842 IAC 1 — ARTICLE 1. PHYSICAL THERAPISTS AND PHYSICAL THERAPISTS' ASSISTANTS

TITLE 842 INDIANA BOARD OF PHYSICAL THERAPY

ARTICLE 1. PHYSICAL THERAPISTS AND PHYSICAL THERAPISTS' ASSISTANTS

Rule 1

842 IAC 1-1-1 842 IAC 1-1-1 Definitions

Rule 1. General Provisions

842 IAC 1-1-1 Definitions

Authority: IC 25-27-1-5

Affected: IC 25-27-1-1; IC 25-27-1-2; IC 25-27-1-8; IC 25-27-2-2

Sec. 1. (a) The definitions in this section apply throughout this article.

(b) "Agency" refers to the Indiana professional licensing agency.

(c) "Contact hour" means a unit of measure for a continuing competency activity. One (1) contact hour equals at least fifty (50) minutes in a learning activity.

(d) "Continuing competence" or "continuing competencey [sic] " has the meaning set forth in IC 25-27-1-10(11) [sic, IC 25-27-1-1(11)] and IC 25-27-2-2(5). The requirements for demonstrating continuing competence are set forth in 842 IAC 1-7-1.

(e) "Direct supervision"

has the meaning set forth in IC 25-27-1-1(13).

(f) "Physical therapist assistant" has the meaning set forth in IC 25-27-1-1(3).

(g) "Physical therapy" has the meaning set forth in IC 25-27-1-1(1) and includes, but is not limited to, such measures as the following:

(1) Performing and interpreting tests and measurements of neuromuscular, musculoskeletal, cardiac, and pulmonary functions as a part of treatment, interpretation of physician referrals, initial patient evaluation, initial and ongoing treatment planning, periodic reevaluation of the patient, and adjustment of the treatment plan.

(2) Planning initial and subsequent treatment programs on the basis of test findings, and if the patient is referred for physical therapy, within the orders of a referring provider.

(3) Administering treatment through the use of physical, chemical, or other properties of heat or cold, light, water, electricity, massage, mechanical devices, and therapeutic exercise, which includes all types of physical rehabilitative techniques and procedures, including using solid filiform needles to treat neuromusculoskeletal pain and dysfunction (dry needling).

(h) "Referring provider" refers to an individual authorized to provide an order or referral for physical therapy under IC 25-27-1-2(b).

(Indiana Board of Physical Therapy; 842 IAC 1-1-1; filed Mar 10, 1983, 3:59 p.m.: 6 IR 773; filed Jun 11, 1984, 1:02 p.m.: 7 IR 1937; filed Mar 6, 1986, 3:00 p.m.: 9 IR 1662; filed Aug 6, 1987, 3:00 p.m.: 10 IR 2731; filed Apr 14, 1994, 5:00 p.m.: 17 IR 2077; filed Sep 22, 1994, 4:30 p.m.: 18 IR 261; readopted filed Nov 9, 2001, 3:16 p.m.: 25 IR 1325; filed Aug 26, 2004, 10:15 a.m.: 28 IR 209; readopted filed Nov 17, 2010, 9:48 a.m.: 20101215-IR-844100405RFA; filed Jan 30, 2013, 12:31 p.m.: 20130227-IR-844120204FRA; readopted filed Nov 22, 2016, 12:11 p.m.: 20161221-IR-844160317RFA; readopted filed May 26, 2022, 9:18 a.m.: 20220622-IR-842220117RFA; filed Mar 23, 2023, 1:38 p.m.: 20230419-IR-842220353FRA; readopted filed Feb 15, 2024, 1:29 p.m.: 20240313-IR-842230774RFA) NOTE: Transferred from the Medical Licensing Board of Indiana (844 IAC 6-1-2) to the Indiana Board of Physical Therapy (842 IAC 1-1-1) by P.L.160-2019, SECTION 31, effective July 1, 2019.

842 IAC 1-1-2 842 IAC 1-1-2 Standards of practice for physical therapy services

842 IAC 1-1-2 Standards of practice for physical therapy services

Authority: IC 25-27-1-5

Affected: IC 25-27-1-1; IC 25-27-1-2; IC 25-27-1-8

Sec. 2. (a) A physical therapy service shall be under the direction of a licensed physical therapist who is qualified by experience, demonstrated ability, and specialized education. The supervising physical therapist at all times shall be available and under all circumstances shall be responsible for the direction and the actions of the person supervised when services are performed by the physical therapist assistant, or the holder of a temporary permit issued under IC 25-27-1-8(d). For the holder of a temporary permit issued under IC 25-27-1-8(d), unless the supervising physical therapist is on the premises to provide constant supervision, the holder of a temporary permit shall meet with the physical therapist at least once each working day to review all patients' treatments. This meeting must include the actual presence of the physical therapist and the holder of a temporary permit. The patients' care shall always be the responsibility of the supervising physical therapist. Reports written by the holder of a temporary permit for inclusion in the patient record shall be countersigned by the physical therapist who may enter any remarks, revisions, or additions as the physical therapist deems appropriate. With respect to the supervision of the physical therapist assistants under IC 25-27-1-2(c), unless the supervising physical therapist is on the premises to provide constant supervision, the physical therapist assistant shall consult with the supervising physical therapist at least once each working day to review all patients' treatments. The supervising physical therapist shall examine each patient not less than:

(1) every fourteen (14) days for inpatients in either a hospital or comprehensive rehabilitation facility;

(2) the earlier of every ninety (90) days or six (6) physical therapy visits for patients in a facility for the developmentally disabled (DD) and school system patients; and

(3) the earlier of every thirty (30) days or every fifteen (15) physical therapy visits for all other patients;

to review the patients' treatments and progress. If this daily consultation is not face-to-face, the physical therapist may not supervise more than the equivalent of three (3) full-time physical therapist assistants. Consultation between a supervising physical therapist and the physical therapist assistant may be in person, by telephone, or by a telecommunications device for the deaf (TDD), so long as there is interactive communication concerning patient care.

(b) A physical therapist shall develop a plan of care for each patient and shall be responsible for the plan implementation and modification. When a patient is referred for physical therapy by a referring provider, a physical therapist shall consult with the referring provider regarding any contraindicated or unjustified treatment.

(c) The physical plant shall be planned, constructed, and equipped to provide adequate space and a proper environment to meet the service needs with safety and efficiency.

(d) A physical therapist assistant may assist in the practice of physical therapy under the supervision of a licensed physical therapist by performing those assigned physical therapy procedures identified in 842 IAC 1-1-1(g)(3) [sic, section 1(g)(3) of this rule] with the exception of the use of solid filiform needles to treat neuromuscular pain and dysfunction (dry needling), but not those specified in subsections 842 IAC 1-1-1(g)(1) or (2) [sic, section 1(g)(1) or 1(g)(2) of this rule] .

(Indiana Board of Physical Therapy; 842 IAC 1-1-2; filed Mar 10, 1983, 3:59 p.m.: 6 IR 773; filed Jun 11, 1984, 1:02 p.m.: 7 IR 1938; filed Sep 22, 1994, 4:30 p.m.: 18 IR 262; readopted filed Nov 9, 2001, 3:16 p.m.: 25 IR 1325; readopted filed Oct 4, 2007, 3:35 p.m.: 20071031-IR-844070051RFA; readopted filed Nov 25, 2013, 9:24 a.m.: 20131225-IR-844130307RFA; readopted filed Nov 22, 2016, 12:11 p.m.: 20161221-IR-844160317RFA; readopted filed May 26, 2022, 9:18 a.m.: 20220622-IR-842220117RFA; filed Mar 23, 2023, 1:38 p.m.: 20230419-IR-842220353FRA; readopted filed Feb 15, 2024, 1:29 p.m.: 20240313-IR-842230774RFA) NOTE: Transferred from the Medical Licensing Board of Indiana (844 IAC 6-1-3) to the Indiana Board of Physical Therapy (842 IAC 1-1-2) by P.L.160-2019, SECTION 31, effective July 1, 2019.

842 IAC 1-1-3 842 IAC 1-1-3 Accreditation of educational programs

842 IAC 1-1-3 Accreditation of educational programs

Authority: IC 25-27-1-5

Affected: IC 25-27-1-1

Sec. 3. (a) The board shall maintain a list of physical therapy and physical therapist assistant educational programs that meet the requirements of subsection (b). This list shall be available in written form from the Indiana Professional Licensing Agency, 402 West Washington Street, Room W072, Indianapolis, Indiana 46204.

(b) An approved program for physical therapists is a professional physical therapist education program accredited by the Commission on Accreditation in Physical Therapy Education (CAPTE) or its successor. An approved program for physical therapist assistants is one that is accredited by CAPTE or its successor.

(c) A graduate or candidate for graduation from an educational program, which is not on the list of approved programs, may apply to the board for approval by petition demonstrating that the educational program meets the board's standards for approval of the accreditation agency identified in subsection (b).

(d) The board may remove an educational program from its list of approved programs upon the grounds that the educational program no longer meets its standards for approval of the accreditation agency identified in subsection (b).

(Indiana Board of Physical Therapy; 842 IAC 1-1-3; filed Aug 6, 1987, 3:00 p.m.: 10 IR 2732; filed Sep 22, 1994, 4:30 p.m.: 18 IR 263; readopted filed Nov 9, 2001, 3:16 p.m.: 25 IR 1325; filed Oct 7, 2002, 11:51 a.m.: 26 IR 377; filed Aug 26, 2004, 10:20 a.m.: 28 IR 203; readopted filed Nov 17, 2010, 9:48 a.m.: 20101215-IR-844100405RFA; readopted filed Nov 22, 2016, 12:11 p.m.: 20161221-IR-844160317RFA; readopted filed May 26, 2022, 9:18 a.m.: 20220622-IR-842220117RFA; filed Mar 23, 2023, 1:38 p.m.: 20230419-IR-842220353FRA; readopted filed Feb 15, 2024, 1:29 p.m.: 20240313-IR-842230774RFA) NOTE: Transferred from the Medical Licensing Board of Indiana (844 IAC 6-1-4) to the Indiana Board of Physical Therapy (842 IAC 1-1-3) by P.L.160-2019, SECTION 31, effective July 1, 2019.

Rule 2

842 IAC 1-2-1 842 IAC 1-2-1 Fees

Rule 2. Fees

842 IAC 1-2-1 Fees

Authority: IC 25-1-8-2; IC 25-27-1-5

Affected: IC 25-27-1-7

Sec. 1. (a) The board shall charge and collect the following fees:


	Application for licensure/certification	$100
	Application to repeat national examination	$50
	License/certification renewal	$100 biennially
	Temporary permit	$50
	Verification of licensure/certification	$10
	Duplicate wall license/certification	$10
	Application for compact privilege	$100 in addition to the Compact Commission fee established by the Physical Therapy Compact Commission
	Compact privilege renewal	$100 biennially in addition to the Compact Commission fee established by the Physical Therapy Compact Commission

(b) Applicants required to take the national examination for licensure shall pay a fee directly to a professional examination service in the amount set by the examination service.

(Indiana Board of Physical Therapy; 842 IAC 1-2-1; filed Feb 11, 2002, 4:35 p.m.: 25 IR 2247; readopted filed Oct 10, 2008, 8:57 a.m.: 20081105-IR-844080340RFA; readopted filed Dec 2, 2014, 10:09 a.m.: 20141231-IR-844140391RFA; readopted filed Nov 22, 2016, 12:11 p.m.: 20161221-IR-844160317RFA; readopted filed May 26, 2022, 9:18 a.m.: 20220622-IR-842220117RFA; filed Mar 23, 2023, 1:38 p.m.: 20230419-IR-842220353FRA; readopted filed Feb 15, 2024, 1:29 p.m.: 20240313-IR-842230774RFA) NOTE: Transferred from the Medical Licensing Board of Indiana (844 IAC 6-2-2) to the Indiana Board of Physical Therapy (842 IAC 1-2-1) by P.L.160-2019, SECTION 31, effective July 1, 2019.

