North Carolina Administrative Code

21 NCAC 48G .0106 Continuing Competence Requirement (a) For individuals licensed prior to January 1, 2009, during each reporting period thereafter, each physical therapist must accumulate 30 points, and each physical therapist assistant must accumulate 20 points of continuing com…

21 NCAC 48G .0107 STANDARDS FOR CONTINUING COMPETENCE ACTIVITIES The Board shall approve continuing competence activities which meet the following standards and provisions: (1) They have intellectual or practical content based on best available scientific evidence and the primary…

21 NCAC 48G .0108 APPROVAL of Providers and Activities (a) The Board shall approve a provider if it is satisfied that the provider's programs have met the standards set forth in Rule .0107 of this Section. (b) Once a provider is approved, the continuing competence activities offe…

21 NCAC 48G .0109 CONTINUING COMPETENCE ACTIVITIES (a) Continuing Education activities are eligible for points as follows: (1) A registered attendee at courses or conferences offered live in real time by approved providers earns one point for each contact hour. The maximum number…

21 NCAC 48G .0110 EVIDENCE OF COMPLIANCE (a) Each licensee shall submit a completed Continuing Competence Reporting Form with an application for license renewal. The form shall be found on the Board's website at http://www.ncptboard.org. (b) Licensees shall retain evidence of com…

21 NCAC 48G .0111 EXEMPTIONS (a) To qualify for an exemption from the rules in this Subchapter, a licensee must furnish the applicable information required on the Continuing Competence Compliance Form. (b) A member of the United States Armed Services is exempt pursuant to Rule. 0…

21 NCAC 48G .0112 COSTS (a) The Board shall not assess a fee for approval of continuing competence activities offered by approved providers. (b) The Board shall charge one hundred fifty dollars ($150.00) per activity to a non-approved provider seeking approval of a continuing com…

SECTION .0200 - LAPSED LICENSES 21 NCAC 48G .0201 DATE LICENSE LAPSES A license automatically lapses on February 1 of any year in which the renewal fee is not paid. History Note: Authority G.S. 90-270.99; Eff. February 1, 1976; Readopted Eff. September 30, 1977; Amended Eff. Octo…

21 NCAC 48G .0202 NOTIFICATION A licensee shall renew his or her license by January 31 close of business of each year. Any license not renewed by January 31 close of business shall lapse and the Board shall notify the licensee by written communication at the last known mailing or…

21 NCAC 48G .0203 REVIVAL OF LAPSED LICENSE (a) A license that has been lapsed less than one year may be revived by payment of the revival of lapsed license fee and the current year's renewal fee and by completion of the revival form. (b) A license that has lapsed more than one y…

21 ncac 48g .0204 RESTRICTED LICENSE An individual reinstating a lapsed license shall successfully demonstrate to the Board competency in the practice of physical therapy or shall serve an internship under a restricted license. A "restricted license" is one on which the Board pla…

21 NCAC 48G .0305 FINES History Note: Authority G.S. 90-270.26; 90-270.35; 90-270.36; Eff. October 28, 1979; Repealed Eff. March 15, 1980.

21 NCAC 48G .0306 CONDITIONS ON RENEWAL (a) The Board may refuse to renew the license of an individual who has been denied licensure in another jurisdiction for engaging in conduct that would also violate the North Carolina Physical Therapy Practice Act. (b) The Board may impose …

SECTION .0400 - PROBATION OR WARNING 21 ncac 48g .0401 GROUNDS FOR PROBATION The Board may place any licensee on probation for a period of time not greater than three years for engaging in conduct prohibited by G.S. 90-270.102 or G.S. 90-270.103 or 21 NCAC 48 when the Board deter…

21 NCAC 48G .0402 GROUNDS FOR WARNING The Board may issue a warning to any licensee who engages in conduct that might lead to the revocation or suspension of a license for the commission of acts prohibited by G.S. 90-270.102 or G.S. 90-270.103 or 21 NCAC 48. History Note: Authori…

21 NCAC 48G .0403 CONDITIONS FOR PROBATION OR WARNING The Board may require any licensee placed on probation and any licensee to whom a warning is issued to furnish the Board with a certified statement that the licensee will not engage in conduct prohibited by G.S. 90-270.102 or …

21 NCAC 48G .0404 NOTIFICATION AND HEARING Any licensee subject to being placed on probation or receiving a warning shall be notified by the Board of the alleged acts or conduct warranting the intended action. Upon request of the licensee, the licensee shall be granted an informa…

21 ncac 48g .0405 GROUNDS FOR REPRIMAND History Note: Authority G.S. 90-270.26; 90-270.35; 90-270.36; Eff. December 30, 1985; Amended Eff. August 1, 2002; Repealed Eff. July 1, 2013.

