Indiana Jurisprudence

Calista Kelly, PT, DPT, ACEEAA, Cert. MDT

March 1, 2024

Learning Outcomes

List two sources of law that govern physical therapy practice in Indiana.
Identify the clinical scope of physical therapy practice in Indiana based on the most recent Indiana Physical Therapy Practice Act.
Describe how to maintain and renew your Physical Therapy license, including continuing competence requirements needed for license renewal.

Introduction

Physical therapy practice in each state is established by that state's practice act. A state's practice act is decided by the legislature with administrative input and the state board of physical therapy. It is important to note that laws and rules, as well as standards and policies, can change at any time. It is the licensee’s responsibility to stay abreast of changes, and the best way to do that is through the Indiana Professional Licensing Agency's page on Physical Therapy and the American Physical Therapy Association (APTA).

Regulation of Physical Therapy in the State of Indiana is through the Indiana Code (Practice Act 25-27, Chapter 1-2), the Indiana Code Article 1 General Provisions, the Indiana Administrative Code, which are the Rules (Title 842 Indiana Board of Physical Therapy Article 1: Physical Therapists and Physical Therapist Assistants), Title 844, Article 6 Medical Licensing Board of Indiana, Physical Therapists and Physical Therapists' Assistants, the Indiana Board of Physical Therapy, and the Indiana Professional Licensing Agency. The Practice Act and the Administrative Code overlap somewhat, which you will notice as we go through the act and code below.

Read the Practice Act in its entirety and become familiar with it; this course today will only be an overview and will touch on a few key highlights. If you practice in multiple states, it is important to note that there are different practice acts in each state, so what may be okay to perform in that state may not be law in another.

Statutes

A statute is the written will of the legislative body to solemnly express according to the forms necessary to constitute the state's law. The primary role of the courts is to carry out the legislature's intent. In our case, legislative acts declare what the practice of physical therapy is – that is, what actions physical therapists can perform and what actions are prohibited.

Indiana Physical Therapy Practice Act and The Indiana Administrative Code

The Indiana Physical Therapy Practice Act is contained in Indiana Code 25-27. The Indiana Physical Therapy Practice Act is available in Article 27, Regulation of Physical Therapists, and Physical Therapy Practice Act. The Indiana Administrative Code may be found here.

As noted, the board may adopt new rules or amend existing ones between complete editions and, if so, will list those on its website. There have been some recent changes in the past few years, and it is important to keep up to date with changes to the practice act.

On the website, you can find information about licensing, including how to renew your license, telehealth certification for out-of-state practitioners, and Physical Therapy Board information, including meeting dates, minutes and agendas.

The legislative purpose and intent of the Practice Act are to protect public health, safety, and welfare and to provide the state administrative control and supervision over the practice of physical therapy.

Title 25, Article 1 General Provisions

Title 25, 1 Evidence of License Applicant's Payment of Personal Property Taxes Required

It's illegal for any board, officer, or individual to issue a license to an Indiana resident without settling all outstanding property taxes. For licenses issued by the Bureau of Motor Vehicles, individuals with taxable possessions must present documentation, signed by the county treasurer, confirming full payment of taxes, regardless of any previous outstanding amounts. Conversely, if no taxable assets are owned, applicants must provide a statement from the county assessor attesting to an affidavit declaring no overdue taxes owed in Indiana.

Title 25, 1.1. Effect of Criminal Convictions on Licensed or Registered Persons

A "conviction of concern" refers to a criminal conviction that is closely associated with the specific duties and responsibilities of the occupation or profession for which an individual is either applying or already holds a license or certification, as determined by the board.

Except as outlined in the next four sections, a license or registration certificate required by law to engage in a business, profession, or occupation cannot be denied, revoked, or suspended solely due to an individual's conviction of an offense. However, the actions leading to the conviction may be considered to determine if the individual can be entrusted to serve the public in a specific capacity.

Furthermore, any individual licensed or certified under this title must inform the board in writing within ninety (90) days of any misdemeanor or felony criminal conviction, excluding traffic-related misdemeanors other than operating a vehicle under the influence of drugs or alcohol. This notification should be accompanied by a certified copy of the order or judgment, along with a letter of explanation.

Title 25-1-1.1-2 Suspension, Denial, or Revocation of a License or Certificate for Specified Convictions

The Board may suspend, deny, or revoke a license or certificate issued under this title without an investigation by the office of the attorney general if the individual who holds the license or certificate is convicted of any of the following offenses and the board, commission, or committee determines after the individual has appeared in person, that the offense affects the individual's ability to perform the duties of the profession:

1. Possession of cocaine or a narcotic drug
2. Possession of methamphetamine
3. Possession of a controlled substance
4. Fraudulently obtaining a controlled substance
5. Manufacture of paraphernalia as a Level 6 felony
6. Dealing in paraphernalia as a Level 6 felony
7. Possession of paraphernalia as a Level 6 felony
8. Possession of marijuana, hash oil, hashish, or salvia as a Level 6 felony
9. Possession of a synthetic drug or, possession of a controlled substance analog
10. Maintaining a common nuisance if the common nuisance involves a controlled substance.
11. An offense relating to registration, labeling, and prescription forms
12. A sex crime under IC 35-42-4. Indiana Code IC 35-42-4 encompasses offenses related to sexual misconduct and assault, such as rape, sexual battery, child molesting, child exploitation, and human trafficking.
13. A felony that reflects adversely on the individual's fitness to hold a professional license.

Title 25-1-1.1-3 Suspension or Revocation of License or Certificate; Conviction for Additional Drug Related Offenses

A license or certificate issued may be revoked or suspended if the individual who holds the license or certificate is convicted of any of the following:

1. Dealing in a controlled substance resulting in death under IC 35-42-1-1.5.
2. Dealing in or manufacturing cocaine or a narcotic drug under IC 35-48-4-1.
3. Dealing in methamphetamine under IC 35-48-4-1.1.
4. Manufacturing methamphetamine under IC 35-48-4-1.2.
5. Dealing in a schedule I, II, or III controlled substance under IC 35-48-4-2.
6. Dealing in a schedule IV controlled substance under IC 35-48-4-3.
7. Dealing in a schedule V controlled substance under IC 35-48-4-4.
8. Dealing in a substance represented to be a controlled substance under IC 35-48-4-4.5 (before its repeal on July 1, 2019).
9. Knowingly or intentionally manufacturing, advertising, distributing, or possessing with intent to manufacture, advertise, or distribute a substance represented to be a controlled substance under IC 35-48-4-4.6.
10. Dealing in a counterfeit substance under IC 35-48-4-5.
11. Dealing in marijuana, hash oil, hashish, or salvia as a felony under IC 35-48-4-10.
12. An offense under IC 35-48-4 involving the manufacture or sale of a synthetic drug (as defined in IC 35-31.5-2-321), a synthetic drug lookalike substance (as defined in IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled substance analog (as defined in IC 35-48-1-9.3), or a substance represented to be a controlled substance (as described in IC 35-48-4-4.6).
13. A violation of any federal or state drug law or rule related to wholesale legend drug distributors licensed under IC 25-26-14.

Title 25-1-1.1-4 National Criminal History Background Check for Certain Licenses and Certificates; Release of Background Results; Random Audit

This section applies to individuals applying for an initial license or certificate. "National criminal history background check" refers to the criminal history record system maintained by the FBI, using fingerprints or other positive identification. Individuals applying for an initial license/certificate must submit to a national criminal history background check at their own cost. The state police department must release the results of the background check to the Indiana Professional Licensing Agency. Boards, commissions, or committees may conduct random audits and require individuals seeking license/certificate renewals to submit to a national criminal history background check at their own cost.