842 IAC 1-2-2 842 IAC 1-2-2 Fines and civil penalties

842 IAC 1-2-2 Fines and civil penalties

Authority: IC 25-1-9-9; IC 25-27-1-5

Affected: IC 25-27-1

Sec. 2. (a) Unless otherwise established in this title, fines and civil penalties levied by the board are set at fifty percent (50%) of the statutory maximum. If no statutory maximum is set, the fine or civil penalty is set at one thousand dollars ($1,000).

(b) A fine or civil penalty levied under subsection (a) may be reduced or increased after consideration of the mitigating factors identified in subsection (c) and aggravating factors identified in subsection (d). No fine or civil penalty may be set less than one hundred dollars ($100).

(1) Inability to pay.

(2) Acknowledging responsibility for underlying conduct.

(3) Acts prior to the underlying conduct to prevent or reduce damage to the public.

(4) Likelihood that the underlying conduct will not recur.

(5) The underlying conduct resulted from provocation, stress, emotional problems, or other circumstances that might offer an explanation.

(6) Timely and voluntary disclosure of the conduct underlying the fine or penalty.

(7) Subsequent remedial acts deemed appropriate by the board.

(d) Aggravating factors include the following:

(1) The underlying conduct resulted in moderate damage to the public.

(2) The underlying conduct resulted in severe damage to the public.

(3) The underlying conduct involved dishonesty or deception.

(4) The underlying conduct occurred as part of an overall pattern of improper conduct.

(5) The underlying conduct was motivated by bias against a protected class.

(6) Previous board discipline.

(7) The underlying conduct involved a vulnerable member of the public, including an individual:

(A) less than twelve (12) years of age;

(B) more than sixty-five (65) years of age;

(D) under the licensee's care, custody, or control.

(8) Failure to cooperate in a consumer complaint investigation or board proceeding.

(9) Dishonesty during board proceedings.

(Indiana Board of Physical Therapy; 842 IAC 1-2-2; filed Mar 20, 2025, 3:41 p.m.: 20250416-IR-842240593FRA)

Rule 3

842 IAC 1-3-1 842 IAC 1-3-1 Licensure by endorsement

Rule 3. Admission to Practice

842 IAC 1-3-1 Licensure by endorsement

Authority: IC 25-27-1-5

Affected: IC 4-1-8-1; IC 25-1-9; IC 25-27-1

Sec. 1. The board shall issue a license by endorsement to an applicant who completes the following:

(1) Submits a sworn application in proper form.

(2) Submits the fee specified in 842 IAC 1-2-1.

(3) Presents satisfactory evidence that he or she does not have a conviction for an act, within or outside of this state, that would constitute a ground for disciplinary sanction under IC 25-1-9.

(4) Has been certified by a written examination provided by the board. The uniform criterion-referenced passing score on the physical therapy and physical therapist assistant examinations, which has been adopted by the board of directors of the Federation of State Boards of Physical Therapy, is the required passing score. This criterion-referenced passing score shall be a scaled score of six hundred (600). If the applicant was licensed in a state that required an examination, other than an examination provided by the board, the board shall determine whether the applicant took and passed a postgraduate written examination substantially equivalent in content and difficulty to the examination adopted by the board.

(5) Submits verification from all states in which the applicant has been or is currently licensed-certified. The verification must include a statement verifying whether the applicant has ever been disciplined in any manner.

(6) Submits an official transcript of grades from a physical therapy school or physical therapist assistant school evidencing that the applicant is a graduate of a physical therapist or physical therapist assistant entry-level educational program that meets the requirements of 842 IAC 1-1-3 and that a degree has been conferred. If the transcript is not in English, the applicant must submit a certified copy of an official English translation. Graduates of a foreign physical therapy program must submit notarized copies of their transcripts if official transcripts are unavailable.

(7) Submits the applicant's valid United States Social Security number.

(8) Meets all other minimum requirements as specified in IC 25-27-1.

(Indiana Board of Physical Therapy; 842 IAC 1-3-1; filed Mar 10, 1983, 3:59 p.m.: 6 IR 774; filed Jun 11, 1984, 1:02 p.m.: 7 IR 1938; filed Aug 6, 1987, 3:00 p.m.: 10 IR 2732; filed Apr 5, 1990, 2:45 p.m.: 13 IR 1413; filed Sep 22, 1994, 4:30 p.m.: 18 IR 263; readopted filed Nov 9, 2001, 3:16 p.m.: 25 IR 1325; filed Aug 26, 2004, 10:20 a.m.: 28 IR 203; readopted filed Nov 17, 2010, 9:48 a.m.: 20101215-IR-844100405RFA; readopted filed Nov 22, 2016, 12:11 p.m.: 20161221-IR-844160317RFA; readopted filed May 26, 2022, 9:18 a.m.: 20220622-IR-842220117RFA; filed Mar 23, 2023, 1:38 p.m.: 20230419-IR-842220353FRA; readopted filed Feb 15, 2024, 1:29 p.m.: 20240313-IR-842230774RFA) NOTE: Transferred from the Medical Licensing Board of Indiana (844 IAC 6-3-1) to the Indiana Board of Physical Therapy (842 IAC 1-3-1) by P.L.160-2019, SECTION 31, effective July 1, 2019.

842 IAC 1-3-2 842 IAC 1-3-2 Licensure by examination

842 IAC 1-3-2 Licensure by examination

Authority: IC 25-27-1-5

Affected: IC 25-1-9; IC 25-27-1-6

Sec. 2. (a) The board shall issue a license by examination to an applicant who completes the following:

(1) Submits a sworn application in proper form.

(2) Submits the fee specified in 842 IAC 1-2-1.

(3) Presents satisfactory evidence that he or she does not have a conviction for an act, within or outside of this state, that would constitute a ground for disciplinary sanction under IC 25-1-9 and has not been the subject of a disciplinary action as stated in IC 25-27-1-6(a)(2).

(4) Successfully completes the examination provided by the board. The uniform criterion-referenced passing score on the physical therapy or physical therapist assistant examination, which has been adopted by the board of directors of the Federation of State Boards of Physical Therapy, is the required passing score. This criterion-referenced passing score shall be a scaled score of six hundred (600).

(5) Submits an official transcript of grades from a physical therapy or physical therapist assistant school showing evidence that the applicant is a graduate of a physical therapy or a physical therapist assistant program that has been approved by the board under 842 IAC 1-1-3 and that a degree has been conferred.

(6) Submits a certified copy of an English translation of any document that is not in English.

(7) Meets all other minimum requirements specified in IC 25-27-1.

(b) The board may issue a license by examination to an applicant who has been educated as a physical therapist in a foreign country who submits the following:

(1) Information required by subsection (a).

(2) A certified copy of all academic records and an evaluation, from an accredited evaluation service approved by the board, of all academic records and credentials for the board's consideration in determining educational equivalence, such equivalence to be determined by the board.

(1) After the first attempt, the applicant may retake the examination at their first available opportunity.

(2) After the second attempt, the applicant must wait at least ninety (90) days before reapplying to take the licensure examination.

(3) After the third attempt or subsequent attempt, the applicant must wait at least one hundred eighty (180) days before reapplying to take the licensure examination.

(4) An applicant for a license to practice physical therapy or for a certificate to act as a physical therapist assistant may take the respective examination not more than six (6) times.

(5) The applicant must pay the reexamination fee specified in 842 IAC 1-2-1.

(Indiana Board of Physical Therapy; 842 IAC 1-3-2; filed Mar 10, 1983, 3:59 p.m.: 6 IR 774; filed Jun 11, 1984, 1:02 p.m.: 7 IR 1939; filed Aug 6, 1987, 3:00 p.m.: 10 IR 2733; filed Apr 5, 1990, 2:45 p.m.: 13 IR 1414; filed Sep 22, 1994, 4:30 p.m.: 18 IR 264; readopted filed Nov 9, 2001, 3:16 p.m.: 25 IR 1325; filed Aug 26, 2004, 10:20 a.m.: 28 IR 204; readopted filed Nov 17, 2010, 9:48 a.m.: 20101215-IR-844100405RFA; readopted filed Nov 22, 2016, 12:11 p.m.: 20161221-IR-844160317RFA; readopted filed May 26, 2022, 9:18 a.m.: 20220622-IR-842220117RFA; filed Mar 23, 2023, 1:38 p.m.: 20230419-IR-842220353FRA; readopted filed Feb 15, 2024, 1:29 p.m.: 20240313-IR-842230774RFA) NOTE: Transferred from the Medical Licensing Board of Indiana (844 IAC 6-3-2) to the Indiana Board of Physical Therapy (842 IAC 1-3-2) by P.L.160-2019, SECTION 31, effective July 1, 2019.

842 IAC 1-3-3 842 IAC 1-3-3 Applications for licensure as a physical therapist or certification as a physical therapist's assistant (Repealed)

842 IAC 1-3-3 Applications for licensure as a physical therapist or certification as a physical therapist's assistant (Repealed)

(Repealed by Indiana Board of Physical Therapy; filed Mar 23, 2023, 1:38 p.m.: 20230419-IR-842220353FRA)

842 IAC 1-3-4 842 IAC 1-3-4 Temporary permits (Repealed)

842 IAC 1-3-4 Temporary permits (Repealed)

(Repealed by Indiana Board of Physical Therapy; filed Mar 23, 2023, 1:38 p.m.: 20230419-IR-842220353FRA)

842 IAC 1-3-5 842 IAC 1-3-5 Social Security numbers

842 IAC 1-3-5 Social Security numbers

Authority: IC 4-1-8-1; IC 25-27-1-5

Affected: IC 25-27-1

Sec. 5. (a) An applicant who applies for a license, certificate, or permit under IC 25-27-1 must submit to the board the applicant's United States Social Security number.

(b) No application for a license, certificate, or permit will be approved before the Social Security number is submitted to the board.

(c) The agency and the board will only release the applicant's Social Security number as provided in state or federal law.

(d) The agency and the boards may allow access to the Social Security number of each person who holds a license, certificate, or permit issued under IC 25-27-1 or has applied for a license, certificate, or permit under IC 25-27-1 to the following:

(1) A testing service that provides the examination for licensure to the agency or the boards.

(2) An individual state regulatory board or an organization composed of state regulatory boards for the applicant's or licensee's profession for the purpose of coordinating licensure and disciplinary activities between the individual states.

(Indiana Board of Physical Therapy; 842 IAC 1-3-5; filed Aug 26, 2004, 10:20 a.m.: 28 IR 205; readopted filed Nov 17, 2010, 9:48 a.m.: 20101215-IR-844100405RFA; readopted filed Nov 22, 2016, 12:11 p.m.: 20161221-IR-844160317RFA; readopted filed May 26, 2022, 9:18 a.m.: 20220622-IR-842220117RFA; filed Mar 23, 2023, 1:38 p.m.: 20230419-IR-842220353FRA; readopted filed Feb 15, 2024, 1:29 p.m.: 20240313-IR-842230774RFA) NOTE: Transferred from the Medical Licensing Board of Indiana (844 IAC 6-3-6) to the Indiana Board of Physical Therapy (842 IAC 1-3-5) by P.L.160-2019, SECTION 31, effective July 1, 2019.

Rule 4

842 IAC 1-4-1 842 IAC 1-4-1 Mandatory registration; renewal

Rule 4. Registration of Licensed Physical Therapists and Physical Therapists' Assistants

842 IAC 1-4-1 Mandatory registration; renewal

Authority: IC 25-27-1-5

Affected: IC 25-27-1-8

Sec. 1. (a) Every physical therapist holding a license issued by the board shall renew his or her license biennially on or before July 1 of each even-numbered year.

