Alabama Administrative Code Chapter 700-X-1 — Organization, Administration and Procedure

700 Alabama Board of Physical Therapy

Ala. Admin. Code r. 700-X-1-.01 Purpose

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

History

• Author: James R. Hobbs, Jr.; Anne H. Harrison; Robert L. Shoemake
• Authority: Code of Ala. 1975, §34-24-193.
• Filed September 30, 1982. Amended: Filed December 5, 1995; effective January 9, 1996. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017.

Ala. Admin. Code r. 700-X-1-.02 Composition And Selection Of Board

(1) The Board of Physical Therapy shall consist of seven members who meet the qualifications set out in Code of Ala. 1975, §34-24-192(b), appointed by the Governor from a list of five persons nominated for each place on such Board by the current licensees and certified to him by the Board. For the purpose of preparing the list of five names, the Board shall conduct an annual meeting at which all physical therapists and physical therapist assistants holding a current license as identified under the provisions of this act shall have the right to attend, nominate, and vote. Nominations may be made from the floor, or mailed to the Board to be received no later than two weeks prior to the nominations/election meeting. Late nominations will not be accepted. Written, signed consent of each nominee is required. The Board will select the date, time, and place of the meeting at which nominations and voting will be accomplished. All licensees will be notified electronically at least 30 days prior to said meeting.

(2) In the event of a vacancy prior to the next meeting, the Governor will fill such vacancy from the remaining names on the list. Board members shall be appointed for staggered terms of five years each, so that at least one member's term expires each year. No person shall be appointed for more than two consecutive terms. Four members shall be physical therapists, two members shall be physical therapist assistants, and one member shall be a consumer.

(3) The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.

History

• Author: John C. Badenhop; James R. Hobbs, Jr.; Anne H. Harrison; Robert L. Shoemake; Beth Curry Dozier; Herbert R. Caillouet; Olivia J. Box; Sonja Farrell; John C. Cormier; Andy Gustafson; Ron Bass; Jay Segal; Mitzi Tuttle; Vince Molyneux; Eric Dekle
• Authority: Code of Ala. 1975, §§34-24-192, 34-24-193.
• Filed September 30, 1982. Amended: Filed September 6, 1985; November 29, 1989. Amended: Filed May 6, 2002; effective June 10, 2002. Amended: Filed March 22, 2010; effective April 26, 2010. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017.

Ala. Admin. Code r. 700-X-1-.03 General Description Of Organization And Operation

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

History

• Author: James R. Hobbs, Jr.; Anne H. Harrison; Robert L. Shoemake
• Authority: Code of Ala. 1975, §§34-24-193, 34-24-195.
• Filed September 30, 1982. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017.

Ala. Admin. Code r. 700-X-1-.04 Officers

(1) Election.

(a) The Board shall elect a chair, a secretary, and a treasurer, annually at the first meeting held after October the 1st.

(2) Compensation and Expenses. Board members shall be compensated on a per diem basis for days actually spent in performance of their duties in an amount that shall be fixed from time to time by resolution of the Board. Additionally, members of the Board shall be reimbursed according to the state travel policy for their other expenses.

History

• Author: John C. Badenhop; James R. Hobbs, Jr.; Anne H. Harrison; Robert L. Shoemake; Beth Curry Dozier; Herbert R. Caillouet; Olivia J. Box; Sonja Farrell; John C. Cormier
• Authority: Code of Ala. 1975, §§34-24-192, 34-24-193.
• Filed September 30, 1982. Amended: Filed September 6, 1985. Amended: Filed May 6, 2002; effective June 10, 2002. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017.

Ala. Admin. Code r. 700-X-1-.05 Executive Director

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

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

History

• Author: James R. Hobbs, Jr.; Anne H. Harrison; Robert L. Shoemake; Donald L. Hiltz; Herbert R. Caillouet
• Authority: Code of Ala. 1975, §34-24-193.
• Filed September 30, 1982. Amended: Filed May 6, 1996; effective June 10, 1996. Amended: Filed March 5, 1999; effective April 9, 1999. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017. Amended: Published April 30, 2024; effective June 14, 2024.
• Editor's note: Previous Rule .05 was repealed and renumbered .06 per certification filed May 12, 2017; effective June 26, 2017.