Title 25-1-1.1-5 Memorandum of Understanding for Data Exchange; Use of Personal Information

This section establishes a data-sharing agreement between the state police and the Indiana Professional Licensing Agency. It restricts the use of personal information obtained through this agreement to authorized government purposes related to licensure and law enforcement.

Title 25-1-1.1-6 Explicit List of Disqualifying Crimes Required; Use of Conviction; Criteria for Evaluating Applicant's Criminal History; Petition to Determine Whether Criminal Conviction Disqualifying

The use of an individual's conviction as a "conviction of concern" is limited to crimes directly related to the duties of the occupation. Disqualification periods for convictions of concern are limited to five years unless the crime was violent, sexual, or a repeat offense.

Individuals can petition the board to determine whether their conviction will disqualify them and must submit a national criminal background check. The board/commission/committee must consider several factors when determining if a conviction disqualifies an applicant, including the nature of the crime, time elapsed, relationship to the duties, and evidence of rehabilitation.

If an individual is denied a license/certificate due to their criminal history, the board must provide written notification and the right to a hearing to challenge the decision. Based on the statutory standards, the board has the burden of proof to justify denial. The board must inform the individual of its determination within 60 days of receiving the petition.

The board/commission/committee can charge up to a $25 fee to review a petition. They can also adopt rules, including emergency rules, to implement this section.

Title 25-1-1.2-8 Notice of Probationary Status for Failure to Pay Child Support; Suspension; Reinstatement

If a person with a state-issued license fails to pay child support, the licensing board will:

Receive an order from the Child Support Bureau about the unpaid support.
Place the person's license on probationary status.
Send the person a notice that explains:
- Their license is now on probation.
- The license will be suspended if the board doesn't receive notice from the Bureau within 20 days that the person has addressed the delinquency.
- The amount of child support the person owes.
- How the person can either pay the full outstanding balance or set up a payment plan with the Bureau, including a wage garnishment.

If the board doesn't receive the required notice from the Bureau within 20 days, the board will suspend the person's license.

The board cannot reinstate a suspended or probationary license until it receives notice from the Bureau that the person has resolved the child support delinquency.

Title 25-1-4 Chapter 4 Continuing Education

The practitioner must provide the board with a sworn statement that they have fulfilled the continuing education requirements set by the board. The board will then forward this statement to the Indiana Professional Licensing Agency.

The practitioner must retain copies of their continuing education course completion certificates for three years after the licensing period in which the education was applied. The practitioner must provide these certificates to the board or agency upon request for a compliance audit. After each license renewal period, the agency, in consultation with the board, may randomly audit for compliance between 1-10% of the practitioners required to take continuing education courses.

Individuals called to active duty must be allowed to fulfill all continuing education requirements for professional or occupational licenses administered through the Indiana Professional Licensing Agency by distance learning methods.

A waiver from all or part of the continuing education requirement for a renewal period may be granted if the applicant was unable to fulfill the requirement due to a hardship resulting from:

Service in the armed forces during a substantial part of the renewal period.
An incapacitating illness or injury.
Other circumstances as determined

Noncompliance with Continuing Education Requirements

If the board determines a practitioner has not complied with continuing education requirements at the time of license renewal/reinstatement or after an audit, the board shall:

Send the practitioner notice of noncompliance by certified mail.
Require the practitioner to comply with certain conditions as a requirement for license renewal or reinstatement.
For license renewal, issue the practitioner a conditional license that is effective until they comply with the required conditions.

After receiving the noncompliance notice, the practitioner has two options:

If they believe they have complied, they can request a review and submit proof of compliance within 21 days.
If they do not disagree with the board's determination of noncompliance, they must: a. Pay a civil penalty of up to $1,000 within 21 days. b. Acquire the missing continuing education credits within 6 months. c. Comply with all other applicable provisions.

If the practitioner fails to comply with the required conditions, the board shall immediately suspend or refuse to reinstate their license.

If the board determines the practitioner knowingly made false or misleading statements about their compliance, the board may impose an additional civil penalty of up to $5,000.

The board shall reinstate or renew the practitioner's license if they provide proof of compliance with the required conditions.

If a practitioner applies for license renewal or reinstatement after previously receiving a noncompliance notice and is still found to be non-compliant, the board will:

Provide notice of noncompliance by certified mail.
Deny the application for license renewal or reinstatement.

The board shall reinstate a license not renewed under this provision upon:

Payment of a civil penalty determined by the board, up to $1,000.
Acquisition of the required continuing education credits.
The practitioner's compliance with all other applicable requirements.

Title 25 Article 1 Chapter 5 Indiana Professional Licensing Agency

The Indiana Professional Licensing Agency is responsible for performing the administrative functions, duties, and responsibilities on behalf of the Indiana Board of Physical Therapy

The Indiana Professional Licensing Agency has several key responsibilities when it comes to the state's professional boards and licenses. The agency is tasked with operating and maintaining the electronic registry of professions, as well as posting each board's public meeting agenda and minutes on their respective websites within prescribed timeframes.

The agency must also post any board vacancies on the relevant website within 14 calendar days. When it comes to application forms, the agency prescribes the application requirements and makes any new forms publicly available for 60 days before adoption. Additionally, the agency must notify applicants every 14 days about any incomplete items in their application, until the application is complete or one year has passed.

For license and certificate renewals, the agency is required to send a renewal notice to each holder at least 90 days before expiration. If the agency fails to send this notice, the holder is not subject to penalty if they renew within 45 days of receiving the notice. When administering exams for licensure or certification, the agency must make the application forms available at least 30 days before the application deadline.

The agency may require renewal applicants to submit evidence that they still meet the minimum requirements for licensure and are not in violation of their profession's statute or rules. The agency must process renewal applications within 10 days of receiving all required materials or within 24 hours if the applicant appears in person. However, the agency may delay issuing a renewal for up to 120 days to allow the relevant board to investigate potential disciplinary issues.

During the 120-day delay, the board must take action to deny, issue, or place the license on probation. The license remains valid unless it is denied or summarily suspended. The license is automatically renewed if the 120 days expire without board action. Importantly, the board's license renewal does not prevent it from later imposing sanctions on the licensee.

Finally, applications are considered abandoned if the applicant does not complete the requirements within 1 year unless the board grants an extension.

Title 25 Article 27 Physical Therapists, Chapter 1 Regulation of Physical Therapists

Definitions Title 25, Article 27-1-1

Definitions give us a common framework to begin a discussion on a particular topic or issue. Please review the definitions provided by the Indiana Practice Act below for understanding throughout the rest of the course.