(b) A licensee's failure to receive notification of renewal due to failure to notify the board of a change of address or name shall not constitute an error on the part of the board or agency, nor shall it exonerate or otherwise excuse the licensee from renewing such license.

(c) Every physical therapist assistant holding a certificate issued by the board shall renew his or her certificate biennially on or before July 1 of each even-numbered year.

(d) A certificate holder's failure to receive notification of renewal due to failure to notify the board of a change of address or name shall not constitute an error on the part of the board or agency, nor shall it exonerate or otherwise excuse the certificate holder from renewing such certificate.

(Indiana Board of Physical Therapy; 842 IAC 1-4-1; filed Mar 10, 1983, 3:59 p.m.: 6 IR 775; filed Aug 6, 1987, 3:00 p.m.: 10 IR 2735; filed Sep 22, 1994, 4:30 p.m.: 18 IR 266; readopted filed Nov 9, 2001, 3:16 p.m.: 25 IR 1325; filed Feb 10, 2003, 3:30 p.m.: 26 IR 2372; readopted filed Dec 1, 2009, 9:13 a.m.: 20091223-IR-844090779RFA; readopted filed Jun 16, 2010, 12:14 p.m.: 20100630-IR-844090779RFA; readopted filed Nov 22, 2016, 12:11 p.m.: 20161221-IR-844160317RFA; readopted filed May 26, 2022, 9:18 a.m.: 20220622-IR-842220117RFA; filed Mar 23, 2023, 1:38 p.m.: 20230419-IR-842220353FRA; readopted filed Feb 15, 2024, 1:29 p.m.: 20240313-IR-842230774RFA) NOTE: Transferred from the Medical Licensing Board of Indiana (844 IAC 6-4-1) to the Indiana Board of Physical Therapy (842 IAC 1-4-1) by P.L.160-2019, SECTION 31, effective July 1, 2019.

842 IAC 1-4-2 842 IAC 1-4-2 Address; change of name

842 IAC 1-4-2 Address; change of name

Authority: IC 25-27-1-5

Affected: IC 25-27-1-8

Sec. 2. Each licensee is responsible for providing the board with a current address, telephone number, and name change, as applicable, within thirty (30) days of the change.

(Indiana Board of Physical Therapy; 842 IAC 1-4-2; filed Mar 10, 1983, 3:59 p.m.: 6 IR 775; filed Aug 6, 1987, 3:00 p.m.: 10 IR 2735; filed Sep 22, 1994, 4:30 p.m.: 18 IR 266; readopted filed Nov 9, 2001, 3:16 p.m.: 25 IR 1325; readopted filed Oct 4, 2007, 3:35 p.m.: 20071031-IR-844070051RFA; readopted filed Nov 25, 2013, 9:24 a.m.: 20131225-IR-844130307RFA; readopted filed Nov 22, 2016, 12:11 p.m.: 20161221-IR-844160317RFA; readopted filed May 26, 2022, 9:18 a.m.: 20220622-IR-842220117RFA; filed Mar 23, 2023, 1:38 p.m.: 20230419-IR-842220353FRA; readopted filed Feb 15, 2024, 1:29 p.m.: 20240313-IR-842230774RFA) NOTE: Transferred from the Medical Licensing Board of Indiana (844 IAC 6-4-2) to the Indiana Board of Physical Therapy (842 IAC 1-4-2) by P.L.160-2019, SECTION 31, effective July 1, 2019.

842 IAC 1-4-3 842 IAC 1-4-3 Reinstatement of delinquent license

842 IAC 1-4-3 Reinstatement of delinquent license

Authority: IC 25-27-1-5

Affected: IC 25-27-1-8

Sec. 3. (a) A physical therapist or physical therapist assistant who is less than three (3) years delinquent in renewing a license or certificate shall be reinstated upon satisfaction of the requirements in IC 25-27-1-8(c).

(b) If more than three (3) years have elapsed since the expiration of a license or certificate, the applicant shall meet all requirements of 842 IAC 1-3-1 except that, where the applicant has not practiced for more than three (3) years, the board may, after an appearance before the board, require the applicant to retake and pass the examination provided by the board in addition to completion of continuing competency courses.

(Indiana Board of Physical Therapy; 842 IAC 1-4-3; filed Mar 10, 1983, 3:59 p.m.: 6 IR 775; filed Aug 6, 1987, 3:00 p.m.: 10 IR 2735; filed Apr 5, 1990, 2:45 p.m.: 13 IR 1414; readopted filed Nov 9, 2001, 3:16 p.m.: 25 IR 1325; filed Aug 26, 2004, 10:20 a.m.: 28 IR 206; readopted filed Nov 17, 2010, 9:48 a.m.: 20101215-IR-844100405RFA; readopted filed Nov 22, 2016, 12:11 p.m.: 20161221-IR-844160317RFA; readopted filed May 26, 2022, 9:18 a.m.: 20220622-IR-842220117RFA; filed Mar 23, 2023, 1:38 p.m.: 20230419-IR-842220353FRA; readopted filed Feb 15, 2024, 1:29 p.m.: 20240313-IR-842230774RFA) NOTE: Transferred from the Medical Licensing Board of Indiana (844 IAC 6-4-3) to the Indiana Board of Physical Therapy (842 IAC 1-4-3) by P.L.160-2019, SECTION 31, effective July 1, 2019.

Rule 5

842 IAC 1-5-1 842 IAC 1-5-1 Duties of suspended licensees, certificate holders

Rule 5. Reinstatement of Suspended License

842 IAC 1-5-1 Duties of suspended licensees, certificate holders

Authority: IC 25-27-1-5

Affected: IC 25-1-9

Sec. 1. In any case where a person's license or certificate has been suspended under IC 25-1-9, said person shall do the following:

(1) Within thirty (30) days from the date of the order of suspension, file with the physical therapy board an affidavit showing the following:

(A) All active patients then under the licensee's or certificate holder's care have been notified in the manner and method specified by the committee of the licensee's or certificate holder's suspension and consequent inability to act for or on their behalf in a professional capacity. Such notice shall advise all such patients to seek the services of another licensee or certificate holder of good standing of their own choice.

(B) All hospitals and medical and health care facilities where such licensee or certificate holder has privileges or staff status have been informed of the suspension order.

(C) Reasonable arrangements were made for the transfer of patient records, radiographic studies, and test results, or copies thereof, to a succeeding licensee or certificate holder employed by the patient or those responsible for the patient's care.

(2) Prove compliance with this section as a condition precedent to reinstatement.

(Indiana Board of Physical Therapy; 842 IAC 1-5-1; filed Aug 6, 1987, 3:00 p.m.: 10 IR 2736; readopted filed Nov 9, 2001, 3:16 p.m.: 25 IR 1325; filed Aug 26, 2004, 10:20 a.m.: 28 IR 206; readopted filed Nov 17, 2010, 9:48 a.m.: 20101215-IR-844100405RFA; readopted filed Nov 22, 2016, 12:11 p.m.: 20161221-IR-844160317RFA; readopted filed May 26, 2022, 9:18 a.m.: 20220622-IR-842220117RFA; filed Mar 23, 2023, 1:38 p.m.: 20230419-IR-842220353FRA; readopted filed Feb 15, 2024, 1:29 p.m.: 20240313-IR-842230774RFA) NOTE: Transferred from the Medical Licensing Board of Indiana (844 IAC 6-6-3) to the Indiana Board of Physical Therapy (842 IAC 1-5-1) by P.L.160-2019, SECTION 31, effective July 1, 2019.

842 IAC 1-5-2 842 IAC 1-5-2 Protection of patients' interests

842 IAC 1-5-2 Protection of patients' interests

Authority: IC 25-27-1-5

Affected: IC 25-1-9

Sec. 2. Whenever a person's license or certificate has been suspended under IC 25-1-9 and said person has not fully complied with section 3 of this rule and this section, or if said licensee or certificate holder has disappeared, died, or is otherwise unable to comply with section 3 of this rule and this section, the physical therapy board shall request the Indiana professional licensing agency to take such action as may be appropriate to protect the interests of that person's patients.

(Indiana Board of Physical Therapy; 842 IAC 1-5-2; filed Aug 6, 1987, 3:00 p.m.: 10 IR 2736; readopted filed Nov 9, 2001, 3:16 p.m.: 25 IR 1325; filed Aug 26, 2004, 10:20 a.m.: 28 IR 206; readopted filed Nov 17, 2010, 9:48 a.m.: 20101215-IR-844100405RFA; readopted filed Nov 22, 2016, 12:11 p.m.: 20161221-IR-844160317RFA; readopted filed May 26, 2022, 9:18 a.m.: 20220622-IR-842220117RFA; filed Mar 23, 2023, 1:38 p.m.: 20230419-IR-842220353FRA; readopted filed Feb 15, 2024, 1:29 p.m.: 20240313-IR-842230774RFA) NOTE: Transferred from the Medical Licensing Board of Indiana (844 IAC 6-6-4) to the Indiana Board of Physical Therapy (842 IAC 1-5-2) by P.L.160-2019, SECTION 31, effective July 1, 2019.

Rule 6

842 IAC 1-6-1 842 IAC 1-6-1 Definitions

Rule 6. Standards of Professional Conduct

842 IAC 1-6-1 Definitions

Authority: IC 25-27-1-5

Affected: IC 25-1-9

Sec. 1. For purposes of the standards of professional conduct and competent practice of physical therapy or practice as a physical therapist assistant, the following definitions apply:

(1) "Practitioner" means a person holding a license to practice physical therapy; a person holding a certificate to practice as a physical therapist assistant; or a person holding a temporary permit issued by the board.

(2) "Professional incompetence" may include, but is not limited to, a pattern or course of repeated conduct by a practitioner demonstrating a failure to exercise such reasonable care and diligence as is ordinarily exercised by practitioners in the same or similar circumstances in the same or similar locality.

(Indiana Board of Physical Therapy; 842 IAC 1-6-1; filed Oct 3, 1988, 2:36 p.m.: 12 IR 386; readopted filed Nov 9, 2001, 3:16 p.m.: 25 IR 1325; readopted filed Oct 4, 2007, 3:35 p.m.: 20071031-IR-844070051RFA; readopted filed Nov 25, 2013, 9:24 a.m.: 20131225-IR-844130307RFA; readopted filed Nov 22, 2016, 12:11 p.m.: 20161221-IR-844160317RFA; readopted filed May 26, 2022, 9:18 a.m.: 20220622-IR-842220117RFA; filed Mar 23, 2023, 1:38 p.m.: 20230419-IR-842220353FRA; readopted filed Feb 15, 2024, 1:29 p.m.: 20240313-IR-842230774RFA) NOTE: Transferred from the Medical Licensing Board of Indiana (844 IAC 6-7-1) to the Indiana Board of Physical Therapy (842 IAC 1-6-1) by P.L.160-2019, SECTION 31, effective July 1, 2019.

842 IAC 1-6-2 842 IAC 1-6-2 Standards of professional conduct and competent practice

842 IAC 1-6-2 Standards of professional conduct and competent practice

Authority: IC 25-27-1-5

Affected: IC 16-39-1-1; IC 25-1-9-9; IC 25-27-1; IC 34-6-2-99; IC 34-30-15-1

Sec. 2. (a) A practitioner when engaging in the practice of physical therapy shall abide by, and comply with, the standards of professional conduct in this section.

(b) A practitioner shall maintain the confidentiality of all knowledge and information regarding a patient, including, but not limited to, the patient's:

(1) diagnosis;

(2) treatment; and

(3) prognosis;

of which the practitioner has knowledge during the course of the patient-practitioner relationship. Information about a patient shall be disclosed by a practitioner when required by law, including, but not limited to, the requirements of IC 34-30-15-1 et seq. and IC 16-39-1-1 et seq., and any amendments thereto, or when authorized by the patient or those responsible for the patient's care.

