if a licensee has not been able to complete the

PDR credits required for renewal due to service in the United States military, prolonged illness or

disability, or other extreme hardship.

Rules

Committee

Response

R 338.7163(2): The Rules Committee agrees with Shoemaker’s comment that the reader may benefit from

clarification to the citation to the Code of Federal Regulations but disagrees with keeping the format of the citation

in the current rule. In keeping with the February 21, 2019 ORR Manual of Style, the citation will be changed to

“The Secretary’s Recognition of Accrediting Agencies, 34 CFR 602.1 to 34 CFR 602.50 (2018).”

Activity Code 1: The Rules Committee disagrees with Shoemaker’s comment for adding a bullet stating, “Eligible

PDR credits for continuing education courses must directly pertain to physical therapy practice.” The activity

already requires the activity to pertain to the practice of physical therapy or any non-clinical subject relevant to the

practice of physical therapy. The Rules Committee agrees Shoemaker’s comment for replacing the Michigan Board

of Medicine and Board of Osteopathic Medicine and Surgery with any Michigan health board or task force under

the Public Health Code. The Rules Committee agrees with Shoemaker’s comment for amending the 5^thbullet

pertaining to the American Physical Therapy Association as recommended by the commenter because it will

provide greater clarity. Finally, the Rules Committee agrees with Shoemaker’s and Horner’s comment for granting

PDR credit when credit is granted by an organization in increments of .1 credit for every 50 to 60 minutes of

continuous instruction.

Activity Code 4: The Rules Committee agrees with Horner’s comment. Credit should be granted beginning with .5

credit for every 30 minutes of viewing or listening to media. A licensee who is audited should identify the title of

the media, the name of the publisher of the media, the date the media was published or copyrighted, and the length

of the media that the license viewed or heard.

9

Activity Code 5: The Rules Committee disagrees with Horner’s comment. It is appropriate to require a minimum

of 50 minutes of continuous instruction before receiving credit. Further, the activity currently requires adequate

proof of the time of the presentation for purposes of demonstrating the length of the activity.

Activity Code 6: The Rules Committee disagrees with Horner’s comment that 2 PDR credits should be granted for

all activities regardless of the time spent presenting. Credit should be based on the time presenting the scientific

exhibit or scientific paper.

Activity Code 9: The Rules Committee agrees with Shoemaker’s comment for adding the APTA’s PTA

Advanced Proficiency Pathways (APP) Program as acceptable under the activity. The Rules Committee

agrees with Horner’s comment to remove the portfolio option because the pathway for an ABPTS

professional development portfolio recertification process takes place over several years and is no longer

adequate for use as an acceptable activity.

Activity Code 11, 12, 16, and 17: The Rules Committee disagrees with Horner’s comment. Fifty minutes of

continuous instruction is used to account for the fact that many activities are scheduled for a period of 60 minutes

but may involve a break in the activity that results in the licensee receiving only 50 minutes of continuous

instruction.

Activity Code 11: The Rules Committee agrees with Shoemaker’s comment. The activity should be amended to

add a physical therapist or physical therapist assistant educational program committee or task force and expand the

list of included issues to include physical therapy education, research, or education. Upon audit, the activity should

require the licensee to submit a letter from an appropriate official verifying that the committee or task force dealt

with patient care related issues, which may include the quality of patient care, utilization review, physical therapy

education, research or practice that includes the dates and amount of time the licensee participated on each date.

Activity Code 13: The Rules Committee notes that Horner’s comment states activity code 14 but her comment

refers to the content under activity code 13. The Rules Committee agrees that 1 PDR credit should be granted for

each event or issue because the time spent on the activity is not the key factor in determining the amount of

learning gained from the event or issue. The Rules Committee disagrees that a licensee should be required to

provide a signature from the organization involved with the event or issue because the experiential activity from

provided by the department is adequate for verifying completion of the activity.

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R 338.7163: The Rules Committee disagrees with Shoemaker’s comment. MCL 333.16205(1) allows the Board to

waive the requirement to attend educational programs as a condition to license renewal if, upon written

application, the Board finds the failure of the licensee to attend was due to the licensee’s disability, military

service, absence from the continental United States, or a circumstance beyond the control of the licensee that the

Board considers good and sufficient. The rule proposed by the commenter would be duplicative of statute.

