Notice of Proposed Changes in the Regulations of the Alaska State Physical Therapy and Occupational Therapy Board
Brief Description: The State Physical Therapy and Occupational Therapy Board proposes to amend various regulations to update terminology in accordance with recent statute changes.
The State Physical Therapy and Occupational Therapy Board proposes to adopt regulation changes in Title 12 Chapter 54 of the Alaska Administrative Code, dealing with application requirements for foreign-educated physical therapists, physical therapist assistants, occupational therapists, and occupational therapy assistants, and implementing statutory changes to AS 08.84 under 1 Chapter 66, SLA 2022 (HB99) including the following:
1. 12 AAC 54.030. Requirements for Physical Therapy License by Examination, is proposed to amend the regulation and replace the term “physical therapy assistant” with “physical therapist assistant” to be in compliance with HB 99 (2022).
2. 12 AAC 54.040 - Foreign-educated Physical Therapy Applicants, is proposed to repeal and readopt the regulation to update the board approved accreditation agencies, replace the term “foreign-trained” with “foreign-educated” to be in compliance with HB 99 (2022), and simplify English language requirements.
3. 12 AAC 54.050 - Physical Therapist Temporary Permits and Scope of Practice under those permits, is proposed to amend the regulation and replace the term “physical therapy assistant” with “physical therapist assistant” to be in compliance with HB 99 (2022), and repeal reference to testing verification for English language proficiency as a redundant requirement.
4. 12 AAC 54.070 – Supervised field work, is a proposed new regulation to clarify statutory terminology “supervised field work” for physical therapists and physical therapist assistants as a required part of the CAPTE accredited educational programs to be in compliance with HB 99 (2022).
5. 12 AAC 54.100 - Application for licensure by credential, is proposed to amend the regulation and replace the term “physical therapy assistant” with “physical therapist assistant” to be in compliance with HB 99 (2022).
6. 12 AAC 54.110 - Foreign-trained applicants, is proposed to amend the regulation and replace the term “physical therapy assistant” with “physical therapist assistant” and replace the term “foreign-trained” with “foreign-educated” to be in compliance with HB 99 (2022). It is also proposed to repeal and readopt 12 AAC 54.110(6) to simplify the English Language proficiency requirements.
7. 12 AAC 54.120 - Military-trained therapy assistant, is proposed to amend the regulation and replace the term “physical therapy assistant” with “physical therapist assistant” to be in compliance with HB 99 (2022).
8. 12 AAC 54.400 - Physical therapy license renewal requirements, is proposed to amend the regulation and replace the term “physical therapy assistant” with “physical therapist assistant” to be in compliance with HB 99 (2022).
9. 12 AAC 54.405 Physical therapy continuing professional practice requirements and alternatives to those requirements, is proposed to amend the regulation and replace the term “physical therapy assistant” with “physical therapist assistant” to be in compliance with HB 99 (2022).
10. 12 AAC 54.410 Physical therapy continuing education requirements. is proposed to amend the regulation and replace the term “physical therapy assistant” with “physical therapist assistant” to be in compliance with HB 99 (2022).
11. 12 AAC 54.420 Approved physical therapy courses and activities is proposed to amend the regulation and replace the term “physical therapy assistant” with “physical therapist assistant” to be in compliance with HB 99 (2022).
12. 12 AAC 54.435 Exemption from continuing education requirements for active duty military service is proposed to amend the regulation and replace the term “physical therapy assistant” with “physical therapist assistant” to be in compliance with HB 99 (2022).
13. 12 AAC 54.500 Physical therapy standards is proposed to amend the regulation and replace the terms “physical therapy assistant” with “physical therapist assistant” and “foreign-trained” with “foreign-educated” to be in compliance with HB 99 (2022).
14. 12 AAC 54.510 Supervision of physical therapy assistants is proposed to amend the regulation and replace the term “physical therapy assistant” with “physical therapist assistant” to be in compliance with HB 99 (2022).
15. 12 AAC 54.520 Supervision of non-licensed personnel, is proposed to amend the regulation and replace the term “physical therapy assistant” with “physical therapist assistant” to be in compliance with HB 99 (2022).
16. 12 AAC 54.590 Definitions related to physical therapy, is proposed to amend the regulation and replace the term “physical therapy assistant” with “physical therapist assistant” to be in compliance with HB 99 (2022).
17. 12 AAC 54.610 - Foreign-trained occupational therapy applicants, is proposed to amend the regulation to update the requirements for educational programs to be accredited by ACOTE, and replace the term “foreign-trained” with “foreign-educated” to be in compliance with HB 99 (2022); also update application requirements to include the state jurisprudence exam.
18. 12 AAC 54.620 - Supervised field work, is a proposed to be updated to simplify the definition of supervised field work in reference to statute and the relevant parts of an educational program accredited by ACOTE (in accordance with HB 99 022); remove specific requirements for occupational therapists and occupational therapist assistants respectively.