(c) A practitioner shall give a truthful, candid, and reasonably complete account of the patient's condition to the patient or to those responsible for the patient's care, except where a practitioner reasonably determines that the information is detrimental to the physical or mental health of:

(1) the patient; or

(2) those persons responsible for the patient's care.

(d) The practitioner shall give reasonable written notice to the patient and to any referring provider when the practitioner withdraws from a case so that another referral may be made by the referring provider. A practitioner shall not abandon a patient. A practitioner who withdraws from a case, except in emergency circumstances, shall, upon written request, comply with the provisions of IC 16-39-1-1 et seq., and of any subsequent amendment or revision thereof, when a patient requests health records.

(e) A practitioner shall exercise reasonable care and diligence in the treatment of patients based upon generally accepted scientific principles, methods, treatments, and current professional theory and practice.

(f) A practitioner shall not:

(1) represent;

(2) advertise;

(3) state; or

(4) indicate;

the possession of any degree recognized as the basis for licensure to practice physical therapy unless the practitioner is actually licensed on the basis of such degree in the state or states in which he/she practices.

(g) A physical therapist shall not delegate to supportive personnel any service that requires the skill, knowledge, and judgment of the licensed physical therapist.

(h) A physical therapist assistant shall not accept a delegation of a service that exceeds the scope of practice of their certificate as defined in 842 IAC 1-1-1(g)(3).

(i) A physical therapist must have the knowledge, skill, ability, and competence to perform dry needling. After June 30, 2024, to be deemed competent to perform dry needling, a physical therapist must successfully complete a minimum of fifty (50) hours of education specific to dry needling theory, practice, and technique of which forty (40) hours must be completed in person.

(1) A physical therapist may apply dry needling specific education hours completed within the entry-level education program toward the fifty (50) hour requirement. The physical therapist must complete any remaining education hours to reach a total of fifty (50) hours prior to providing dry needling services.

(2) The physical therapist bears the burden of proof of sufficient education and training to ensure competence with the treatment or intervention. Education courses that meet the requirements of 842 IAC 1-7-5 satisfy this requirement.

(3) If requested by the board or a member of the public, the physical therapist providing dry needling services shall provide documentation of completion of the training required by this rule.

(4) Failure to provide written documentation to the board in compliance with this requirement shall be deemed prima facie evidence that the physical therapist is not competent and shall not be permitted to perform dry needling.

(5) Dry needling shall be performed directly by the physical therapist and shall not be delegated.

(j) A practitioner who has personal knowledge based upon a reasonable belief that another practitioner holding the same license or certificate has engaged in illegal, unlawful, incompetent, or fraudulent conduct in the practice of physical therapy shall promptly report such conduct to a peer review or similar body, as defined in IC 34-6-2-99 and as provided in IC 34-30-15-1 et seq., having jurisdiction over the offending practitioner and the matter. This provision does not prohibit a practitioner from promptly reporting said conduct directly to the physical therapy board. Further, a practitioner who has personal knowledge of any person engaged in, or attempting to engage in, the unauthorized practice of medicine or physical therapy shall promptly report such conduct to the Indiana board of physical therapy.

(k) A practitioner who voluntarily submits himself or herself to, or is otherwise undergoing a course of treatment for:

(1) addiction;

(2) severe dependency upon alcohol or other drugs or controlled substances; or

(3) psychiatric impairment;

where such treatment is sponsored or supervised by a committee for impaired practitioners of a state, regional, or local organization of professional health care providers, or where such treatment is sponsored or supervised by a committee for impaired practitioners of a hospital, shall be exempt from reporting to a peer review committee as set forth in subsection (j) or to the physical therapy board so long as the practitioner is complying with the course of treatment and making satisfactory progress. If the practitioner fails to comply with or is not benefited by the course of treatment, the practitioner-chief administrative officer, his or her designee, or any member of the committee for impaired practitioners shall promptly report such facts and circumstances to the physical therapy board. Subsection (j) and this subsection shall not, in any manner whatsoever, directly or indirectly, be deemed or construed to prohibit, restrict, limit, or otherwise preclude the physical therapy board from taking such action as it deems appropriate or as may otherwise be provided by law.

(l) Fees charged by a practitioner for his or her professional services shall be reasonable and shall reasonably compensate the practitioner only for services actually rendered.

(m) A practitioner shall not enter into agreement for, charge, or collect an illegal or clearly excessive fee.

(n) Factors to be considered in determining the reasonableness of a fee include, but are not limited to, the following:

(1) The difficulty or uniqueness, or both, of the services performed and the time, skill, and experience required.

(2) The fee customarily charged in the locality for similar practitioner services.

(3) The amount of the charges involved.

(4) The quality of performance.

(5) The nature and length of the professional relationship with the patient.

(6) The experience, reputation, and ability of the practitioner in performing the kind of services involved.

(o) A practitioner shall not pay, demand, or receive compensation for referral of a patient except for a patient referral program operated by a professional society or association.

(p) A practitioner shall be responsible for the conduct of each and every person employed by the practitioner for every action or failure to act by said employee or employees in the course of the employment relationship.

(q) A practitioner shall not, on behalf of:

(1) himself or herself;

(2) a partner;

(3) an associate;

(4) a shareholder in a professional corporation; or

(5) any other practitioner or specific health care provider affiliated with the practitioner;

use, or participate in the use of, any form of public communication containing a false, fraudulent, misleading, deceptive, or unfair statement or claim.

(r) Subject to the requirements of subsection (q), and in order to facilitate the process of informed selection of a practitioner by the public, a practitioner may advertise services through the public media, provided that the advertisement is dignified and confines itself to the existence, scope, nature, and field of practice of physical therapy.

(s) If the advertisement in subsection (r) is communicated to the public by audio or video format, it shall be prerecorded and approved for broadcast by the practitioner, and a recording and transcript of the actual transmission shall be retained by the practitioner for a period of five (5) years from the last date of broadcast.

(t) If a practitioner advertises a fee for:

(1) a service;

(2) a treatment;

(3) a consultation;

(4) an examination; or

(5) any other procedure;

the practitioner must render that service or procedure for no more than the fee advertised.

(u) Except as otherwise provided in these rules, a practitioner shall not contact or solicit individual members of the public personally or through an agent in order to offer services to such person or persons unless that individual initiated contact with the practitioner for the purpose of engaging that practitioner's professional services.

(v) A practitioner may, whenever the practitioner believes it to be beneficial to the patient, and upon approval of the referring provider, send or refer a patient to a qualified specific professional health care provider for treatment or health care that falls within the specific professional health care provider's scope of practice. Prior to any such referral, however, the practitioner shall examine or consult with, or both, the patient and the referring provider to ensure that a condition exists in the patient that would be within the scope of practice of the specific professional health care provider to whom the patient is referred or sent.

(w) The practitioner shall give reasonable written notice to an active patient or those responsible for the patient's care when the practitioner withdraws from a case so that another practitioner may be employed by the patient or by those responsible for the patient's care. A practitioner shall not abandon a patent [sic, patient] . As used in this section, "active patient" means a person whom the practitioner has examined, cared for, or otherwise consulted with, during the two (2) year period prior to retirement, discontinuation of practice, or leaving or moving from the community.

(x) A practitioner who withdraws from a case, except in emergency circumstances, shall, upon written request, make available to the license holder's patient all records, test results, histories, diagnoses, files, and information relating to said patient which are in the practitioner's custody, possession, or control, or copies of such documents herein before described.

(y) A practitioner shall not base his fee upon the uncertain outcome of a contingency, whether such contingency be the outcome of litigation or any other occurrence or condition that may or may not develop, occur, or happen.

(z) A practitioner shall not attempt to exonerate himself or herself from or limit his or her liability to a patient for his or her personal malpractice except that a practitioner may enter into agreements that contain informed, voluntary releases or waivers of liability, or both, in settlement of a claim made by a patient or by those responsible for a patient's care.

(aa) A practitioner shall not attempt to preclude, prohibit, or otherwise prevent the filing of a complaint against him or her by a patient or other practitioner for any alleged violation of this title, IC 25-27-1 et seq., or any other law.

(bb) A practitioner shall maintain adequate patient records.

(cc) A practitioner shall not interfere with, or refuse to cooperate in, an investigation or disciplinary proceeding by willful misrepresentation of facts or the use of threats or harassment against any patient or witness to prevent them from providing evidence in a disciplinary proceeding or any legal action.

(dd) A practitioner shall not aid or abet a person not licensed or certified in this state who directly or indirectly performs activities requiring a license or certificate.

(ee) A practitioner shall not practice as a physical therapist or work as a physical therapist assistant when physical or mental abilities are impaired by the use of:

(1) controlled substances;

(2) other habit-forming drugs;

(3) chemicals; or

(4) alcohol.

(ff) A practitioner shall not engage in the performance of substandard care due to a deliberate or negligent act or failure to act regardless of whether there was actual injury to the patient.

(gg) A practitioner shall not engage in sexual misconduct, including the following:

(1) Making sexual advances.

(2) Requesting sexual favors.

(3) Engaging in verbal conduct or physical contact of a sexual nature with patients or clients.

(hh) A practitioner who has been convicted of a felony, or who has pled no contest or any other finding of guilt as to such felony, in this or any other state, territory, or country, which demonstrates impaired judgment or risk to the public in the practitioner's future provision of physical therapy service, may be deemed to be in violation of this section.

(ii) Failure to comply with the above standards of professional conduct and competent practice of physical therapy may result in disciplinary proceedings against the offending practitioners. Further, all practitioners licensed in Indiana shall be responsible for having knowledge of these standards of conduct and practice.

(Indiana Board of Physical Therapy; 842 IAC 1-6-2; filed Oct 3, 1988, 2:36 p.m.: 12 IR 386; errata filed Oct 11, 1988, 3:00 p.m.: 12 IR 391; readopted filed Nov 9, 2001, 3:16 p.m.: 25 IR 1325; filed Aug 26, 2004, 10:20 a.m.: 28 IR 207; readopted filed Nov 17, 2010, 9:48 a.m.: 20101215-IR-844100405RFA; readopted filed Nov 22, 2016, 12:11 p.m.: 20161221-IR-844160317RFA; readopted filed May 26, 2022, 9:18 a.m.: 20220622-IR-842220117RFA; filed Mar 23, 2023, 1:38 p.m.: 20230419-IR-842220353FRA; readopted filed Feb 15, 2024, 1:29 p.m.: 20240313-IR-842230774RFA) NOTE: Transferred from the Medical Licensing Board of Indiana (844 IAC 6-7-2) to the Indiana Board of Physical Therapy (842 IAC 1-6-2) by P.L.160-2019, SECTION 31, effective July 1, 2019.

Rule 7

842 IAC 1-7-1 842 IAC 1-7-1 Continuing competency requirements

Rule 7. Continuing Competency Requirements

842 IAC 1-7-1 Continuing competency requirements

Authority: IC 25-27-1-5

Affected: IC 25-1-4; IC 25-27-1

Sec. 1. (a) Twenty-two (22) hours of continuing competency activities are required for the biennial renewal period, of which two (2) hours must be in an ethics and Indiana jurisprudence course as it relates to the practice of physical therapy.

(b) Only activities that have been approved under this article will be accepted as credit for license or certification renewal.

(1) must be obtained within the biennial renewal period; and

(2) may not be carried over from one (1) renewal period to another.

(d) If a license or certification is valid for less than twelve (12) months, no continuing competency activity is required for renewal. If the license or certification is valid for twelve (12) to twenty-three (23) months, twelve (12) hours of continuing competency activities are required for renewal, which shall include the two (2) hours of an ethics and Indiana jurisprudence course as it relates to the practice of physical therapy.

(e) Audits for compliance with continuing competency requirements and actions regarding noncompliance will be conducted as provided for in IC 25-1-4.