However, the Rules Committee agrees that a rule should be added to clarify that a request for a waiver under MCL

333.16205(1) should be received by the department prior to the expiration date of the license for the request to be

considered by the Board.

Board

Response

The Board agrees with all of the Rules Committee’s recommendations but notes that Shoemaker’s comment for

activity code 1 regarding the changes to the entities offering continuing education programs directly affects the

entities under activity code 5. To prevent inconsistency within the table, the Board voted to amend activity code 5

to include the same entities that will be added under activity code 1 in addition to accepting the other changes

recommended by the Rules Committee.

The Board voted to approve the following changes of the proposed rule presented at the hearing:

R 338.7163 Acceptable professional development requirement activities; requirements; limitations.

Rule 63. (1) The 24 PDR credits required under R 338.7161(2) for the renewal of a license shall meet the following requirements,

as applicable:

(a) No more than 12 PDR credits shall be earned for approved online continuing education programs or activities during one 24-

hour period.

(b) A licensee shall not earn PDR credit for a continuing education program or activity that is identical or substantially identical to

a program or activity for which the licensee has already earned credit for during that renewal period.

(c) Pursuant to section 16204(2) of the code, MCL 333.16204, a licensee shall earn at least 1 PDR credit in the area of pain and

symptom management by completing a continuing education program or activity. Credits in pain and symptom management may

include, but are not limited to, courses in behavior management, psychology of pain, pharmacology, behavior modification, stress

management, clinical applications, and drug interventions as they relate to the practice of physical therapy.

(2) The board adopts by reference the procedures and criteria for recognizing accrediting organizations of the Council for Higher

Education Accreditation (CHEA), effective June 28, 2010, and the procedures and criteria for recognizing accrediting agencies of the

United States Department of Education, effective July 1, 2010, as contained in 34 CFR part 602 The Secretary’s Recognition of

Accrediting Agencies, 34 CFR 602.1 to 34 CFR 602.50 (2018). Copies of the procedures and criteria of CHEA and the United States

Department of Education are available for inspection and distribution at cost from the Board of Physical Therapy, Bureau of

Professional Licensing, Department of Licensing and Regulatory Affairs 611 West Ottawa, P.O. Box 30670, Lansing, MI 48909.

11

CHEA’s procedures and criteria also may be obtained, from CHEA, One Dupont Circle NW, Suite 510, Washington, DC 20036-1110

and at no cost from CHEA’s website at http://www.chea.org. The federal recognition criteria may be obtained at no cost from the

United States Department of Education Office of Postsecondary Education, 1990 K Street, NW, Washington, DC 20006 or from the

department's website at www.ed.gov.

(3) As used in this rule, “continuous instruction” means education or presentation time that does not include breakfast, lunch, or

dinner periods, coffee breaks, or any other breaks in the activity or program.

(4) Credit may be earned for any of the following activities:

ACCEPTABLE PDR ACTIVITIES

Activity

Code

Activity

Number of PDR credits earned for

activity

1

Completing an approved continuing education program or activity related to The number of credits approved by the

the practice of physical therapy or any non-clinical subject relevant to the

practice of physical therapy. A continuing education program or activity is

approved, regardless of the format in which it is offered, if it is approved or

offered for continuing education credit by any of the following:

sponsor or the approving organization

shall be granted.

When the sponsor or approving

organization calculates credit at a rate

of 0.1 credit for every 50 to 60 minutes

of continuous instruction then 0.1

credit shall equal 1 PDR credit.

 Another state board of physical therapy.

 The Michigan board of medicine. Another board or task force

regulated under Article 15 of the Code.

 The Michigan board of osteopathic medicine and surgery.

 FSBPT.

A maximum of 20 PDR credits may be

earned for this activity in each renewal

period.

 The American Physical Therapy Association (APTA) or its

components. APTA components include the Michigan

Physical Therapy Association and other APTA

Chapters, APTA Sections, and APTA Academies.

 An accredited physical therapist educational program that meets the

standards under R 338.7131.

 An accredited physical therapist assistant educational program that

meets the standards under R 338.7141.

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If audited, a licensee shall submit a copy of a letter or certificate of

completion showing the licensee’s name, number of credits earned, sponsor

name or the name of the organization that approved the program or activity

for continuing education credit, and the date or dates on which the program

was held or activity completed.