19. 12 AAC 54.800 - Occupational therapy standards, is proposed to be updated to replace the term “foreign-trained” with “foreign-educated” to be in compliance with HB 99 (2022).
20. 12 AAC 54.915 Review of applications for temporary permit or limited permit, proposed to repeal subsections relating to internal forms to allow for administrative flexibility.
21. 12 AAC 54.990 – Definitions, is proposed to update with definitions of CAPTE and ACOTE to be in compliance with HB 99 (2022).
You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Alison Osborne, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK 99811-0806. Additionally, the Board will accept comments by facsimile at (907) 465-2974 and by electronic mail at RegulationsAndPublicComment@alaska.gov. Comments may also be submitted through the Alaska Online Public Notice System by accessing this notice on the system and using the comment link. The comments must be received not later than 4:30 p.m. on November 16, 2023. Comments received after this deadline will not be considered by the Board.
You may submit written questions relevant to the proposed action to Alison Osborne, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK 99811-0806 or by e-mail at RegulationsAndPublicComment@alaska.gov. The questions must be received at least 10 days before the end of the public comment period. The Board will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and on the Board’s website at https://www.commerce.alaska.gov/web/cbpl/ProfessionalLicensing/PhysicalTherapyOccupationalTherapy.aspx
If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Alison Osborne at (907) 465-6826 or RegulationsAndPublicComment@alaska.gov, no later than November 8, 2023, to ensure that any necessary accommodation can be provided.
A copy of the proposed regulation changes is available on the Alaska Online Public Notice System and by contacting Alison Osborne at (907) 465-6826 or RegulationsAndPublicComment@alaska.gov, or go to https://www.commerce.alaska.gov/web/portals/5/pub/PHY-0523.pdf.
After the public comment period ends, the Board will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulations may be different from that of the proposed regulations. You should comment during the time allowed if your interests could be affected.
Statutory Authority: AS 08.84.010; AS 08.84.100; AS 08.84.065; AS 08.84.075; AS 08.84.030; AS 08.84.150; AS 08.84.060; AS 08.84.032, and AS 08.84.120
Statutes Being Implemented, Interpreted, or Made Specific: AS 08.84.010; AS 08.84.100; AS 08.84.065; AS 08.84.075; AS 08.84.030; AS 08.84.150; AS 08.84.060; AS 08.84.032, and AS 08.84.120
Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation. For each occupation regulated under the Division of Corporations, Business and Professional Licensing, the Division keeps a list of individuals or organizations who are interested in the regulations of that occupation. Those on the list will automatically be sent a copy of the proposed change in an occupation's regulations in Title 12 of the Alaska Administrative Code. To be added to or removed from the list, send a request to the to the Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK 99811-0806, giving your name, and either your e-mail address or mailing address, as you prefer for receiving notices, and the occupational area in which you are interested.
Date: October 13, 2023
Prepared by: Alison Osborne, Regulations Specialist Division of Corporations, Business and Professional Licensing
ADDITIONAL REGULATION NOTICE INFORMATION (AS 44.62.190(d))
1. Adopting agency: Department of Commerce, Community, and Economic Development, Division of Corporations, Business and Professional Licensing; State Physical Therapy and Occupational Therapy Board.
2. General subject of regulation: update regulations dealing with application requirements for foreign-educated physical therapists, physical therapist assistants, occupational therapists, and occupational therapy assistants, and implementing statutory changes to AS 08.84 under
Chapter 66, SLA 2022 (HB99)
3. Citation of regulation:
12 AAC 54.040; 12 AAC 54.050; 12 AAC 54.100; 12 AAC 54.110; 12 AAC 54.120;
12 AAC 54.106; 12 AAC 54.400; 12 AAC 54.405; 12 AAC 54.410; 12 AAC 054.420;
12 AAC 54.435; 12 AAC 54.500; 12 AAC 54.510; 12 AAC 54.520; 12 AAC 54.590;
12 AAC 54.610; 12 AAC 54.620; 12 AAC 54.800; 12 AAC 54.915, and 12 AAC 54.990
4. Department of Law file number: 2023200395
5. Reason for the proposed action: Update and clarification of current regulations.
6. Appropriation/Allocation: Corporations, Business and Professional Licensing – #2360.
7. Estimated annual cost to comply with the proposed action to:
A private person: None known.
Another state agency: None known.
A municipality: None known.
8. Cost of implementation to the state agency and available funding (in thousands of dollars):
No costs are expected in FY 2024 or in subsequent years.
9. The name of the contact person for the regulation:
Sheri Ryan,
Occupational Licensing Examiner
Board of State Physical Therapy and Occupational Therapy Board
Division of Corporations, Business and Professional Licensing
Telephone: (907) 465-2580
E-mail: PhysicalandOccupationalTherapy@Alaska.Gov
10. The origin of the proposed action: Staff of state agency.
11. Date: October 13, 2023
Prepared by: Alison Osborne, Regulations Specialist