(Indiana Board of Physical Therapy; 842 IAC 1-7-1; filed Jan 30, 2013, 12:31 p.m.: 20130227-IR-844120204FRA; readopted filed Nov 22, 2016, 12:11 p.m.: 20161221-IR-844160317RFA; readopted filed May 26, 2022, 9:18 a.m.: 20220622-IR-842220117RFA; readopted filed Feb 15, 2024, 1:29 p.m.: 20240313-IR-842230774RFA) NOTE: Transferred from the Medical Licensing Board of Indiana (844 IAC 6-8-1) to the Indiana Board of Physical Therapy (842 IAC 1-7-1) by P.L.160-2019, SECTION 31, effective July 1, 2019.

842 IAC 1-7-2 842 IAC 1-7-2 Responsibilities of licensees

842 IAC 1-7-2 Responsibilities of licensees

Authority: IC 25-27-1-5

Affected: IC 25-27-1

Sec. 2. A license or certificate holder shall do the following:

(1) Certify completion of continuing competency activities required by this rule at the time of license or certification renewal.

(2) Retain verification of completion of continuing competency activities required by this rule for three (3) years after the last renewal date.

(3) Present proof of completion of continuing competency activities required by this rule at the request of the board on a form that is approved by the board.

(Indiana Board of Physical Therapy; 842 IAC 1-7-2; filed Jan 30, 2013, 12:31 p.m.: 20130227-IR-844120204FRA; readopted filed Nov 22, 2016, 12:11 p.m.: 20161221-IR-844160317RFA; readopted filed May 26, 2022, 9:18 a.m.: 20220622-IR-842220117RFA; filed Mar 23, 2023, 1:38 p.m.: 20230419-IR-842220353FRA; readopted filed Feb 15, 2024, 1:29 p.m.: 20240313-IR-842230774RFA) NOTE: Transferred from the Medical Licensing Board of Indiana (844 IAC 6-8-2) to the Indiana Board of Physical Therapy (842 IAC 1-7-2) by P.L.160-2019, SECTION 31, effective July 1, 2019.

842 IAC 1-7-3 842 IAC 1-7-3 License or certification period; number of hours required

842 IAC 1-7-3 License or certification period; number of hours required

Authority: IC 25-1-4-8; IC 25-27-1-5

Affected: IC 25-27-1

Sec. 3. (a) During each two (2) year license period, a physical therapist or physical therapist's assistant must complete at least twenty-two (22) hours of continuing competency activities of which at least ten (10) hours must be in category I courses and two (2) hours must be in an ethics and Indiana jurisprudence course as it relates to the practice of physical therapy.

(b) A physical therapist or physical therapist's assistant may not earn more than ten (10) category II credit hours towards the requirements under this section.

(Indiana Board of Physical Therapy; 842 IAC 1-7-3; filed Jan 30, 2013, 12:31 p.m.: 20130227-IR-844120204FRA; readopted filed Nov 22, 2016, 12:11 p.m.: 20161221-IR-844160317RFA; readopted filed May 26, 2022, 9:18 a.m.: 20220622-IR-842220117RFA; readopted filed Feb 15, 2024, 1:29 p.m.: 20240313-IR-842230774RFA) NOTE: Transferred from the Medical Licensing Board of Indiana (844 IAC 6-8-3) to the Indiana Board of Physical Therapy (842 IAC 1-7-3) by P.L.160-2019, SECTION 31, effective July 1, 2019.

842 IAC 1-7-4 842 IAC 1-7-4 "Category I continuing competency activities" and "category II continuing competency activities" defined

842 IAC 1-7-4 "Category I continuing competency activities" and "category II continuing competency activities" defined

Authority: IC 25-27-1-5

Affected: IC 25-1-4-0.2

Sec. 4. (a) As used in this rule, "category I continuing competency activities" includes the following and must be at least one (1) contact hour in length and be relevant to the practice of physical therapy:

(1) Formally organized courses.

(2) Workshops.

(3) Seminars.

(4) Symposia.

(5) Home study programs, including approved computer, audio, and video instructional programs, designed by board approved organizations and subject to board verification and approval procedures.

(6) Approved "for credit" courses that are related to the practice of physical therapy from an approved organization as defined in IC 25-1-4-0.2.

(b) The following conversion will be used for category I continuing competency credit:

(1) One (1) semester hour equals fifteen (15) contact hours.

(2) One (1) quarter hour equals ten (10) contact hours.

(3) One (1) trimester hour equals twelve and one-half (12.5) hours.

(1) Professional research/writing. A licensee or certificate holder may receive continuing competency credit for publication of scientific papers, abstracts, or review articles in peer-reviewed and other professional journals; publication of textbook chapters; and poster or platform presentations at conferences sponsored by any approved entity up to a maximum of ten (10) hours per biennium. The following conversion will be used for continuing competency credit:

(A) Ten (10) hours for each refereed article.

(B) Three (3) hours for each nonrefereed article, abstract of published literature, or book review.

(D) Five (5) hours for each poster or platform presentation or review article.

(2) Teaching as an adjunct responsibility at an accredited PT or PTA program. Two (2) hours of credit for each academic credit hour awarded by the accredited PT or PTA program for the first time the course is taught up to a maximum of ten (10) hours per biennium.

(3) Participation as a presenter in an approved workshop, continuing education course, seminar, or symposium. Two (2) contact hours for each one (1) hour of presentation for first event, with a maximum of ten (10) hours per biennium.

(4) Supervision of physical therapist students or physical therapist assistant students from accredited programs in full-time clinical internships or residency programs. One (1) contact hour for every eve1y [sic] forty (40) hours of supervision with a maximum of ten (10) contact hours per biennium.

(5) In-house or in-service seminars related to the practice of physical therapy. One (1) credit hour for each hour of in-service. Maximum of four (4) hours per biennium. Documentation shall consist of a description of the topic, date, duration, and the name of the presenter.

(6) Actively participating with professional organizations related to the practice of physical therapy, with one (1) credit hour for each six (6) months service as an officer, delegate, or committee board member, for a maximum of six (6) hours per biennium.

(7) Certification of clinical specialization by the American Board of Physical Therapy Specialties (ABPTS) or another organization approved by the Indiana physical therapy board: ten (10) hours maximum per biennium. Credit may be awarded only in the year that certification or recertification is obtained.

(8) Certificate of Advanced Proficiency for the PTA by the APTA: five (5) hours maximum per biennium to be awarded. Credit may be awarded only in the year that certification or recertification is obtained.

(9) Attendance at INAPTA state or district meetings that are at least one (1) hour in length, for a maximum of one (1) hour per meeting, for a maximum of four (4) hours per biennium.

(10) Other scholarly or educational, or both, activities related to the practice or management of physical therapy and not described above, with approval from the board.

(Indiana Board of Physical Therapy; 842 IAC 1-7-4; filed Jan 30, 2013, 12:31 p.m.: 20130227-IR-844120204FRA; readopted filed Nov 22, 2016, 12:11 p.m.: 20161221-IR-844160317RFA; readopted filed May 26, 2022, 9:18 a.m.: 20220622-IR-842220117RFA; filed Mar 23, 2023, 1:38 p.m.: 20230419-IR-842220353FRA; readopted filed Feb 15, 2024, 1:29 p.m.: 20240313-IR-842230774RFA) NOTE: Transferred from the Medical Licensing Board of Indiana (844 IAC 6-8-4) to the Indiana Board of Physical Therapy (842 IAC 1-7-4) by P.L.160-2019, SECTION 31, effective July 1, 2019.

842 IAC 1-7-5 842 IAC 1-7-5 Approved organizations; standards for approval

842 IAC 1-7-5 Approved organizations; standards for approval

Authority: IC 25-1-4; IC 25-27-1-5

Affected: IC 25-1-4-0.2; IC 25-27-1

Sec. 5. (a) In addition to those approved organizations approved under IC 25-1-4-0.2, the following organizations are approved organizations for the purpose of approving and sponsoring continuing competency courses without making further application to the board:

(1) American Physical Therapy Association (APTA).

(2) American Physical Therapy Association Indiana Chapter (APTA Indiana).

(3) Federation of State Boards of Physical Therapy (FSBPT).

(4) A national, state, district, or local organization that operates as an affiliated entity under the approval of any organization listed in the [sic] subdivisions (1) through (3).

(b) The board will approve continuing competency activities if it determines that the activity:

(1) contributes directly to professional competency;

(2) relates directly to the practice, management, or education of physical therapy practitioners; and

(3) is conducted by individuals who have demonstrated expertise in the subject matter of the program.

Prior approval by the board is not required for the aforementioned approved organizations. Proof of content shall be demonstrated by the original workshop or conference brochure, agenda, or materials given to participants during the presentations and evidence of successful completion of the course provided by the course instructor, such as certificate of completion or signed agenda indicating completion.

(Indiana Board of Physical Therapy; 842 IAC 1-7-5; filed Jan 30, 2013, 12:31 p.m.: 20130227-IR-844120204FRA; readopted filed Nov 22, 2016, 12:11 p.m.: 20161221-IR-844160317RFA; readopted filed May 26, 2022, 9:18 a.m.: 20220622-IR-842220117RFA; filed Mar 23, 2023, 1:38 p.m.: 20230419-IR-842220353FRA; readopted filed Feb 15, 2024, 1:29 p.m.: 20240313-IR-842230774RFA) NOTE: Transferred from the Medical Licensing Board of Indiana (844 IAC 6-8-5) to the Indiana Board of Physical Therapy (842 IAC 1-7-5) by P.L.160-2019, SECTION 31, effective July 1, 2019.

Rule 8

842 IAC 1-8-1 842 IAC 1-8-1 Scope

Rule 8. Convictions of Concern

842 IAC 1-8-1 Scope

Authority: IC 25-1-1.1-6

Affected: IC 25-1-1.1-6; IC 25-27

Sec. 1. This rule implements IC 25-1-1.1-6 regarding convictions of concern, which may disqualify an individual for licensure, and includes in section 4 of this rule an explicit list of crimes that may disqualify an individual from receiving a license issued under IC 25-27.

(Indiana Board of Physical Therapy; 842 IAC 1-8-1; filed Aug 28, 2023, 10:20 a.m.: 20230927-IR-842230049FRA; readopted filed Feb 15, 2024, 1:29 p.m.: 20240313-IR-842230774RFA)

842 IAC 1-8-2 842 IAC 1-8-2 Issuance of license

842 IAC 1-8-2 Issuance of license

Authority: IC 25-1-1.1-6

Affected: IC 25-1-1.1-6; IC 25-27

Sec. 2. An applicant for licensure who has a conviction of concern may still be granted a license based on the criteria stated in IC 25-1-1.1-6(h).

(Indiana Board of Physical Therapy; 842 IAC 1-8-2; filed Aug 28, 2023, 10:20 a.m.: 20230927-IR-842230049FRA; readopted filed Feb 15, 2024, 1:29 p.m.: 20240313-IR-842230774RFA)

842 IAC 1-8-3 842 IAC 1-8-3 Authority to issue a license on probation

842 IAC 1-8-3 Authority to issue a license on probation

Authority: IC 25-1-1.1-6

Affected: IC 25-1-1.1-6; IC 25-1-11-19; IC 25-27

Sec. 3. This rule and IC 25-1-1.1-6 do not limit the authority of a board or committee to issue a license on probation if appropriate under IC 25-1-11-19 or any other applicable statute.

(Indiana Board of Physical Therapy; 842 IAC 1-8-3; filed Aug 28, 2023, 10:20 a.m.: 20230927-IR-842230049FRA; readopted filed Feb 15, 2024, 1:29 p.m.: 20240313-IR-842230774RFA)

842 IAC 1-8-4 842 IAC 1-8-4 Convictions of concern

842 IAC 1-8-4 Convictions of concern

Authority: IC 25-1-1.1-6

Affected: IC 6-3-6-11; IC 7.1-5-1-3; IC 7.1-5-7-8; IC 9-26-1-1.1; IC 9-30-5-4; IC 9-30-5-5; IC 11-8-8-17; IC 11-8-8-18; IC 12-17.2-5-1; IC 12-24-17-3; IC 12-24-17-7; IC 16-36-5-27; IC 16-36-5-28; IC 16-42-19; IC 23-0.5-2-9; IC 23-19-5-2; IC 25; IC 31-33-22; IC 31-34-2.3-7; IC 31-34-2.3-8; IC 35

Sec. 4. The following are convictions of concern:

(1) Crimes involving sexual acts that can be considered without respect to age of conviction as follows:

(A) Child molesting (IC 35-42-4-3).