Ala. Admin. Code r. 700-X-1-.06 Meetings

(1) Meetings may be called by the chair or by a quorum of the Board.

(2) Each member of the Board shall be given at least seven days’ notice of the time, place, and purpose of any regular or special meeting by the chair or the executive director, unless such notice is waived by the individual member or unless such member is present at the called meeting.

(3) The Board shall conduct an annual meeting at which all physical therapists and physical therapist assistants shall have the right to attend, nominate, and vote on persons for positions on the board. Special meetings may be called as necessary.

History

• Author: James R. Hobbs, Jr.; Anne H. Harrison; Robert L. Shoemake; Beth Curry Dozier; Herbert R. Caillouet; Olivia J. Box; Sonja Farrell; John C. Cormier
• Authority: Code of Ala. 1975, §34-24-193.
• Filed September 30, 1982. Amended: Filed November 29, 1989. Amended: Filed May 6, 2002; effective June 10, 2002. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017.
• Editor's note: Previous Rule .09 was renumbered .06 per certification filed May 12, 2017; effective June 26, 2017.

Ala. Admin. Code r. 700-X-1-.07 Voting

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

History

• Author: James R. Hobbs, Jr.; Anne H. Harrison; Robert L. Shoemake; Beth Curry Dozier; Herbert R. Caillouet; Olivia J. Box; Sonja Farrell; John C. Cormier
• Authority: Code of Ala. 1975, §34-24-193.
• Filed September 30, 1982. Amended: Filed May 6, 2002; effective June 10, 2002. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017.
• Editor's note: Previous Rule .11 was renumbered .07 per certification filed May 12, 2017; effective June 26, 2017.

Ala. Admin. Code r. 700-X-1-.08 Use Of Forms

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

History

• Author: James R. Hobbs, Jr.; Anne H. Harrison; Robert L. Shoemake; Donald L. Hiltz; Herbert R. Caillouet
• Authority: Code of Ala. 1975, §34-24-193.
• Filed September 30, 1982. Amended: Filed March 5, 1999; effective April 9, 1999. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017.
• Editor's note: Previous Rule .12 was renumbered .08 per certification filed May 12, 2017; effective June 26, 2017.

Ala. Admin. Code r. 700-X-1-.09 Records

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

History

• Author: Kathy Miller, J. Matt Bledsoe
• Authority: Code of Ala 1975, §34-24-193.
• Filed September 30, 1982. Amended: Filed November 29, 1989. Amended: Filed March 5, 1999; effective April 9, 1999. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017. Amended: Published September 29, 2023; effective November 13, 2023.
• Editor's note: Previous Rule .13 was renumbered .09 per certification filed May 12, 2017; effective June 26, 2017.

Ala. Admin. Code r. 700-X-1-.10 Fees For Public Records Request From The Alabama Board Of Physical Therapy

Document retrieval and preparation charges are $20.00 per hour or any portion thereof. Copying of records will cost a fee not to exceed .50¢ per page. Notwithstanding the foregoing, the Board will charge the requestor any actual costs incurred while processing or responding to a public records request. Costs for a flash drive or other hardware necessary for electronically producing records, for special paper sizes, and for costs associated with searching electronic databases and all other costs will be charged to the requestor. The Board will notify the requestor of these actual costs prior to charging the requestor.

History

• Author: Kathy Miller, J. Matt Bledsoe
• Authority: Code of Ala. 1975, §34-24-193.
• Filed September 30, 1982. Amended: Filed November 29, 1989. Amended: Filed March 5, 1999; effective April 9, 1999. Amended: Filed September 20, 2012; effective October 25, 2012; operative November 2, 2012. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017. Amended: Published September 29, 2023; effective November 13, 2023.
• Editor's note: Previous Rule .14 was renumbered .10 per certification filed May 12, 2017; effective June 26, 2017.

Ala. Admin. Code r. 700-X-1-.11 Directory

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

History

• Author: James R. Hobbs, Jr.; Anne H. Harrison; Robert L. Shoemake; Donald L. Hiltz; Herbert R. Caillouet; Vince Molyneux; John Cormier; Jay Seal; Eric Dekle; Mitzi Watson; Mary Jolley, Matt Bledsoe, Kathy Miller
• Authority: Code of Ala. 1975, §34-24-193, 34-24-220.
• New Rule: Published April 30, 2024; effective June 14, 2024.