Physical therapy- care and services provided by or under the direction and supervision of a physical therapist that includes any of the following:
- (A) Examining, evaluating, and conducting testing (as defined in subdivision (16)) on patients with mechanical, physiological, or developmental impairments, functional limitations, and disabilities or other health and movement-related conditions to determine a physical therapy diagnosis
- (B) Alleviating impairments, functional limitations, and disabilities by designing, implementing, and modifying treatment interventions that may include therapeutic exercise, functional training in the home, community, or work integration or reintegration that is related to physical movement and mobility, manual therapy, including soft tissue and joint mobilization or manipulation, therapeutic massage, prescription, application, and fabrication of assistive, adaptive, orthotic, protective, and supportive devices and equipment, including prescription and application of prosthetic devices and equipment, airway clearance techniques, integumentary protection and repair techniques, debridement and wound care, physical agents or modalities, mechanical and electrotherapeutic modalities, and patient-related instruction.
- Using solid filiform needles to treat neuromusculoskeletal pain and dysfunction (dry needling), after completing board-approved continuing education and complying with applicable board rules. However, a physical therapist may not engage in the practice of acupuncture unless the physical therapist is licensed under IC 25-2.5
- Reducing the risk of injury, impairment, functional limitation, and disability, including the promotion and maintenance of fitness, health, and wellness in populations of all ages
- Engaging in administration, consultation, education, and research
Physical therapist- a person who is licensed under this chapter to practice physical therapy.
Physical therapist assistant- a person who is certified under this chapter and assists a physical therapist in selected components of physical therapy treatment interventions
Board- refers to the Indiana Board of Physical Therapy
Physical therapy aide- support personnel who perform designated tasks related to the operation of physical therapy services
Person- an individual
Sharp debridement- removal of foreign material or dead tissue from or around a wound, without anesthesia and with generally no bleeding, through the use of sharp medical instruments such as a sterile scalpel, scissors, forceps, and tweezers to expose healthy tissue, prevent infection and promote healing.
Spinal manipulation- a method of skillful and beneficial treatment by which a physical therapist uses direct thrust to move a joint of the patient's spine beyond its normal range of motion, but without exceeding the limits of anatomical integrity.
Tasks- activities that do not require the clinical decision-making of a physical therapist or the clinical problem-solving of a physical therapist assistant.
Competence- the application of knowledge, skills, and behaviors required to function effectively, safely, ethically, and legally within the patient's role and environment.
Continuing competence- the process of maintaining and documenting competence through ongoing self-assessment, development, and implementation of a personal learning plan and subsequent reassessment.
State- a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.
Direct supervision- means that a physical therapist or physical therapist assistant is physically present and immediately available to direct and supervise tasks related to patient management.
General supervision- supervision provided by a physical therapist who is available by telecommunication.
Onsite supervision- supervision provided by a physical therapist who is continuously onsite and present in the department or facility where services are provided. The supervising therapist must be immediately available to the person being supervised and maintain continued involvement in the necessary aspects of patient care.
Conduct testing- standard methods and techniques used to gather data about a patient, including, subject to section 2.5(c) of this chapter, electrodiagnostic and electrophysiologic tests and measures. The term does not include x-rays.
Physical therapy diagnosis- a systematic examination, evaluation, and testing process that culminates in identifying the dysfunction toward which physical therapy treatment will be directed. The term does not include a medical diagnosis.

Unlawful Practices, Providing Mandated School Services 25-27-1-2

Sec 2. (a). It is unlawful for a person or business entity to do the following (unless noted elsewhere in the practice act and under IC 25-27-2):

(1) Practice physical therapy without obtaining a license first from the board, allowing the person to practice physical therapy in the state of Indiana.
(2) Profess to be or promote an employee to be a physical therapist, physiotherapist, doctor of physiotherapy, doctor of physical therapy, or registered physical therapist or to use the initials "P.T.", "D.P.T.", "L.P.T.", or "R.P.T.", or any other letters, words, abbreviations, or insignia indicating that physical therapy is provided by a physical therapist unless physical therapy is provided by or under the direction of a physical therapist.
(3) Advertise services for physical therapy or physiotherapy services unless the individual performing those services is a physical therapist.

(b) Except as provided in subsection (e) and section 2.5 of this chapter, it is unlawful for a person to practice physical therapy other than upon the order or referral of a physician, podiatrist, psychologist, chiropractor, dentist, nurse practitioner, or physician assistant holding an unlimited license to practice medicine, podiatric medicine, psychology, chiropractic, dentistry, nursing, or as a physician assistant, respectively. It is unlawful for a physical therapist to use the services of a physical therapist assistant except as provided under this chapter. For this subsection, the function of teaching, doing research, providing advisory services, or conducting seminars on physical therapy is not considered to be a practice of physical therapy.

(c) Except as otherwise provided in this chapter and IC 25-27-2, it is unlawful for a person to profess to be or act as a physical therapist assistant or to use the initials "P.T.A." or any other letters, words, abbreviations, or insignia indicating that the person is a physical therapist assistant without first obtaining from the board a certificate authorizing the person to act as a physical therapist assistant. It is unlawful for the person to act as a physical therapist assistant other than under the general supervision of a licensed physical therapist who is in charge of a patient. However, nothing in this chapter prohibits a person licensed or registered in this state under another law from engaging in the practice for which the person is licensed or registered. These exempted persons include persons engaged in the practice of osteopathic medicine, chiropractic, or podiatric medicine.

(d) Except as provided in section 2.5 of this chapter, this chapter does not authorize a person who is licensed as a physical therapist or certified as a physical therapist assistant to:

evaluate any physical disability or mental disorder except upon the order or referral of a physician, podiatrist, psychologist, chiropractor, physician assistant, nurse practitioner, or dentist;
practice medicine, surgery (as described in IC 25-22.5-1-1.1(a)(1)(C)), dentistry, optometry, osteopathic medicine, psychology, chiropractic, or podiatric medicine; or
prescribe a drug or other remedial substance used in medicine.

(e) When referred by a licensed school psychologist, a licensed physical therapist who is a school corporation employee or contractor can deliver mandated school services to a student within the physical therapist's scope of practice.

Evaluations and Treatment Without a Referral; Exceptions; Testing Certification 27-1-2.5

Sec. 2.5

A physical therapist may evaluate and treat an individual during a period not to exceed forty-two calendar days beginning with the date of the initiation of treatment without a referral from a provider (except in regards to performing spinal manipulation-see below). However, if the individual needs additional treatment from the physical therapist after forty-two calendar days, the physical therapist must obtain a referral from the provider.

A physical therapist may not perform spinal manipulation of the spinal column or the vertebral column unless:

The physical therapist is acting on the order or referral of a physician, an osteopathic physician, or a chiropractor; AND
The referring physician, osteopathic physician, or chiropractor has examined the patient before issuing the order or referral.

A physical therapist who conducts electrophysiologic or electrodiagnostic testing must obtain and maintain the American Board of Physical Therapy Specialties Clinical Electrophysiologic Specialist Certification.

Practice of Certain Occupations or Professions and First Aid Not Prohibited 27-1-3.1

Sec. 3.1. This chapter does not prohibit any of the following:

The practice of any occupation or profession for which a person is licensed, certified, or registered in Indiana by a state agency. The persons exempted by this subdivision include persons licensed, certified, or registered to practice osteopathic medicine, chiropractic, or podiatric medicine.
The practice of any health care occupation or profession by a person practicing within the scope of the person's education and experience.
The performance of any first aid procedure incidental to a person's employment or volunteer duties.
The performance of an emergency first aid procedure by any person.