(B) Child seduction (IC 35-42-4-7).

(D) Incest (IC 35-46-1-3).

(E) Making an unlawful proposition (IC 35-45-4-3).

(F) Prostitution (IC 35-45-4-2).

(G) Rape (IC 35-42-4-1).

(H) Sexual misconduct with a minor (IC 35-42-4-9(a)).

(2) Crimes of violence that can be considered without respect to age of conviction as follows:

(A) Aggravated battery (IC 35-42-2-1.5).

(B) Attempted murder (IC 35-41-5-1).

(D) Child exploitation as a Level 5 felony under IC 35-42-4-4(b) or a Level 4 felony under IC 35-42-4-4(c).

(E) Child molesting (IC 35-42-4-3).

(F) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).

(G) Involuntary manslaughter (IC 35-42-1-4).

(H) Kidnapping (IC 35-42-3-2).

(I) Murder (IC 35-42-1-1).

(J) Operating a vehicle while intoxicated causing death. Penalties; death or catastrophic injury; death of a law enforcement animal (IC 9-30-5-5).

(K) Operating a vehicle while intoxicated causing serious bodily injury to another person. Classification of offense; serious bodily injury (IC 9-30-5-4).

(L) Rape (IC 35-42-4-1).

(M) Reckless homicide (IC 35-42-1-5).

(N) Resisting law enforcement as a felony (IC 35-44.1-3-1).

(O) Robbery as a Level 2 felony or a Level 3 felony (IC 35-42-5-1).

(P) Sexual misconduct with a minor as a Level 1 felony under IC 35-42-4-9(a)(2) or a Level 2 felony under IC 35-42-4-9(b)(2).

(Q) Unlawful possession of a firearm by a serious violent felon (IC 35-47-4-5).

(R) Voluntary manslaughter (IC 35-42-1-3).

(3) Abandonment or neglect of vertebrate animals; defense (IC 35-46-3-7).

(4) Abuse of corpse (IC 35-45-11-2).

(5) Adoption deception (IC 35-46-1-9.5).

(6) Agricultural terrorism (IC 35-47-12-2) (before its repeal).

(7) Altering historic property (IC 35-43-1-6).

(8) Armor-piercing ammunition; offense; exception (IC 35-47-5-11.5).

(9) Arson (IC 35-43-1-1).

(10) Assisting a criminal (IC 35-44.1-2-5).

(11) Assisting suicide (IC 35-42-1-2.5).

(12) Attempt under IC 35-41-5-1 to commit an offense listed in this section.

(13) Attempting to purchase handgun by ineligible person (IC 35-47-2.5-15) (before its repeal).

(14) Attendance at fighting contest (IC 35-46-3-10).

(15) Auto theft (IC 35-43-4-2.5) (before its repeal).

(16) Battery (IC 35-42-2-1).

(17) Battery, neglect, or exploitation of endangered adult or person with mental or physical disability; failure to report; unlawful disclosures; referrals; retaliation (IC 35-46-1-13).

(18) Bestiality (IC 35-46-3-14).

(19) Bigamy (IC 35-46-1-2).

(20) Bribery (IC 35-44.1-1-2).

(21) Burglary (IC 35-43-2-1).

(22) Carjacking (IC 35-42-5-2) (before its repeal).

(23) Carrying a handgun without being licensed; exceptions; person convicted of domestic battery (IC 35-47-2-1).

(24) Causing suicide (IC 35-42-1-2).

(25) Cemetery mischief (IC 35-43-1-2.1).

(26) Check deception (IC 35-43-5-5) (before its repeal).

(27) Check fraud (IC 35-43-5-12) (before its repeal).

(28) Child exploitation; possession of child pornography; exemptions; defenses (IC 35-42-4-4).

(29) Child sexual trafficking (IC 35-42-3.5-1.3).

(30) Child solicitation (IC 35-42-4-6).

(31) "Chinese throwing star" defined; related offenses (IC 35-47-5-12).

(32) Computer trespass; computer hoarding programs (IC 35-43-2-3).

(33) Conflict of interest (IC 35-44.1-1-4).

(34) Conspiracy under IC 35-41-5-2 to commit an offense listed in this section.

(35) Consumer product tampering; offenses (IC 35-45-8-3).

(36) Contributing to the delinquency of a minor (IC 35-46-1-8).

(37) Conversion (IC 35-43-4-3).

(38) Corrupt business influence (IC 35-45-6-2).

(39) Counterfeiting; false or fraudulent sales receipts; forgery; application fraud (IC 35-43-5-2).

(40) Criminal confinement (IC 35-42-3-3).

(41) Criminal mischief; institutional criminal mischief; controlled substance criminal mischief (IC 35-43-1-2).

(42) Criminal organization recruitment (IC 35-45-9-5).

(43) Criminal parole violation by a sexual predator (IC 35-44.1-3-9).

(44) Criminal recklessness; element of hazing; liability barred for good faith report or judicial participation (IC 35-42-2-2).

(45) Criminal stalking (IC 35-45-10-5).

(46) Criminal transfer of a firearm (IC 35-47-2.5-16).

(47) Criminal trespass; denial of entry; denial by posting with purple marks; permission to enter; exceptions (IC 35-43-2-2).

(48) Criminal use or possession of code grabbing device (IC 35-45-12-2).

(49) Cruelty to a law enforcement animal (IC 35-46-3-11).

(50) Cruelty to a search and rescue dog (IC 35-46-3-11.3).

(51) Cruelty to a service animal (IC 35-46-3-11.5).

(52) Dangerous control of a firearm (IC 35-47-10-6).

(53) Dangerous possession and unlawful transfer of a firearm (IC 35-47-10-5).

(54) Dealing in a controlled substance by a practitioner (IC 35-48-4-1.5).

(55) Dealing in a controlled substance resulting in death (IC 35-42-1-1.5).

(56) Dealing in a counterfeit substance (IC 35-48-4-5).

(57) Dealing in a schedule I, II, or III controlled substance or controlled substance analog (IC 35-48-4-2).

(58) Dealing in a schedule IV controlled substance or controlled substance analog (IC 35-48-4-3).

(59) Dealing in a schedule V controlled substance or controlled substance analog (IC 35-48-4-4).

(60) Dealing in a substance represented to be a controlled substance (IC 35-48-4-4.5) (before its repeal).

(61) Dealing in a synthetic drug or synthetic drug lookalike substance (IC 35-48-4-10.5) (before its repeal).

(62) Dealing in cocaine or narcotic drug (IC 35-48-4-1).

(63) Dealing in marijuana, hash oil, hashish, or salvia (IC 35-48-4-10).

(64) Dealing in methamphetamine (IC 35-48-4-1.1).

(65) Dealing in paraphernalia (IC 35-48-4-8.5).

(66) Deception (IC 35-43-5-3).

(67) Deception with intent to cause withholding of CPR (IC 16-36-5-28).

(68) Delivery of deadly weapon to intoxicated person (IC 35-47-4-1).

(69) Deploying a booby trap (IC 35-47.5-5-10).

(70) Destruction of declaration; forgery of revocation (IC 16-36-5-27).

(71) Destructive device or explosive to kill, injure, or intimidate or to destroy property (IC 35-47.5-5-8).

(72) Destructive devices (IC 35-47.5-5-2).

(73) Directing laser pointer at public safety officer or state police motor carrier inspector (IC 35-47-4.5-4).

(74) Disarming a law enforcement officer (IC 35-44.1-3-2).

(75) Disrupting operation of aircraft; Class B felony (IC 35-47-6-1.6).

(76) Dissemination of matter or conducting performance harmful to minors (IC 35-49-3-3).

(77) Distribution of destructive device, explosive, or detonator to a minor (IC 35-47.5-5-5).

(78) Distribution of regulated explosives to persons convicted of felony (IC 35-47.5-5-4).

(79) Domestic battery (IC 35-42-2-1.3).

(80) Domestic violence animal cruelty (IC 35-46-3-12.5).

(81) Dumping controlled substance waste (IC 35-48-4-4.1).

(82) Duties of driver of motor vehicle involved in accident; sentencing (IC 9-26-1-1.1).

(83) Decompression of animals (IC 35-46-3-15).

(84) Enticing or taking a patient away or aiding a patient to escape from the custody of an administrator or a superintendent (IC 12-24-17-7).

(85) Escape (IC 35-44.1-3-4).

(86) Evasion of tax; offenses; prosecution (IC 6-3-6-11).

(87) Exploitation of dependent or endangered adult; financial exploitation of endangered adult; violation classification (IC 35-46-1-12).

(88) Failure of carriers of dangerous communicable diseases to warn persons at risk (IC 35-45-21-3).

(89) Failure to appear (IC 35-44.1-2-9).

(90) Failure to make report (IC 31-33-22-1).

(91) Failure to report a dead body (IC 35-45-19-3).

(92) Failure to respond to a summons (IC 35-44.1-2-10).

(93) False government issued identification (IC 35-43-5-2.5).

(94) False identity statement (IC 35-44.1-2-4).

(95) False reporting; false informing (IC 35-44.1-2-3).

(96) False reports; criminal and civil liability; notification of prosecuting attorney (IC 31-33-22-3).

(97) Feticide (IC 35-42-1-6).

(98) Firearm, explosive, or deadly weapon; possession in commercial or chartered aircraft (IC 35-47-6-1).

(99) Firearm, explosive, or deadly weapon; possession in controlled access areas of an airport (IC 35-47-6-1.3).

(100) Firearms and handguns; giving false information or offering false evidence of identity (IC 35-47-2-17).

(101) Fraud (IC 35-43-5-4).

(102) Fraud on financial institutions (IC 35-43-5-8) (before its repeal).

(103) Ghost employment (IC 35-44.1-1-3).

(104) Harassment; "obscene message" defined (IC 35-45-2-2).

(105) Harboring a non-immunized dog (IC 35-46-3-1).

(106) Hindering or obstructing detection, disarming, or destruction of destructive device (IC 35-47.5-5-7).

(107) Hoax devices or replicas (IC 35-47.5-5-6).

(108) Home improvement fraud (IC 35-43-6-12) (before its repeal).

(109) Homicide (IC 35-42-1).

(110) Human organ trafficking (IC 35-46-5-1).

(111) Human trafficking (IC 35-42-3.5-1.4).

(112) Identity deception (IC 35-43-5-3.5).

(113) Impersonating a firefighter at an emergency incident area (IC 35-44.1-4-7).

(114) Impersonation of a public servant (IC 35-44.1-2-6).

(115) Inappropriate communication with a child (IC 35-42-4-13).

(116) Indecent display by a youth (IC 35-45-4-6).

(117) Inhaling toxic vapors (IC 35-46-6-2).

(118) Inmate fraud (IC 35-43-5-20) (before its repeal).

(119) Insurance fraud; insurance application fraud (IC 35-43-5-4.5) (before its repeal).

(120) Insurance fraud (IC 35-43-5-7.2) (before its repeal).

(121) Intentional signing of false document (IC 23-0.5-2-9).

(122) Interference with custody (IC 35-42-3-4).

(123) Interference with jury service (IC 35-44.1-2-11).

(124) Interference with the reporting of a crime (IC 35-45-2-5).

(125) Interference with witness service (IC 35-44.1-2-12).

(126) Interfering with drug or alcohol screening test (IC 35-43-5-19).

