Learning Objectives
After this course, the participant will be able to:
- Explain how to access the most recent TN Physical Therapy Practice Act
- Identify at least two statutes that affect the practice of physical therapy in Tennessee
- Describe the role of regulations on the practice of physical therapy in Tennessee
- Explain the role of the attorney general in publishing opinions affecting the practice of physical therapy in Tennessee
- Describe the role of the Board of Physical Therapy in the practice of physical therapy in Tennessee
Introduction
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 Tennessee Board of Physical Therapy and the American Physical Therapy Association (APTA).
In Tennessee, physical therapists practice based upon the Physical Therapy Practice Act, which is a statute or a formal written enactment by a legislative body declaring, commanding, or prohibiting something. Read the Practice Act in its entirety and become familiar with it; this course today will only be an overview and touch on a few key highlights.
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.
Tennessee Physical Therapy Practice Act
The Tennessee Physical Therapy Practice Act is contained in Title 63, Chapter 13, Parts 1, 3, and 4 of the Tennessee Code Annotated. This chapter shall be known and may be cited as the Occupational and Physical Therapy Practice Act. When this Title was first enacted, it compiled both the Occupational and Physical Therapy Practice Acts, so there will be some overlap between our Physical Therapy Practice Act and the Occupational Therapy Practice Act.
The latest edition is available from the Tennessee Board of Physical Therapy here. As noted, the board may adopt new rules or amend existing ones between complete editions, and if so, it will also list those on its website.
The legislative purpose and intent of the Practice Act are “to protect the public health and safety and welfare and to provide the state administrative control and supervision over the practice of physical therapy and, of course, occupational therapy."
Physical Therapy Practice Act Part 1: Definitions
Definitions give us a common framework from which to begin a discussion on a particular topic or issue. These definitions are found in Title 63, Chapter 13, Part 1 (General Provisions) of the Tennessee Code.
63-13-103 (12) Onsite Supervision
The term onsite supervision means either the supervising physical therapist or supervision physical therapist assistant must:
(A) Be continuously onsite and present in the department or facility where assistive personnel are performing services;
(B) Available immediately to assist the person being supervised
(C) Be involved continuously in the appropriate aspects of the treatment session in which a component of treatment is delegated to the assistive personnel.
63-13-103(13): Physical Therapist
The definition of a physical therapist is a person who is licensed according to Title 63, Chapter 13 to practice physical therapy.
63-13-103(14): Physical Therapist Assistant
A physical therapist assistant (PTA) is a person who meets the requirements of this chapter for licensure as a physical therapist assistant and who performs physical therapy procedures and related tasks that have been selected and delegated only by the supervising physical therapist.
63-13-103(15): Physical Therapy
Physical therapy is treatment provided by or under the direction and supervision of a physical therapist who is licensed, according to Chapter 13.
63-13-103(16): Physical Therapy Assistive Personnel
(A) Other assistive personnel means other trained or educated healthcare personnel not defined as a PTA or physical therapy aide who perform specifically designated tasks related to physical therapy under the supervision of a physical therapist. At the discretion of the supervising physical therapist, and if properly credentialed and not prohibited by any other law, "other assistive or support personnel" may be identified by the title specific to their training or education.
(B) Physical therapy aide, inclusive of the terms "aide," "technician," and "transporter," means a person trained by and under the direction of a physical therapist who performs designated and supervised routine physical therapy tasks.
63-13-103(17): Practice of Physical Therapy means:
A) Examining, evaluating, and testing individuals with mechanical, physiological, and developmental impairments, functional limitations and disabilities, or other health and movement-related conditions to determine a physical therapy treatment, diagnosis, prognosis, a plan of therapeutic intervention and to assess the ongoing effect of an intervention.
B) Alleviating impairments and functional limitations by designing, implementing, and modifying therapeutic interventions that include, but are not limited to, therapeutic exercise, functional training, manual therapy, therapeutic massage, assistive and adaptive orthotic, prosthetic, protective and supportive equipment, airway clearance techniques, debridement and wound care, physical agents or modalities, dry needling, mechanical and electrotherapeutic modalities, and patient-related instruction.
C) Reducing the risk of injury, impairments, functional limitation, and disability, including the promotion and maintenance of fitness, health, and quality of life in all age populations, and
D) Engaging in administration, consultation, education, and research.
63-13-103 (18) Restricted Physical Therapist Assistant License
A license for which the committee has placed any restrictions due to action imposed by the committee.
63-13-103 (19) Restricted Physical Therapy License
A restricted physical therapy license is a license that the committee placed restrictions or conditions, or both, as to the scope of practice, place of practice, supervision of practice, duration of license status, or type of condition of the patient the licensee may provide services.
63-13-103(20): Supervision
The supervising physical therapist is to be readily available to the physical therapist assistant being supervised. When the physical therapist assistant is practicing in an off-site setting, the supervising physical therapist will be immediately accessible by telecommunications. Patient conferences will be regularly scheduled and documented, and supervisory visits will be made as further outlined in the rules and regulations.
63-13-104 Unauthorized Practice of Medicine-Scope of Practice
Physical Therapists are not allowed to practice medicine, osteopathy, podiatry, chiropractic, or nursing. The scope of physical therapy practice is under the referral of a licensed medical doctor, chiropractor, dentist, or doctor of podiatry or osteopathy. That referral may be a written or an oral referral. Exceptions are stated in 63-13-303. The scope of practice of physical therapy does not include interventions of direct thrust. A physical therapist or physical therapist assistant shall not move a joint of the patient's spine beyond its normal range of motion without exceeding the limits of anatomical integrity as an intervention.