Except as provided in section 2(a)(3) of this chapter, the provision of the following by a chiropractor licensed under IC 25-10:

Physical therapy modality services
Physical rehabilitation services
Therapeutic procedures
Tests and measurements
Therapeutic devices
Physiotherapy, as included in the chiropractic licensure examination

Exempt Persons 27-1-3.3

Sec. 3.3. The following persons are exempt from the licensure or certification requirements of this article:

Students on Clinical Affiliations. A person in an entry-level professional education program approved by the board who is satisfying supervised clinical education requirements related to the person's physical therapist education while under the onsite supervision of a physical therapist.
Armed Forces. A physical therapist practicing in the armed forces of the United States, United States Public Health Service, or United States Department of Veterans Affairs under federal regulations for jurisdiction licensure of health care providers. However, if the person, while federally employed as a physical therapist, engages in the practice of physical therapy outside the course and scope of federal employment, the person must obtain a license under this chapter.
Teaching Classes such as weekend classes. A physical therapist licensed in another state or credentialed to practice physical therapy in another country if the person is teaching, demonstrating, or providing physical therapy services in connection with an educational seminar. However, the exemption under this subdivision may not exceed sixty (60) days in a calendar year.
Travel with an athletic team. A physical therapist licensed in another state or credentialed in another country if the person by contract or employment is providing physical therapy to patients affiliated with or employed by established athletic teams, athletic organizations, or performing arts companies temporarily practicing, competing, or performing in Indiana. However, the exemption under this subdivision may not exceed sixty (60) days in a calendar year.
Assistance in declared local or national disasters. A physical therapist who is licensed in another state and who provides physical therapy during a declared local or national disaster or emergency. However, the exemption may not exceed sixty (60) days following the emergency declaration. To be eligible for the exemption, the physical therapist must notify the board of the person's intent to practice.
Forced to leave due to local or national disaster. A physical therapist licensed in another state who is forced to leave the person's residence or place of employment due to a declared local or national disaster or emergency and due to displacement seeks to practice physical therapy. However, the exemption may not exceed sixty (60) days following the emergency declaration. To be eligible for the exemption, the physical therapist must notify the board of the person's intent to practice.

Sharp Debridement Referral 25-27-1-3.5

Sec. 3.5. A physical therapist may not perform sharp debridement unless the physical therapist is referred by a physician, osteopath, or podiatrist.

Indiana Board of Physical Therapy 27-1-4

Sec. 4 created the Indiana Board of Physical Therapy to regulate the practice of physical therapy in Indiana.

The board consists of three physical therapists, one physical therapist assistant, and one Indiana resident who is not associated with physical therapy in any way other than as a consumer.

Beginning July 1, 2019, the governor shall make each appointment for a term of four (4) years (IC 25-1-6.5). A board member may not serve more than eight years in a ten-year period. Each physical therapist and physical therapist assistant appointed must have an unrestricted license or certificate issued under this chapter; have had not less than five years experience in the actual practice of physical therapy immediately preceding appointment, and be a resident of Indiana and actively engaged in the state in the practice of physical therapy during incumbency as a member of the board.

A majority member vote is required to take action on any measure, and the board meets at least quarterly.

Determination of Qualifications; Administration of Examinations; Standards for Competent Practice 25-27-1-5

This section consists of the Board's roles, and they include the following:

Pass upon the qualifications of physical therapists who apply for licensure and physical therapist assistants who apply for certification.
Provide all examinations either directly or by delegation by approving and utilizing the services of a testing company or agent to prepare, conduct, and score examinations.
Determine the applicants who successfully pass examinations.
License and certify qualified applicants.
Adopt rules concerning the competent practice of physical therapy to the board.
Adopt rules establishing standards for the competent practice of physical therapy.
Adopt rules concerning a continuing competency requirement for the renewal of a license for a physical therapist and a certificate for a physical therapist assistant.

The Indiana Board of Physical Therapy is sometimes confused with the Indiana Chapter of the APTA. They are two separate entities and have different roles in Indiana.

As mentioned earlier, the mission of the Indiana Board is to protect the public. The mission of the Indiana Chapter of the APTA is to maximize the lifelong health, function, and well-being of people in Indiana and advance the practice of physical therapy through advocacy, collaboration, and education.

The Indiana Board of Physical Therapy posts committee minutes and agendas, which include disciplinary actions, on their website. These are public documents.

Obtaining Licensure 25-27-1-6 through 25-27- 1-6.4

In these sections, rules for obtaining a license or certificate for those educated inside and outside of the United States are included.

Every applicant for a license as a physical therapist or certification as a physical therapist assistant must present evidence that there is no conviction for a crime that will directly affect the applicant's ability to practice competently and he or she has not had disciplinary action initiated by the licensing agency of another state or jurisdiction on the grounds that the applicant was unable to practice as a physical therapist or physical therapist assistant without endangering the public.

The applicant has 15 days to appeal the board's decision to deny licensure or certification after the applicant receives the notification of the board's decision. An administrative hearing will be set after receiving the appeal by the board.

An applicant for a license as a physical therapist or a certification as a physical therapist assistant must do the following:

Complete the application, including payment of any fees
Submit proof of graduation from the appropriate professional education program (physical therapist or physical therapist assistant) accredited by a national accreditation agency approved by the board.
Pass an examination by the board
Submit to a national criminal history background check and meet any other requirements established by the board.

Educated Outside the United States

An applicant for a license as a physical therapist or physical therapist assistant who has been educated outside the United States must do all of the above plus the following:

Provide satisfactory evidence that the applicant's education is substantially equivalent to the education of a physical therapist or physical therapist assistant educated in an accredited entry-level program as determined by the board by any of the following:
- Providing evidence of graduation outside the United States from a professional education program accredited by the same accrediting agency that the board approves for programs within the United States.
- Do the following:
  - Provide evidence of graduation from a physical therapist or physical therapist assistant education program that prepares the applicant to engage in physical therapy without restriction.
  - Provide evidence that the applicant's school is recognized by its own ministry of education.
  - Undergo a credentials evaluation as directed by the board to determine if the candidate meets uniform criteria for educational requirements established.
Complete any additional education required by the board.
Pass a board-approved English proficiency examination if the applicant's native language is not English.
Complete supervised clinical practice with a restricted license if required by rule

Examination/Reexamination; Examination Security 25-27-1-7

To sit for the examination, the applicant must meet the standards of the testing company or national organization employed to administer the examination and the requirements adopted. The board may employ a testing company or a national organization to administer the examination within Indiana.

The physical therapist examination must test the applicant's entry-level competence in physical therapy theory, examination and evaluation, diagnosis, prognosis, treatment intervention, prevention, and consultation.

The physical therapist assistant examination must test the applicant's requisite knowledge and skills in the technical application of physical therapy services.

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 times.

An applicant for licensure or certification must agree to abide by any security and copyright provisions related to the examination. If the board determines that an applicant has violated the agreement or engaged in or attempted to engage in any other conduct that subverts or undermines the integrity of the examination process or validity of examination results, the board may disqualify the applicant from taking or retaking the examination. The disqualification by the board may be permanent or for a specified period of time. A determination by the board may be appealed. The board will report any violation of security and copyright related to the examination or subversion or attempts to subvert the national examination to the Federation of State Boards of Physical Therapy.

Issuance of license; Renewal; Reinstatement; Temporary Nonrenewable Permit; Retirement From Practice 25-27-1-8

Issuance. The board will license a physical therapist or certify a physical therapist assistant who successfully passes the examination and is qualified as determined by the chapter.

Renewal. Licenses or Certificates issued by the board expire on June 30 of even-numbered years specified by the Indiana professional licensing agency. A renewal fee that is set by the board must be paid biennially on or before the date determined by the Indiana professional licensing agency. If the fee is not paid by that date, the license or certificate is automatically invalid without action by the board. The board sets up a reinstatement fee.