2

Passing a postgraduate academic course related to the practice of physical

therapy offered by either of the following:

Fifteen PDR credits shall be granted for

each semester credit earned and 10 PDR

credits shall be granted for each quarter

or term credit earned.

 An accredited physical therapist educational program that meets the

standards under R 338.7131.

 A nationally accredited university or college that meets the standards

in subsection (2) of this rule.

A maximum of 20 PDR credits may be

earned for this activity in each renewal

period.

If audited, a licensee shall submit a copy of the transcript showing credit

hours of the academic courses related to physical therapy.

3

Reading an article related to the practice of physical therapy in a professional One PDR credit shall be granted for each

or scientific journal. article.

This activity does not include articles that are approved for PDR credit under A maximum of 6 PDR credits may be

activity code 1.

earned for this activity in each renewal

period.

To receive credit, a licensee shall successfully complete an evaluation that

was provided with the article or the general response form provided by the

department as an evaluative component for this activity.

If audited, a licensee shall submit documentation from the professional or

scientific journal or a copy of the completed general response form to verify

that he or she completed an evaluation.

13

4

Viewing or listening to media devoted to professional education related to

the practice of physical therapy, other than on-line programs, that was not

approved or offered for continuing education credit.

One PDR credit shall be granted for

every 50 minutes of continuous

instruction. One-half of 1 PDR credit

shall be granted for every 30 minutes

of continuous instruction.

To receive credit, a licensee shall successfully complete an evaluation that

was provided with the educational media or the general response form

provided by the department as an evaluative component for this activity.

A maximum of 6 PDR credits may be

earned for this activity in each renewal

period.

If audited, a licensee shall submit a copy of the completed evaluation or

completed general response form to verify that he or she completed an

evaluation, and identify the title of the media, the name of the publisher

of the media, the date the media was published or copyrighted, and the

length of the media.

5

Presenting a continuing education program related to the practice of physical Two PDR credits shall be granted for

therapy.

every 50 minutes of continuous

instruction. A presentation shall not be

less than 50 minutes in length.

To receive credit, the presentation shall be approved or offered for continuing

education credit by any of the following:

A maximum of 12 PDR credits may be

earned for this activity in each renewal

period.

 Another state board of physical therapy.

 The Michigan board of medicine. Another board or task force

regulated under Article 15 of the code.

 The Michigan board of osteopathic medicine and surgery.

 FSBPT.

 APTA or its components. APTA components include the

Michigan Physical Therapy Association and other APTA

Chapters, APTA Sections and APTA Academies.

 An accredited physical therapist educational program that meets the

standards under R 338.7131.

 An accredited physical therapist assistant educational program that

meets the standards under R 338.7141.

14

If audited, a licensee shall submit a letter from the program sponsor

confirming the licensee as the presenter and the presentation date and time,

or a copy of the presentation notice or advertisement showing the date of the

presentation, the licensee’s name listed as a presenter, and the name of the

organization that approved or offered the presentation for continuing

education credit.

6

Presenting a scientific exhibit or scientific paper accepted for presentation

through a peer review process at a state, regional, national, or international

physical therapy conference, or its components, or a related professional

organization.

Two PDR credits shall be granted for

every 50 minutes of continuous

instruction.

A maximum of 12 PDR credits may be

earned for this activity in each renewal

period.

If audited, a licensee shall submit a copy of the document presented with

evidence of presentation or a letter from the program sponsor verifying the

exhibit or paper was accepted for presentation through a peer review process

and the date of the presentation.

7

Writing an article related to the practice, education, or research of physical

therapy that is published in any of the following:

Six PDR credits shall be granted for

each article.

A maximum of 12 PDR credits may be

earned for this activity in each renewal

period.

 The journal of a national physical therapy association or its

components.

 A peer-reviewed journal.

 A health care journal.

 A professional or scientific journal.

If audited, a licensee shall submit a copy of the publication that identifies the

licensee as the author of the article or a publication acceptance letter.

15

8

9

Writing a chapter related to the practice, education, or research of physical

therapy that is published in a book.

Six PDR credits shall be granted for

each chapter.