(127) Intimidation (IC 35-45-2-1).

(128) Invasion of privacy; offense; penalties (IC 35-46-1-15.1).

(129) Knife with a detachable blade (IC 35-47-5-2).

(130) Legend drug deception; penalty (IC 35-43-10-3).

(131) Loansharking (IC 35-45-7-2).

(132) Machine gun (IC 35-47-5-8).

(133) Malicious mischief (IC 35-45-16-2).

(134) Making a false sales document (IC 35-43-5-16) (before its repeal).

(135) Making an unlawful proposition (IC 35-45-4-3).

(136) Manufacture of paraphernalia (IC 35-48-4-8.1).

(137) Manufacturing methamphetamine (IC 35-48-4-1.2).

(138) Medicaid fraud (IC 35-43-5-7.1) (before its repeal).

(139) Money laundering; defenses (IC 35-45-15-5).

(140) Neglect, abuse, or maltreatment of a patient in a state institution; penalty (IC 12-24-17-3).

(141) Neglect of a dependent; child selling (IC 35-46-1-4).

(142) Nitrous oxide distribution; nonmedical purposes (IC 35-46-6-3).

(143) Nonsupport of a dependent child (IC 35-46-1-5).

(144) Nonsupport of a parent (IC 35-46-1-7).

(145) Nonsupport of a spouse (IC 35-46-1-6).

(146) Notario publico deception (IC 35-43-5-3.7).

(147) Notary fraud; notarial fraud (IC 35-43-5-23).

(148) Obscene performance (IC 35-49-3-2).

(149) Obstructing a firefighter (IC 35-44.1-4-8).

(150) Obstructing an emergency medical person (IC 35-44.1-4-9).

(151) Obstruction of delivery of prescription drug (IC 35-45-21-5).

(152) Obstruction of justice (IC 35-44.1-2-2).

(153) Obstruction of traffic (IC 35-44.1-2-13).

(154) Obtaining child abuse information under false pretenses; knowingly falsifying records or interfering with an investigation (IC 31-33-22-2).

(155) Offense against computer users (IC 35-43-1-8).

(156) Offense against intellectual property (IC 35-43-1-7).

(157) Offenses concerning Social Security numbers (IC 35-44.2-4-2).

(158) Offenses relating to registration labeling and prescription forms (IC 35-48-4-14).

(159) Official misconduct (IC 35-44.1-1-1).

(160) Operating a motorboat while intoxicated (IC 35-46-9-6).

(161) Operating a vehicle while intoxicated (IC 9-30-5).

(162) Operating loaded machine gun (IC 35-47-5-9).

(163) Operation of home without proper licensure; prohibition (IC 12-17.2-5-1).

(164) Operation of tobacco business near school; prohibited (IC 35-46-1-11.2).

(165) Participation in criminal organization; offense (IC 35-45-9-3).

(166) Perjury (IC 35-44.1-2-1).

(167) Permitting child to possess a firearm (IC 35-47-10-7).

(168) Pointing firearm at another person (IC 35-47-4-3).

(169) Possession of a cellular telephone while incarcerated (IC 35-44.1-3-8).

(170) Possession of a controlled substance or controlled substance analog; obtaining a schedule V controlled substance (IC 35-48-4-7).

(171) Possession of a dangerous device while incarcerated (IC 35-44.1-3-7).

(172) Possession of a fraudulent sales document manufacturing device (IC 35-43-5-15) (before its repeal).

(173) Possession of a knife on school property (IC 35-47-5-2.5).

(174) Possession of animal fighting paraphernalia (IC 35-46-3-8.5).

(175) Possession of cocaine or narcotic drug (IC 35-48-4-6).

(176) Possession of device or substance used to interfere with drug or alcohol screening test (IC 35-43-5-18).

(177) Possession of electronic gaming device; maintaining a professional gambling site; exception for antique slot machines possessed for decorative, historic, or nostalgic purposes (IC 35-45-5-3.5).

(178) Possession of firearms on school property or a school bus; possession of firearms in a motor vehicle parked in a school parking lot (IC 35-47-9-2).

(179) Possession of marijuana, hash oil, hashish, or salvia (IC 35-48-4-11).

(180) Possession of methamphetamine (IC 35-48-4-6.1).

(181) Possession of paraphernalia (IC 35-48-4-8.3).

(182) Possession or sale of drug precursors (IC 35-48-4-14.5).

(183) Professional gambling; professional gambling over the Internet (IC 35-45-5-3).

(184) Profiteering from public service (IC 35-44.1-1-5).

(185) Profiting from adoption (IC 35-46-1-9).

(186) "Machine gun"; prohibited sales or transfers of ownership (IC 35-47-2-7).

(187) Promoting an animal fighting contest (IC 35-46-3-9.5).

(188) Promoting professional gambling; acts constituting; boat manufacturers; public utilities (IC 35-45-5-4).

(189) Promoting prostitution (IC 35-45-4-4).

(190) Promotion of child sexual trafficking; promotion of sexual trafficking of a younger child (IC 35-42-3.5-1.2).

(191) Promotion of human labor trafficking (IC 35-42-3.5-1).

(192) Promotion of human sexual trafficking (IC 35-42-3.5-1.1).

(193) Promotion, use of animals, or attendance with animal at animal fighting contest (IC 35-46-3-9).

(194) Public indecency (IC 35-45-4-1).

(195) Public intoxication prohibited; failure to enforce by a law enforcement officer (IC 7.1-5-1-3).

(196) Public nudity (IC 35-45-4-1.5).

(197) Public safety remote aerial interference (IC 35-44.1-4-10).

(198) Purchase or possession of animals for fighting contests (IC 35-46-3-8).

(199) "Qualified egg bank"; unlawful transfer of human organisms; exceptions; penalties (IC 35-46-5-3).

(200) Railroad mischief (IC 35-43-1-2.3).

(201) Reckless supervision (IC 35-46-1-4.1).

(202) Refusal to aid an officer (IC 35-44.1-3-3).

(203) Registration violations; penalty (IC 11-8-8-17).

(204) Regulated explosives; persons convicted of felonies; prior unrelated convictions (IC 35-47.5-5-3).

(205) Remote aerial harassment (IC 35-45-10-6).

(206) Removal of attack dog's vocal cords; animal cruelty (IC 35-46-3-13).

(207) Residential entry (IC 35-43-2-1.5).

(208) Resisting law enforcement (IC 35-44.1-3-1).

(209) Rioting (IC 35-45-1-2).

(210) Robbery (IC 35-42-5-1).

(211) Sale, distribution, or exhibition of obscene matter (IC 35-49-3-1).

(212) Sale of kit or device for unauthorized use of cable television system services (IC 35-43-5-6.5) (before its repeal).

(213) Sale or distribution of HIV testing equipment (IC 35-45-21-2).

(214) Sale to minors prohibited; furnishing property for the purpose of enabling minors to consume alcohol prohibited (IC 7.1-5-7-8).

(215) Sex offender Internet offense (IC 35-42-4-12).

(216) Sex offender residency restrictions (IC 35-42-4-11).

(217) Sex offender unmanned aerial vehicle offense (IC 35-42-4-12.5).

(218) Sexual battery (IC 35-42-4-8).

(219) Sexual misconduct with a service provider (IC 35-44.1-3-10).

(220) Sexually violent predator; duty to notify (IC 11-8-8-18).

(221) Stolen valor fraud (IC 35-43-5-22) (before its repeal).

(222) Strangulation (IC 35-42-2-9).

(223) Stun guns; purchase, possession, and sale; use in commission of crime; use on law enforcement officer (IC 35-47-8-5).

(224) Synthetic drug or synthetic drug lookalike substance (IC 35-48-4-11.5) (before its repeal).

(225) Synthetic identity deception (IC 35-43-5-3.8) (before its repeal).

(226) "Synthetic urine" (IC 35-43-5-19.5).

(227) Tampering with a water supply; poisoning (IC 35-43-1-5).

(228) Tattooing or body piercing a minor (IC 35-45-21-4).

(229) Terrorism (IC 35-47-12-1) (before its repeal).

(230) Terroristic deception (IC 35-43-5-3.6) (before its repeal).

(231) Terroristic mischief (IC 35-47-12-3) (before its repeal).

(232) Theft (IC 35-43-4-2).

(233) Threats; refusal to join or withdrawal from organization; intimidation offense (IC 35-45-9-4).

(234) Torture or mutilation of a vertebrate animal; killing a domestic animal (IC 35-46-3-12).

(235) Trafficking with an inmate; carrying a deadly weapon into a correctional facility (IC 35-44.1-3-5).

(236) Trafficking with an inmate outside a facility (IC 35-44.1-3-6).

(237) Transferring contaminated body fluids (IC 35-45-21-1).

(238) Unauthorized adoption advertising (IC 35-46-1-21).

(239) Unauthorized adoption facilitation (IC 35-46-1-22).

(240) Undisclosed transport of dangerous device (IC 35-47-6-1.1).

(241) Unlawful acts relating to caves; offense (IC 35-43-1-3).

(242) Unlawful documentation of a gift of organs, tissue, eyes, or body parts (IC 35-46-5-4).

(243) Unlawful employment by a sexual predator (IC 35-42-4-10).

(244) Unlawful entry of school property by a serious sex offender (IC 35-42-4-14).

(245) Unlawful entry to restricted area of airport (IC 35-47-6-1.4).

(246) Unlawful gambling (IC 35-45-5-2).

(247) Unlawful delivery, manufacture, distribution, or possession of a substance represented to be a controlled substance; factors (IC 35-48-4-4.6).

(248) Unlawful manufacture or sale of police or fire insignia (IC 35-44.1-2-8).

(249) Unlawful participation in human cloning; exception (IC 35-46-5-2).

(250) Unlawful photography and surveillance on private property (IC 35-46-8.5-1).

(251) Unlawful possession of a card skimming device (IC 35-43-5-4.3) (before its repeal).

(252) Unlawful possession of a firearm by a domestic batterer (IC 35-47-4-6).

(253) Unlawful possession of a firearm by a serious violent felon (IC 35-47-4-5).

(254) Unlawful practices; investment advisers and investment adviser representatives; investment advisory contract (IC 23-19-5-2).

(255) Unlawful promotion or organization of combative fighting (IC 35-45-18-3).

(256) Unlawful purchase of a handgun (IC 35-47-2.5-14) (before its repeal).

(257) Unlawful sale or possession of a transaction manipulation device (IC 35-43-5-4.6) (before its repeal).

(258) Unlawful transfer of fetal tissue (IC 35-46-5-1.5).

(259) Unlawful use of a communications medium; definitions (IC 35-45-2-3) (before its repeal).

(260) Unlawful use of body armor (IC 35-47-5-13).

(261) Unlawful use of a police radio (IC 35-44.1-2-7).

(262) Use of overpressure device (IC 35-47.5-5-9).

(263) Use of regulated explosive in violation of commission rule (IC 35-47.5-5-11).

(264) Vicarious sexual gratification; sexual conduct in presence of a minor (IC 35-42-4-5).

(265) Violation of certain no contact orders; offense; penalty (IC 35-46-1-15.3).

(266) Violation of civil rights (IC 35-46-2-1).

(267) Violation of IC 25-2.1-12 (unauthorized practice of accounting) under IC 25-2.1-13-3.

(268) Violation of IC 25-2.5 (unauthorized practice of acupuncture) under IC 25-2.5-3-4.

(269) Violation of IC 25-3.7 (unauthorized practice of an anesthesiologist assistant) under IC 25-3.7-3.

(270) Violation of IC 25-5.1-4-1 (unauthorized practice of athletic trainer) under IC 25-5.1-4-2.

(271) Violation of IC 25-5.2-2-12 (misconduct by athlete agent) under IC 25-5.2-2-12.

(272) Violation of IC 25-6.1-7-1 (unauthorized practice of auctioneering) under IC 25-6.1-7-1.