Reinstatement. An expired license or certificate can be reinstated up to three years after the original expiration date if the penalty fee (set by the board) is paid, renewal fees for the biennium are paid, and the individual demonstrated evidence of continuing competence.

If a license or certificate has been expired for longer than three years, the holder may be reexamined by the board. The board may adopt rules setting requirements for reinstatement of an expired license or certificate and are subject to change. Currently, those rules are on the website and include a reinstatement fee, a completed reinstatement document (which is on the website to download), a letter of work history detailing employment since your Indiana license expired, verification of any other state license held, and proof of continuing education totaling 22 hours with 2 hours in ethics and Indiana jurisprudence. These hours must have been obtained within the last 24 months.

Permit. The board will not issue more than two temporary permits to a physical therapist or physical therapist assistant. A person holding a temporary permit may practice physical therapy only under the onsite supervision of a licensed physical therapist who is responsible for the patient.

The board will issue a temporary permit to any person once they pay the fee set by the board and the following have been met:

have a valid license to practice as a physical therapist from another state or a valid certificate from another state to practice physical therapist assistant OR
has been approved by the board to take the examination for PT licensure or PTA certification has not failed the examination previously in any state, and has graduated from a physical therapy school or a two-year college education program for physical therapist assistants that meet the standards set by the board. The applicant must take the examination within the time limits set by the board.

A temporary permit expires when the applicant becomes licensed or certified, or approved for endorsement licensing or certification by the board, or when the application for licensure has been disapproved, whichever occurs first. An application for licensure or certification is disapproved and any temporary permit based upon the application expires when the applicant fails to take the examination within the time limits set by the board or when the board receives the notification of the applicant's failure to pass any required examination in Indiana or any other state.

Retirement. A holder of a license or certificate who wishes to retire from practice is to notify the board in writing. Upon receipt of the notice, the board will make a record that the license or certificate holder is retired and release the person from further payment of renewal fees.

If a license or certificate has been retired but the holder wishes to have it reinstated, they must submit a written request to the board. The board has the authority to establish any conditions it deems appropriate for the surrender or reinstatement of a surrendered license or certificate. Additionally, if there are any disciplinary proceedings pending against the holder of a license or certificate under this chapter, they cannot surrender their license or certificate to the board without the board's written consent.

Foreign applicants; license or certificate by endorsement; fee 25-27-1-9

The board may register and furnish a license to or certify by endorsement any applicant who presents evidence satisfactory to the board of being duly licensed to practice physical therapy or to act as a physical therapist assistant in another state if the applicant is otherwise qualified as required in section 6 of this chapter. However, the board shall register and furnish a license or certificate by endorsement to any applicant who is licensed to practice physical therapy or to act as a physical therapist assistant in another state if:

the applicant is qualified under sections 6
has successfully passed a licensure examination in another state equal to or exceeding the examination standards of Indiana
paid a fee determined by the board

The board may license a physical therapist or certify as a physical therapist assistant any person who has graduated as a physical therapist or physical therapist assistant, whichever is appropriate, in a foreign country from an educational program approved by the board if the applicant has successfully passed the physical therapy licensure or physical therapist assistant certification examination, paid a fee determined by the board and presents satisfactory evidence to the board that the applicant :

does not have a conviction for
- an act that would constitute a ground for disciplinary sanction or
- a crime that has a direct bearing on the applicant's ability to practice competently and
- has not been the subject of a disciplinary action initiated by the licensing agency of another state or jurisdiction on the grounds that the applicant was unable to practice as a physical therapist or physical therapist assistant without endangering the public

25-27-1-13 Physical Therapist Duties; Supervision

A physical therapist is responsible for managing all aspects of the physical therapy care of each patient. A physical therapist's role is the following:

Perform the initial evaluation, determination of a physical therapy diagnosis, prognosis, plan of treatment intervention, and documentation of each encounter with each patient.
Periodic re-evaluation and documentation of each patient
Complete the documented discharge of the patient, including the patient's response to treatment intervention at the time of discharge.
Provide all treatment interventions for the patient that require a physical therapist's education, skills, and knowledge.
Determine the appropriate use of physical therapist assistants for safe, effective, and efficient patient care.
Assure the qualifications of all physical therapist assistants and physical therapy aides under the physical therapist's direction and supervision.

Supervision. A physical therapist assistant works under a physical therapist's supervision. A physical therapist assistant documents the care that the physical therapist assistant provides.

A physical therapist may use physical therapy aides for designated tasks. A physical therapy aide works under the direct supervision of a physical therapist. Tasks related to patient services must be assigned to a physical therapy aide by a physical therapist or physical therapist assistant.

Documentation and Billing 27-1-14

A physical therapist is responsible for accurately documenting and billing for the services they provide. Similarly, a physical therapist assistant is responsible for accurately documenting and billing for the services they provide.

Physical Therapy Plan of Care 25-27-1-15

A physical therapist will communicate the physical therapy plan of care with the patient or the patient's legally authorized representative.

Confidentiality; Exceptions 25-27-1-17

Information regarding the physical therapist/therapist assistant-patient relationship is confidential. It may not be disclosed to a third party not involved in the patient's care unless required by law or with the patient's written authorization.

License and Certificate Display and Verification 25-27-1-18

Every physical therapist and physical therapist assistant must prominently display a copy of their license or certificate in a publicly accessible location. They should also be capable of providing a copy of the license or certificate upon request or informing a patient of how to verify their license or certificate online.

Chapter 2. Physical Therapy Licensure Compact

Purpose/Objective 25-27-2-1

The purpose of this compact is to facilitate the interstate practice of physical therapy and improve public access to physical therapy services. The practice of physical therapy occurs in the state where the patient or client is located at the time of the patient or client encounter. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.

The compact became fully implemented in Indiana on April 20, 2023.

This Compact is designed to achieve the following objectives:

Increase public access to physical therapy services by providing for the mutual recognition of other member state licenses
Enhance the states' ability to protect the public's health and safety;
Encourage the cooperation of member states in regulating multi-state physical therapy practice;
Support spouses of relocating military members;
Enhance the exchange of licensure, investigative, and disciplinary information between member states and
Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state's practice standards.

Definitions 25-27-2-2

As mentioned earlier, definitions give us a common framework to begin a discussion on a particular topic or issue. Please review the definitions provided by the compact, as these are used in the discussion of the compact and may help understand the language in the upcoming areas.

"Active Duty Military" means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapter 1209 and 10 U.S.C. Chapter 1211.
"Adverse Action" means disciplinary action taken by a physical therapy licensing board based upon misconduct, unacceptable performance, or a combination of both.
"Alternative Program" means a nondisciplinary monitoring or practice remediation process approved by a physical therapy licensing board. This includes, but is not limited to, substance abuse issues.
"Compact privilege" means the authorization granted by a remote state to allow a licensee from another member state to practice as a physical therapist or work as a physical therapist assistant in the remote state under its laws and rules. The practice of physical therapy occurs in the member state where the patient or client is located at the time of the patient or client encounter.
"Data system" means a repository of information about licensees, including examination, licensure, investigative, compact privilege, and adverse action.
"Encumbered license" means a license that a physical therapy licensing board has limited in any way.
"Executive Board" means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission.
"Home state" means the member state that is the licensee's primary state of residence.
"Investigative information" means information, records, and documents received or generated by a physical therapy licensing board pursuant to an investigation.
"Member state" means a state that has enacted the Compact.
"Party state" means any member state where a licensee holds a current license or compact privilege or is applying for a license or compact privilege.
"Physical Therapy Compact Commission" or "Commission" means the national administrative body whose membership consists of all states that have enacted the Compact.
"Physical therapy licensing board" or "licensing board" means the agency of a state that is responsible for the licensing and regulation of physical therapists and physical therapist assistants.
"Remote state" means a member state other than the home state, where a licensee is exercising or seeking to exercise the compact privilege.
"Rule" means a regulation, principle, or directive promulgated by the Commission that has the force of law.
"State" means any state, commonwealth, district, or territory of the United States of America that regulates the practice of physical therapy.