If audited, a licensee shall submit a copy of the publication that identifies the A maximum of 12 PDR credits may be

licensee as the author of the chapter or a publication acceptance letter.

earned for this activity in each renewal

period.

Successfully completing 1 of the following:

Twenty-three PDR credits shall be

granted for each successful completion.

 An American Board of Physical Therapy Specialties (ABPTS)

certification examination.

 An ABPTS recertification examination.

 An ABPTS professional development portfolio for recertification.

 The APTA’s PTA Advanced Proficiency Pathways program.

A maximum of 23 PDR credits may be

earned for this activity in each renewal

period.

If audited, a licensee shall submit proof of certification or recertification.

10

Participating as a student for a minimum of 1,000 hours in any of the

following:

Twelve PDR credits shall be granted for

1,000 hours of participation.

A maximum of 12 PDR credits may be

earned for this activity in each renewal

period.

 A postgraduate clinical training program related to the practice of

physical therapy provided through or recognized by an accredited

physical therapist educational program that meets the standards under

R 338.7131.

 A postgraduate clinical training program related to the practice of

physical therapy provided through or recognized by an accredited

physical therapist assistant educational program that meets the

standards under R 338.7141.

 A postgraduate clinical training program related to the practice of

physical therapy offered through a health care organization accredited

by an organization recognized by the Centers for Medicare and

Medicaid Services.

16

 A postgraduate clinical training program related to the practice of

physical therapy that is accredited or credentialed by the APTA or an

organization approved by the board.

If audited, a licensee shall submit a letter from the program director verifying

the number of hours the licensee participated in the clinical training program

and that the program was provided, offered, or accredited by an educational

program or organization that meets the requirements of this rule.

11

Participation in a health care organization committee, physical therapy or

One PDR credit shall be granted for

physical therapy assistant educational program, or task force dealing with every 50 minutes of participation.

patient care related issues, which may include physical therapy education,

research, or practice or quality of patient care and utilization review.

earned for this activity in each renewal

A maximum of 6 PDR credits may be

If audited, a licensee shall submit a letter from an organization appropriate

official representing the committee, educational program, or task force

verifying that the committee, educational program, or task force or

organization dealt with patient care related issues, and the licensee’s

participation, including the dates and the amount of time the licensee

participated on each date. which may include physical therapy education,

research, or practice or quality of patient care and utilization review.

The letter must also include the dates and the amount of time the

licensee participated on each date.

period.

12

Serving as a guest instructor of students, staff, or other licensees at any of the Two PDR credits shall be granted for

following:

every 50 minutes of continuous

instruction.

 A clinical training program related to the practice of physical therapy

provided through or recognized by an accredited physical therapist

educational program that meets the standards under R 338.7131.

 A clinical training program related to the practice of physical therapy

provided through or recognized by an accredited physical therapist

A maximum of 12 PDR credits may be

earned for this activity in each renewal

period.

17

assistant educational program that meets the standards under R

338.7141.

 A clinical training program related to the practice of physical therapy

offered through a health care organization accredited by an

organization recognized by the Centers for Medicare and Medicaid

Services.

 A clinical training program related to the practice of physical therapy

that is accredited or credentialed by APTA or an organization

approved by the board.

If audited, a licensee shall submit a letter from the program director verifying

the licensee’s role, the number of instructional sessions on specific subjects

provided by the licensee, and the length of the instructional sessions. Also,

the letter shall verify that the clinical training program was provided, offered,

or accredited by an educational program or organization that meets the

requirements of this rule.

13

Serving as a clinical instructor or clinical supervisor for students completing Three PDR credits shall be granted for

an internship, residency, or fellowship program that is recognized or

approved by any of the following:

40 hours of clinical instruction or

supervision.

A maximum of 12 PDR credits may be

earned for this activity in each renewal

period.

 An accredited educational program for physical therapists that meets

the standards under R 338.7131.

 An accredited educational program for physical therapist assistants

that meets the standards under R 338.7141.

 APTA or an organization approved by the board.

If audited, a licensee shall submit a letter from the educational program or

clinical agency director verifying the licensee’s role, the number of hours of

instruction or supervision provided by the licensee, and that the internship,

residency, or fellowship program is recognized or approved by an

educational program or organization that meets the requirements of this rule.

18

14

Identifying, researching, and addressing an event or issue related to

professional practice.