(273) Violation of IC 25-6.1-7-2 (violation of auctioneering statute) under IC 25-6.1-7-2.

(274) Violation of IC 25-8-15.4 (unauthorized operation of a tanning facility) under IC 25-8-15.4-25.

(275) Violation of IC 25-10-1 (unauthorized practice of chiropractic) under IC 25-10-1-11.

(276) Violation of IC 25-11-1 (violation of the collection agency statute) under IC 25-11-1-12.

(277) Violation of IC 25-13-1 (unauthorized practice of dental hygienist) under IC 25-13-1-3.

(278) Violation of IC 25-14-1 (unauthorized practice of dentistry) under IC 25-14-1-25.

(279) Violation of IC 25-14-1-25.5 (preventing a dentist from following retirement procedures) under IC 25-14-1-25.5.

(280) Violation of IC 25-14-4 (unlawful referral services for a dentist) under IC 25-14-4-6.

(281) Violation of IC 25-14.3 (violation of diabetes educator statute) under IC 25-14.3-5-1.

(282) Violation of IC 25-14.5 (unauthorized practice of dietitian) under IC 25-14.5-7-2.

(283) Violation of IC 25-16-1 (violation of employment services statute) under IC 25-16-1-18 [IC 25-16 was repealed by P.L.149-2023, SECTION 20, effective July 1, 2023.] .

(284) Violation of IC 25-17.3-5 (violation of genetic counselors statute) under IC 25-17.3-5-3.

(285) Violation of IC 25-17.6-8-2 (unauthorized practice of professional geologist) under IC 25-17.6-8-2.

(286) Violation of IC 25-20-1 (unauthorized practice of hearing aid dealer) under IC 25-20-1-21.

(287) Violation of IC 25-20.7-5-1 (unauthorized practice of interior designer) under IC 25-20.7-5-1.

(288) Violation of IC 25-21.5-5-10 (making false statements in an application to become a surveyor) under IC 25-21.5-5-10.

(289) Violation of IC 25-21.5-13-2 (unauthorized practice of surveying) under IC 25-21.5-13-2.

(290) Violation of IC 25-21.8 (unauthorized practice of massage therapy) under IC 25-21.8-7-1.

(291) Violation of IC 25-22.5 (unauthorized practice of medicine, midwifery, osteopathic medicine, or physician assistant) under IC 25-22.5-8-1 and IC 25-22.5-8-2.

(292) Violation of IC 25-22.5 (violation of temporary medical permit statute) under IC 25-22.5-8-3.

(293) Violation of IC 25-23-1 (unauthorized practice of nursing) under IC 25-23-1-27.

(294) Violation of IC 25-23.5-3 (unauthorized practice of occupational therapy) under IC 25-23.5-3-2.

(295) Violation of IC 25-23.6-3 (unauthorized practice of marriage and family therapy) under IC 25-23.6-3-3.

(296) Violation of IC 25-23.6-4 (unauthorized practice of social work) under IC 25-23.6-4-4.

(297) Violation of IC 25-23.6-4.5 (violation of mental health counselor statute) under IC 25-23.6-4.5-4.

(298) Violation of IC 25-23.6-7-6 (providing false information about counselor's educational background) under IC 25-23.6-7-7.

(299) Violation of IC 25-23.6-10.1 (unauthorized practice of addiction counselor or therapist) under IC 25-23.6-10.1-6.

(300) Violation of IC 25-23.6-11-1 (unauthorized use of term "psychotherapy" or "clinical psychology") under IC 25-23.6-11-1.

(301) Violation of IC 25-23.6 (unauthorized use of license issued by behavioral health and human services board) under IC 25-23.6-11-2.

(302) Violation of IC 25-23.6-11-3 (presenting false information to the behavioral health and human services board to obtain license) under IC 25-23.6-11-3.

(303) Violation of IC 25-23.7-7-5 (unauthorized practice of home installing) under IC 25-23.7-7-5.

(304) Violation of IC 25-23.4 (unauthorized practice of direct entry midwife) under IC 25-23.4-3-7.

(305) Violation of IC 25-24-1 (unauthorized practice of optometry) under IC 25-24-1-18.

(306) Violation of IC 25-26-13-29 (unauthorized practice of pharmacy or as a pharmacist) under IC 25-26-13-29.

(307) Violation of any state drug law related to wholesale legend drug distribution (IC 25-26-14).

(308) Violation of IC 25-26-19-9 (unauthorized practice of pharmacy technician) under IC 25-26-19-9.

(309) Violation of IC 25-26-21 (unauthorized provision of home medical equipment services) under IC 25-26-21-11.

(310) Violation of IC 25-27-1 (unauthorized practice of physical therapy) under IC 25-27-1-12.

(311) Violation of IC 25-27.5-7 (unauthorized practice of physician assistant) under IC 25-27.5-7-2.

(312) Violation of IC 25-28.5-1 (unauthorized practice of plumbing) under IC 25-28.5-1-31.

(313) Violation of IC 25-29 (unauthorized practice of podiatry) under IC 25-29-9-1.

(314) Violation of IC 25-30-1 (unauthorized practice of being a private investigator) under IC 25-30-1-21.

(315) Violation of IC 25-30-1.3 (unauthorized operation of a security agency) under IC 25-30-1.3-23.

(316) Violation of IC 25-31-1-13 (making a false statement in an application to become an engineer) under IC 25-31-1-13.

(317) Violation of IC 25-31-1 (unauthorized practice of engineering) under IC 25-31-1-27.

(318) Violation of IC 25-31.5-8-7 (unauthorized practice as a registered professional soil scientist) under IC 25-31.5-8-7.

(319) Violation of IC 25-33-1-14 (unlawful use of title "psychologist") under IC 25-33-1-15.

(320) Violation of IC 25-34.5-3 (unauthorized practice of respiratory care) under IC 25-34.5-3-2.

(321) Violation of IC 25-35.6 (unauthorized practice of speech-language pathology and audiology) under IC 25-35.6-3-10.

(322) Violation of IC 25-36.1-2 (violation of certified surgical technology statute) under IC 25-36.1-2-3.

(323) Violation of IC 25-36.5-1-10 (unauthorized practice of timber buying or timber buying agent) under IC 25-36.5-1-10 and IC 25-36.5-1-15.

(324) Violation of IC 25-38.1 (unauthorized practice of veterinary medicine) under IC 25-38.1-4-10.

(325) Violation of IC 25-38.1 (unauthorized practice of veterinary technician) under IC 25-38.1-4-11.

(326) Violation of IC 25-39-5 (unlawful drilling and well installation) under IC 25-39-5.

(327) Violation of IC 25-41-1-1 (before its repeal) (unauthorized practice of behavior analyst) under IC 25-41-1-2 (before its repeal).

(328) Violation of Indiana Legend Drug Act (IC 16-42-19).

(329) Violation of order by parent or other custodian of child (IC 31-34-2.3-7).

(330) Violation of order by alleged perpetrator of child abuse or neglect (IC 31-34-2.3-8).

(331) Violations related to conversion or misappropriation of title insurance escrow funds (IC 35-43-9-7) (before its repeal).

(332) Visiting a common nuisance; maintaining a common nuisance (IC 35-45-1-5).

(333) Voyeurism; public voyeurism; aerial voyeurism (IC 35-45-4-5).

(334) Welfare fraud (IC 35-43-5-7) (before its repeal).

(335) Worker's compensation fraud (IC 35-43-5-21) (before its repeal).

(Indiana Board of Physical Therapy; 842 IAC 1-8-4; filed Aug 28, 2023, 10:20 a.m.: 20230927-IR-842230049FRA; readopted filed Feb 15, 2024, 1:29 p.m.: 20240313-IR-842230774RFA)

842 IAC 1-8-5 842 IAC 1-8-5 Convictions in another jurisdiction

842 IAC 1-8-5 Convictions in another jurisdiction

Authority: IC 25-1-1.1-6

Affected: IC 25-27

Sec. 5. A crime in any other jurisdiction for which the elements of the crime for which conviction was entered are substantially similar to the elements of a crime included on the list in section 4 of this rule shall also be a crime that may disqualify an individual from receiving a license and therefore included on the list.

(Indiana Board of Physical Therapy; 842 IAC 1-8-5; filed Aug 28, 2023, 10:20 a.m.: 20230927-IR-842230049FRA; readopted filed Feb 15, 2024, 1:29 p.m.: 20240313-IR-842230774RFA)

842 IAC 1-8-6 842 IAC 1-8-6 Prelicensure determinations; fee

842 IAC 1-8-6 Prelicensure determinations; fee

Authority: IC 25-1-1.1-6

Affected: IC 25-1-1.1-6; IC 25-27

Sec. 6. The fee for a petition under IC 25-1-1.1-6(g) for a determination as to whether an individual's misdemeanor or felony conviction may disqualify the individual from receiving a license or certification is twenty-five dollars ($25).

(Indiana Board of Physical Therapy; 842 IAC 1-8-6; filed Aug 28, 2023, 10:20 a.m.: 20230927-IR-842230049FRA; readopted filed Feb 15, 2024, 1:29 p.m.: 20240313-IR-842230774RFA)

842 IAC 1 — ARTICLE 1. PHYSICAL THERAPISTS AND PHYSICAL THERAPISTS' ASSISTANTS

Rule 1

842 IAC 1-1-1 842 IAC 1-1-1 Definitions

842 IAC 1-1-2 842 IAC 1-1-2 Standards of practice for physical therapy services

842 IAC 1-1-3 842 IAC 1-1-3 Accreditation of educational programs

Rule 2

842 IAC 1-2-1 842 IAC 1-2-1 Fees

842 IAC 1-2-2 842 IAC 1-2-2 Fines and civil penalties

Rule 3

842 IAC 1-3-1 842 IAC 1-3-1 Licensure by endorsement

842 IAC 1-3-2 842 IAC 1-3-2 Licensure by examination

842 IAC 1-3-3 842 IAC 1-3-3 Applications for licensure as a physical therapist or certification as a physical therapist's assistant (Repealed)

842 IAC 1-3-4 842 IAC 1-3-4 Temporary permits (Repealed)

842 IAC 1-3-5 842 IAC 1-3-5 Social Security numbers

Rule 4

842 IAC 1-4-1 842 IAC 1-4-1 Mandatory registration; renewal

842 IAC 1-4-2 842 IAC 1-4-2 Address; change of name

842 IAC 1-4-3 842 IAC 1-4-3 Reinstatement of delinquent license

Rule 5

842 IAC 1-5-1 842 IAC 1-5-1 Duties of suspended licensees, certificate holders

842 IAC 1-5-2 842 IAC 1-5-2 Protection of patients' interests

Rule 6

842 IAC 1-6-1 842 IAC 1-6-1 Definitions

842 IAC 1-6-2 842 IAC 1-6-2 Standards of professional conduct and competent practice

Rule 7

842 IAC 1-7-1 842 IAC 1-7-1 Continuing competency requirements

842 IAC 1-7-2 842 IAC 1-7-2 Responsibilities of licensees

842 IAC 1-7-3 842 IAC 1-7-3 License or certification period; number of hours required

842 IAC 1-7-4 842 IAC 1-7-4 "Category I continuing competency activities" and "category II continuing competency activities" defined

842 IAC 1-7-5 842 IAC 1-7-5 Approved organizations; standards for approval

Rule 8

842 IAC 1-8-1 842 IAC 1-8-1 Scope

842 IAC 1-8-2 842 IAC 1-8-2 Issuance of license

842 IAC 1-8-3 842 IAC 1-8-3 Authority to issue a license on probation

842 IAC 1-8-4 842 IAC 1-8-4 Convictions of concern

842 IAC 1-8-5 842 IAC 1-8-5 Convictions in another jurisdiction

842 IAC 1-8-6 842 IAC 1-8-6 Prelicensure determinations; fee

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