State Participation in Compact 25-27-2-3

To participate fully in the compact, the state must:

Participate fully in the Compact Commission's Data Base
Have a mechanism in place for receiving and investigating complaints about licensees
Notify the commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of investigatory information regarding a licensee
Utilize the NPTE
Comply with the rules of the Commission
Have continuing competence requirements as a condition for license renewal
Establish a criminal background check requirement within a timeframe determined by regulation. This involves obtaining the results of a criminal background check from the Federal Bureau of Investigation and utilizing these results to inform licensure decisions.
Have the authority to obtain biometric-based information from each physical therapy licensure applicant and submit this information to the Federal Bureau of Investigation for a criminal background check

Compact Privilege 25-27-2-4

(a)To utilize compact privilege under the terms of the Compact, the licensee is to do the following:

hold a license in the home state
have no encumbrance on any state license
be eligible for a compact privilege in any member state in accordance with subsections (d), (g), and (h);
have not had any adverse action against any license or compact privilege within the previous two years
notify the Commission that the licensee is seeking the compact privilege within a remote state(s);
pay any applicable fees, including any state fee, for the compact privilege;
meet any jurisprudence requirements established by the remote state(s) in which the licensee is seeking a compact privilege; and
report to the Commission adverse action taken by any non-member state within thirty (30) days from the date the adverse action is taken.

(b) The compact privilege is valid until the expiration date of the home license. The licensee must comply with the requirements of subsection (a) to maintain the compact privilege in the remote state.

(c) A licensee providing physical therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.

(d) A licensee providing physical therapy in a remote state is subject to that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, remove a licensee's compact privilege in the remote state for a specific period of time, impose fines, and take any other necessary actions to protect the health and safety of its citizens. The licensee is not eligible for a compact privilege in any state until the specific time for removal has passed and all fines are paid.

(e) If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur:

The home state license is no longer encumbered and
Two years have elapsed since the date of the adverse action.

(f) Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of subsection (a) to obtain a compact privilege in any remote state.

(g) If a licensee's compact privilege in any remote state is removed, the individual shall lose the compact privilege in any remote state until the following occur:

the specific period for which the compact privilege was removed has ended;
all fines have been paid, and
Two years have elapsed since the date of the adverse action.

(h) Once the requirements of subsection (g) have been met, the licensee must meet the requirements in subsection (a) of this chapter to obtain a compact privilege in a remote state.

Active Duty Military Personnel and Spouses 25-27-2-5

A licensee who is active duty military or is the spouse of an individual who is active duty military may designate one of the following as the home state:

home of record
permanent change of station (PCS) or
state of current residence if it is different than the PCS state or home of record.

Adverse Actions 25-27-2-6

Home state. A home state shall have exclusive power to impose adverse action against a license issued by the home state.

A home state may take adverse action based on the investigative information of a remote state so long as the home state follows its own procedures for imposing adverse action.

Member state. Nothing in this Compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain nonpublic if required by the member state's laws. Member states must require licensees who enter any alternative programs in lieu of discipline to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state.

Any member state may investigate actual or alleged violations of the statutes and rules authorizing the practice of physical therapy in any other member state in which a physical therapist or physical therapist assistant holds a license or compact privilege.

Remote state. A remote state shall have the authority to:

Take adverse actions against a licensee's compact privilege in the state;
Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as the production of evidence. Subpoenas issued by a physical therapy licensing board in a party state for the attendance and testimony of witnesses and the production of evidence from another party state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses and evidence are located and
If otherwise permitted by state law, recover from the licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee.

Joint Investigations.

In addition to the authority granted to a member state by its respective physical therapy practice act or other applicable state law, a member state may participate with other member states in joint investigations of licensees.
Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.

Establishment of Physical Therapy Compact Commission 25-27-2-7

The Compact member states established a joint public agency known as the Physical Therapy Compact Commission. Each member state shall have and be limited to one delegate selected by that member state's licensing board. The delegate is to be a current member of the licensing board and one of the following: physical therapist, physical therapist assistant, public member, or the board administrator.

Meetings and Voting. Any delegate may be removed or suspended from office as provided by the state law from which the delegate is appointed. The member state board shall fill any vacancy occurring in the Commission. Each delegate shall be entitled to one vote with regard to the rules and creation of bylaws, as well as the opportunity to participate in the business and affairs of the Commission. A delegate shall vote in person or by means as provided in the bylaws. Meetings may also be attended remotely. Meetings are held annually, and additional can be set up according to the bylaws.

Duties of the Compact Commission.

Establish bylaws
Promulgate rules
Establish budget, maintain financial records, borrow money
Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed
Accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety and conflict of interest
Elect executive board
Terminate a state from the compact
Establish committees and task forces
Purchase and maintain insurance and bonds
Provide and receive information from, and cooperate with, law enforcement agencies
Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and to establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters

Executive Board. Elected by the Compact Commission and the Executive Board and has the power to act on behalf of the Commission. Meet annually or more often if necessary.

There are nine members.
- Seven elected from the membership of the Commission
- One from FSBPT and one from APTA. Both are non-voting, ex officio members of the commission

Duties of the Executive Board.

Recommend to the entire Commission changes to the rules or bylaws, changes to this Compact legislation, fees paid by Compact member states such as annual dues, and any commission Compact fee charged to licensees for the compact privilege.
Prepare and recommend the budget
Maintain financial records on behalf of the Commission
Monitor Compact compliance of member states and provide compliance reports to the Commission
Establish other committees as necessary
Ensure Compact administration services are appropriately provided

Data System; Requirements for Submitting Data 25-27-2-8

The commission provides a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states. The Commission will notify all member states of any adverse action taken against a licensee or an individual applying for a license, and adverse action information pertaining to a licensee in any member state will be available to any other member state.

Indiana Professional Licensing Agency

The Indiana Professional Licensing Agency can be found at this web address: https://www.in.gov/pla/. The Indiana Professional Licensing Agency has many duties and functions for at least forty professions in Indiana. The Indiana Professional Licensing Agency is responsible for performing the administrative functions, duties, and responsibilities on behalf of the Indiana Board of Physical Therapy. It is the central location and agency for the initial and renewal of licensure. On this website, you can renew your license, search and verify licenses, order and print licenses, receive a digital certification of licenses, download license files, view any license litigation, update your address, track your application, and file a complaint.

TITLE 842 Indiana Board Of Physical Therapy Article 1. Physical Therapists and Physical Therapist Assistants

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

Some of these terms mentioned in the code are also in the practice act and will not be mentioned again here.

"Bureau" refers to the Health Professions Bureau.