One PDR credit shall be granted for

each separate every 50 minutes of

identifying, researching, or addressing

an event or issue.

If audited, a licensee shall submit a completed experiential activity form

provided by the department for each issue or event.

A maximum of 6 PDR credits may be

earned for this activity in each renewal

period.

15

Participating on an international, national, regional, state, state component, or Four PDR credits shall be granted for

local task force, committee, board, council, or association related to the field participation on each task force,

of physical therapy that is considered acceptable by the board. A task force,

committee, board, council, or association is considered acceptable if it

enhances the participant’s knowledge and understanding of the field of

physical therapy.

committee, board, council, or

association.

A maximum of 12 PDR credits may be

earned for this activity in each renewal

period.

If audited, a licensee shall submit documentation verifying the licensee’s

participation in at least 50% of the regularly scheduled meetings of the task

force, committee, board, council, or association.

16

Participating as a surveyor for an external agency in a program involving the One PDR credit shall be granted for

accreditation, certification, or inspection of an educational program for

physical therapists or physical therapist assistants or a certification process

for a clinical agency.

every 50 minutes of participation.

A maximum of 12 PDR credits may be

earned for this activity in each renewal

If audited, a licensee shall submit a letter from the accreditation, certification, period.

or inspection program verifying the licensee’s participation, the location of

the inspections, and the number of hours the licensee spent participating as a

surveyor.

17

Performing volunteer work related to the field of physical therapy without

reimbursement in a public or nonprofit entity.

One PDR credit shall be granted for

every 50 minutes of volunteer work

performed.

19

If audited, a licensee shall submit a letter from an official at the public or

nonprofit entity verifying the number of hours and the type of volunteer work earned for this activity in each renewal

performed by the licensee. period.

A maximum of 6 PDR credits may be

18

Serving as a center or site coordinator of clinical education at an agency that Two PDR credits shall be granted per

provides clinical internships for students enrolled in programs that are

recognized or approved by either of the following:

year of serving as the coordinator.

 An accredited educational program for physical therapists that meets

the standards under R 338.7131.

 An accredited educational program for physical therapist assistants

that meets the standards under R 338.7141.

A maximum of 4 PDR credits may be

earned for this activity in each renewal

period.

If audited, a licensee shall submit a letter from the educational program or

clinical agency director verifying the licensee’s role and that students were

placed and participated in the internship program during the time for which

the licensee is claiming PDR credit.

19

Completing a self-review tool that is developed by FSBPT.

Three PDR credits shall be granted for

each completion.

To receive credit, a licensee shall submit documentation from FSBPT

verifying completion of the self-review tool.

A maximum of 3 PDR credits may be

earned for this activity in each renewal

period.

(5) A request for a continuing education waiver pursuant to section 16205 (1) of the Code, MCL 333.16205(1), must be

received by the department before the expiration date of the license.

New Rule Pertaining to supervision of the physical therapist assistant.

Rule Numbers Commenter

Comment

New Rule

Shoemaker Add the following new rule: R 338.7140 Supervision of the physical therapist assistant.

R 338.7140

20

The physical therapist assistant is a subfield license of the licensed physical therapist under section

17801(b) of the code, MCL 333.17801. Practice as a physical therapist assistant may only occur

under the general supervision of the physical therapist; section 17801(c) of the code, MCL

333.17801. No other licensed health professional may supervise the physical therapist assistant.

The Rules Committee disagrees with adding a rule to prohibit other licensed health professionals who are not

licensed as a physical therapist from supervising a licensed physical therapist assistant. MCL 333.17819 provides

that Part 178, MCL 333.17801 to 333.17827, pertaining to physical therapy, does not prohibit an individual

licensed, registered, or otherwise authorized to engage in a health profession under any other part or any other act

from performing activities that are considered the practice of physical therapy or the practice as a physical

therapist assistant so long as those activities are within the individual’s scope of practice. Further, pursuant to

MCL 333.16215, health professionals may delegate to other individuals certain acts, tasks, or functions that fall

within the scope of practice of the licensee that will be performed under the licensee’s supervision. Shoemaker’s

recommendations would conflict with MCL 333.17819 and MCL 333.16215.

Rules

Committee

Response

Board

The Board agrees with the Rules Committee’s recommendation.

Response

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