"Committee" refers to the Indiana physical therapy committee

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

"Direct supervision" means that the supervising physical therapist or physician 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's assistant or 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 or physician is on the premises to provide constant supervision, the holder of a temporary permit shall meet with the physical therapist or physician at least once each working day to review all patients' treatments. This meeting must include the actual presence of the physical therapist or physician and the holder of a temporary permit. The patient's care shall always be the responsibility of the supervising physical therapist or physician. Reports written by the holder of a temporary permit for inclusion in the patients' record shall be countersigned by the physical therapist or physician who may enter any remarks, revisions, or additions as the physical therapist or physician deems appropriate.

With respect to the supervision of physical therapist's assistants under IC 25-27-1-2(c), unless the supervising physical therapist or physician is on the premises to provide constant supervision, the physical therapist's assistant shall consult with the supervising physical therapist or physician at least once each working day to review all patients' treatments. The supervising physical therapist or physician shall examine each patient not less than:

every fourteen days for inpatients in either a hospital or comprehensive rehabilitation facility;
the earlier of every ninety days or six physical therapy visits for patients in a facility for the mentally retarded and developmentally disabled and school system patients; and the earlier of every thirty days or every fifteen physical therapy visits for all other patients to review the patient's treatment and progress.

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

"Physical therapist's assistant" means a person who is registered by the committee to assist in the practice of physical therapy under the direct supervision of a licensed physical therapist or under the direct supervision of a physician by performing those assigned physical therapy procedures identified in subsection (i)(3), but not those specified in subsection (i)(1) or (i)(2).

(i) "Physical therapy" 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 based on test findings and within the orders of a referring practitioner licensed to practice medicine, osteopathic medicine, dentistry, podiatry, or chiropractic.

(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.

"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 committee.

"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.

Mandatory Registration; Renewal 842 IAC 1-4-1

Every licensed physical therapist and certificate-holding physical therapist assistant is to renew on or before July 1 of each even-numbered year. A licensee's failure to receive notification of upcoming renewal due to failure to notify the board, committee, or licensing committee of a change of address does not excuse the licensee or certificate holder from renewing.

Address; Change of Name 842 IAC 1-4-2

If you change your name, address, or phone number, you are responsible for providing the Indiana Board of Physical Therapy with a current address, telephone number, and name change within 30 days of the change. It is also recommended to update your email with the Indiana Professional Licensing Agency, as that is how you will receive your renewal notice if you have an email on file.

Continuing Competency Requirements 842 IAC 1-7-1 and License or Certification Period; Number of Hours Required 842 IAC 1-7-3

Twenty-two hours of continuing competency activities are required for the biennial renewal period. 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. 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, and two of those hours must be in ethics and Indiana jurisprudence course as it relates to the practice of physical therapy in the state of Indiana.
Continuing competency hours must be obtained within the biennial renewal period and cannot be carried over from one renewal period to another. No continuing competency activity is required when a license or certification is valid for less than twelve months. If the license or certification is valid for twelve to twenty-three months, twelve hours of continuing competency activities are required for renewal, which shall include the two hours of an ethics and Indiana jurisprudence course as it relates to the practice of physical therapy.

Responsibilities of licensees 842 IAC 1-7-2

Certify completion of continuing competency activities required by this rule at the time of license or certification renewal.
Retain verification of completion of continuing competency activities three years after the last renewal date.
Present proof of completion of continuing competency activities at the committee's request in a format that is verifiable by the committee.

Category I Continuing Competency Activities and Category II Continuing Competency Activities Defined 842 IAC 1-7-4

Category 1. continuing competency activities includes the following and must be at least one contact hour in length and be relevant to the practice of physical therapy:

Formally organized courses
Workshops
Seminars
Symposia
Home study programs, including approved computer, audio, and video instructional programs, designed by committee-approved organizations and subject to committee verification and approval procedures.
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.

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

One semester hour equals fifteen (15) contact hours.
One-quarter hour equals ten (10) contact hours.
One trimester hour equals twelve and one-half (12.5) hours.

Category 2. Continuing competency activities include the following:

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 hours per biennium.
The following conversion will be used for continuing competency credit:
- Ten hours for each refereed article.
- Three hours for each nonrefereed article, abstract of published literature or book review.
- Eight hours for each published textbook chapter.
- Five hours for each poster or platform presentation or review article.
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.
Participation as a presenter in an approved workshop, continuing education course, seminar, or symposium. Two contact hours for each one hour of presentation for the first event, with a maximum of ten hours per biennium.
Supervision of physical therapist students or physical therapist's assistant students from accredited programs in full-time clinical internships or residency programs. One contact hour for every forty hours of supervision with a maximum of ten contact hours per biennium.
In-house or in-service seminars related to the practice of physical therapy. One credit hour for each hour of in-service. Maximum of four hours per biennium. Documentation shall consist of a description of the topic, date, duration, and the name of the presenter.
Actively participating with professional organizations related to the practice of physical therapy, with one credit hour for each six months service as an officer, delegate, or committee member, for a maximum of six hours per biennium.
Certification of clinical specialization by the American Board of Physical Therapy Specialties (ABPTS) or another organization approved by the Indiana physical therapy committee: ten hours maximum per biennium. Credit may be awarded only in the year that certification or recertification is obtained.
Certificate of Advanced Proficiency for the PTA by the APTA: five hours maximum per biennium to be awarded. Credit may be awarded only in the year that certification or recertification is obtained.
Attendance at INAPTA state or district meetings that are at least one hour in length, for a maximum of one hour per meeting, for a maximum of four hours per biennium.
Other scholarly or educational, or both, activities related to the practice or management of physical therapy and not described above, with approval from the committee.

Standards of professional conduct and competent practice 844 IAC 6-7-2

All practitioners licensed in Indiana shall be responsible for having knowledge of these standards of conduct and practice

Remuneration for Service. 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. A practitioner shall not enter into an agreement for, charge, or collect an illegal or clearly excessive fee. Factors that are to be considered in determining the reasonableness of a fee include (not all-inclusive):

Difficulty or uniqueness, or both, of the services,performed and the time, skill, and experience required
Fee customarily charged in the locality for similar practitioner services
Amount of the charges involved
Quality of performance
Nature and length of the professional relationship with the patient
Experience, reputation, and ability of the practitioner in performing the kind of services involved

A practitioner shall not pay, demand, or receive compensation for the referral of a patient except for a patient referral program operated by a professional society or association. A practitioner shall not base his fee upon the uncertain outcome of a contingency, whether such contingency is the outcome of litigation or any other occurrence or condition that may happen.

Advertisement. Physical therapy services may be advertised through the public media if the advertisement is dignified and is confined to the existence, scope, nature, and field of practice of physical therapy. If the advertisement is by radio, cable, or TV, it needs to be prerecorded and approved for broadcast by the practitioner, and a recording and transcript of the actual transmission is to be retained for a period of 5 years from the last broadcast date. Cannot use any form of public communication containing a false, fraudulent, misleading, deceptive, or unfair statement by either the practitioner or specific health care provider affiliated with the practitioner.

Patient Care. The practitioner is to maintain patient confidentiality of all knowledge and information regarding the patient. Confidentiality includes the patient's diagnosis, treatment, and prognosis unless required by law or when authorized by the patient or those responsible for the patient’s care. The practitioner is to 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, unless that information is detrimental to the physical or mental health of the patient or those responsible for the patient's care.

Never abandon a patient. Give reasonable written notice to both the patient and the referring provider when withdrawing from a case so that another referral may be made. Unless in an emergency circumstance, if withdrawing from a case, comply with a patient’s written request for health records.

Exercise reasonable care and diligence in the treatment of patients based upon generally accepted scientific principles, methods, treatments, and current professional theory and practice.

A practitioner shall maintain adequate patient records

Disciplinary Action. A practitioner shall not:

Engage in sexual misconduct, including making sexual advances, requesting sexual favors, and engaging in verbal conduct or physical contact of a sexual nature with patients, clients, or coworkers.
Engage in the performance of substandard care due to a deliberate or negligent act or failure to act (regardless of whether there was an actual injury to the patient).
Practice as a physical therapist or work as a physical therapist's assistant when physical or mental abilities are impaired by the use of controlled substances, other habit-forming drugs, chemicals, or alcohol.
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 the Indiana Code.
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.
Have a felony conviction, 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.
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.
Aid or abet a person not licensed or certified in this state who directly or indirectly performs activities requiring a license or certificate.

Discontinuing/Leaving a Practice.

If retiring, discontinuing the practice of physical therapy, or leaving or moving from a community, a practitioner:

Shall not sell, convey, or transfer patient records to any other practitioner for anything of value
Must notify all of his/her active patients in writing or by publication once a week for 3 consecutive weeks in a community newspaper that he/she intends to discontinue his/her physical therapy practice in the community and shall notify the referral source of each active patient.
Make reasonable arrangements with his/her active patients for the transfer of records or copies to the referring provider who shall make the records/copies available to the next practitioner or to a program conducted by a professional society or association. The term "active patient" applies and refers to a person whom the practitioner has examined, treated, cared for, or consulted with during two year period prior to retirement, discontinuation of the practice of physical therapy, or leaving or moving from a community.

Scope of Practice Rulings

Scope of Practice Rulings are also found on the resources page of the Indiana Professional Licensing Agency.

The Indiana Physical Therapy Board recently issued Practice Ruling #2023-12-1, dated February 12, 2024, addressing the issue of dry needling services provided by physical therapists.

The Board's regulations require physical therapists to complete at least 50 hours of specialized education in dry needling before they can provide those services to patients. This education requirement goes into effect on June 30, 2024.

The ruling clarifies that physical therapists must have the proper knowledge, skills, and competence to perform dry needling. They must complete the 50-hour educational program, with at least 40 hours being in-person training. Physical therapists must be able to provide documentation of their qualifications upon request by the Board.

Importantly, the ruling states that the regulations prohibit physical therapists from delegating dry-needling services to other practitioners, including physical therapy assistants, even if they are under the direct supervision of a qualified physical therapist. Physical therapists can only provide dry needling services themselves if they have completed the required 50-hour educational program. They cannot allow other physical therapists who have not completed the training to perform dry needling under their supervision.

That completes our review of the Indiana jurisprudence for physical therapists and assistants.

Kelly, C. (2024, March). Indiana Jurisprudence. PhysicalTherapy.com, Article 4824. Retrieved from: https://www.physicaltherapy.com

Indiana Jurisprudence

Calista Kelly, PT, DPT, ACEEAA, Cert. MDT

Learning Outcomes

Introduction

Statutes

Indiana Physical Therapy Practice Act and The Indiana Administrative Code

Title 25, Article 1 General Provisions

Title 25, 1 Evidence of License Applicant's Payment of Personal Property Taxes Required

Title 25, 1.1. Effect of Criminal Convictions on Licensed or Registered Persons

Title 25-1-1.1-2 Suspension, Denial, or Revocation of a License or Certificate for Specified Convictions

Title 25-1-1.1-3 Suspension or Revocation of License or Certificate; Conviction for Additional Drug Related Offenses

Title 25-1-1.1-4 National Criminal History Background Check for Certain Licenses and Certificates; Release of Background Results; Random Audit

Title 25-1-1.1-5 Memorandum of Understanding for Data Exchange; Use of Personal Information

Title 25-1-1.1-6 Explicit List of Disqualifying Crimes Required; Use of Conviction; Criteria for Evaluating Applicant's Criminal History; Petition to Determine Whether Criminal Conviction Disqualifying

Title 25-1-1.2-8 Notice of Probationary Status for Failure to Pay Child Support; Suspension; Reinstatement

Title 25-1-4 Chapter 4 Continuing Education

Title 25 Article 1 Chapter 5 Indiana Professional Licensing Agency

Title 25 Article 27 Physical Therapists, Chapter 1 Regulation of Physical Therapists

Definitions Title 25, Article 27-1-1

Unlawful Practices, Providing Mandated School Services 25-27-1-2

Evaluations and Treatment Without a Referral; Exceptions; Testing Certification 27-1-2.5

Practice of Certain Occupations or Professions and First Aid Not Prohibited 27-1-3.1

Exempt Persons 27-1-3.3

Sharp Debridement Referral 25-27-1-3.5

Indiana Board of Physical Therapy 27-1-4

Determination of Qualifications; Administration of Examinations; Standards for Competent Practice 25-27-1-5

Obtaining Licensure 25-27-1-6 through 25-27- 1-6.4

Examination/Reexamination; Examination Security 25-27-1-7

Issuance of license; Renewal; Reinstatement; Temporary Nonrenewable Permit; Retirement From Practice 25-27-1-8

Foreign applicants; license or certificate by endorsement; fee 25-27-1-9

25-27-1-13 Physical Therapist Duties; Supervision

Documentation and Billing 27-1-14

Physical Therapy Plan of Care 25-27-1-15

Confidentiality; Exceptions 25-27-1-17

License and Certificate Display and Verification 25-27-1-18

Chapter 2. Physical Therapy Licensure Compact

Purpose/Objective 25-27-2-1

Definitions 25-27-2-2

State Participation in Compact 25-27-2-3

Compact Privilege 25-27-2-4

Active Duty Military Personnel and Spouses 25-27-2-5

Adverse Actions 25-27-2-6

Establishment of Physical Therapy Compact Commission 25-27-2-7

Data System; Requirements for Submitting Data 25-27-2-8

Indiana Professional Licensing Agency

TITLE 842 Indiana Board Of Physical Therapy Article 1. Physical Therapists and Physical Therapist Assistants

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

Mandatory Registration; Renewal 842 IAC 1-4-1

Address; Change of Name 842 IAC 1-4-2

Continuing Competency Requirements 842 IAC 1-7-1 and License or Certification Period; Number of Hours Required 842 IAC 1-7-3

Responsibilities of licensees 842 IAC 1-7-2

Category I Continuing Competency Activities and Category II Continuing Competency Activities Defined 842 IAC 1-7-4

Standards of professional conduct and competent practice 844 IAC 6-7-2

Scope of Practice Rulings

Calista Kelly, PT, DPT, ACEEAA, Cert. MDT

Related Courses

Jurisprudence for the Wisconsin Physical Therapist and Physical Therapist Assistant

Course: #4638Level: Intermediate1 Hour

Tennessee Jurisprudence

Course: #4559Level: Introductory2 Hours

Alabama Jurisprudence

Course: #3796Level: Intermediate2 Hours

Ethics and Jurisprudence for the Indiana Physical Therapist and Physical Therapist Assistant

Course: #4574Level: Intermediate2 Hours

Supervising Assistants, Students, and Aides: Upholding Your Ethics in a Challenging Health Care Environment

Course: #4377Level: Intermediate2 Hours