SECTION .0500 - CONTESTED CASE HEARINGS 21 NCAC 48G .0501 RIGHT TO HEARING When the Board acts or proposes to act, other than in rulemaking or declaratory ruling proceedings, in a manner which will affect the rights, duties, or privileges of a specific, identifiable person, such …

21 NCAC 48G .0502 REQUEST FOR HEARING (a) When a person believes that his or her rights, duties, or privileges have been substantially affected by the Board's action without notice of a right to a contested case hearing being provided, that person may file with the Board a formal…

21 NCAC 48G .0503 GRANTING OR DENYING HEARING REQUEST (a) The Board will grant a request for a hearing if it determines that the party requesting the hearing is a "person aggrieved" within the meaning of G.S. 150B-2(6). (b) The denial of a request for a hearing will be issued imm…

21 NCAC 48G .0504 COMPLAINTS AND INVESTIGATIONS (a) In order to file a complaint with the Board, the following information shall be submitted to the Board in writing, or by filing a complaint online at the Board's website www.ncptboard.org. (1) the name and address of person alle…

21 NCAC 48G .0505 NOTICE OF HEARING (a) The Board shall give the party or parties in a contested case a notice of hearing not less than 15 days before the hearing. Said notice shall contain the following information, in addition to the items specified in G.S. 150B-38(b): (1) the …

21 NCAC 48G .0506 WRITTEN RESPONSE TO THE NOTICE OF HEARING Any party served with a notice of hearing may file a written response. Such response shall be served on the Board by certified mail at the address specified in the notice of hearing. The written response must be mailed t…

21 NCAC 48G .0507 WHO SHALL HEAR CONTESTED CASES (a) All contested case hearings shall be conducted by the Board, a panel consisting of a majority of the members of the Board, or an administrative law judge designated to hear the case pursuant to G.S. 150B-40(e). (b) The Board ma…

21 NCAC 48G .0508 PRE-HEARING CONFERENCE (a) The Board may direct the parties to attend an informal pre-hearing conference, or the parties may request such a conference, at a time and place selected by mutual agreement. If the parties do not agree on the time and place for the pr…

21 NCAC 48G .0509 PETITION FOR INTERVENTION (a) A person desiring to intervene in a contested case shall file a written petition with the Board's office. The petition shall bear the notation: PETITION TO INTERVENE IN THE CASE OF (Name of Case). (b) The petition shall include the …

21 NCAC 48G .0510 TYPES OF INTERVENTION (a) Intervention of Right. A petition to intervene as a right, as provided in the North Carolina Rules of Civil Procedure, Rule 24, will be granted if the petitioner meets the criteria of that rule and the petition is timely. (b) Permissive…

21 NCAC 48G .0511 DISQUALIFICATION OF BOARD MEMBERS (a) Self-disqualification. No Board member shall discuss with any party the merits of any case pending before the Board. Any Board member who has direct knowledge about a case prior to the commencement of the proceeding shall di…

21 NCAC 48G .0512 SUBPOENAS (a) Requests for subpoenas for the attendance and testimony of witnesses or for the production of documents, either pursuant to an investigation, a Board proceeding, at a hearing, or for the purposes of discovery, shall be made in writing to the Board,…

21 NCAC 48G .0513 WITNESSES Any party may be a witness and may present witnesses on the party's behalf at the hearing. All oral testimony at the hearing shall be under oath or affirmation and shall be recorded. At the request of a party or upon the Board's own motion, the presidi…

21 NCAC 48G .0514 CONTINUANCES A request for a continuance shall be addressed to the Board, and shall be granted if in the Board's opinion it will promote the ends of justice. History Note: Authority G.S. 90-270.92; 150B.38; 150B-40; Eff. October 1, 1995; Pursuant to G.S. 150B-21…

21 NCAC 48G .0515 FINAL DECISION In all cases heard by the Board, the Board will issue its decision within 60 days after its next regularly scheduled meeting following the close of the hearing. This decision will be the prerequisite "final agency decision" for the right to judici…

21 NCAC 48G .0516 PROPOSALS FOR DECISION (a) When an administrative law judge conducts a hearing pursuant to G.S. 150B-40(e), a "proposal for decision" shall be served on all parties to the proceeding at their mailing address or upon their counsel of record. The parties may file …

21 NCAC 48G .0517 MODIFICATION OF DECISION (a) A person who has been disciplined by the Board may apply to the Board for modification of the discipline at any time after the effective date of the Board's decision imposing it; however, if any previous application has been made wit…

Section .0600 - DISCIPLINARY ACTION 21 NCAC 48G .0601 PROHIBITED ACTIONS (a) Behaviors and activities that may result in disciplinary action by the Board pursuant to G.S. 90-270.103(1), (6), (7), (8), and (9) and G.S. 90-270.102(4) include the following: (1) recording false or mi…

21 ncac 48g .0602 SANCTIONS; REAPPLICATION (a) The Board may, upon proof of a violation of G.S. 90-270.103 or the rules in this Chapter, impose any of the following sanctions: (1) issue a warning to a licensee; (2) place a licensee on probation; (3) suspend a license, the duratio…

SECTION .0700 – IMPAIRED LICENSEE 21 NCAC 48G .0701 DEFINITIONS (a) "Impairment" is a condition caused by substance abuse or mental illness that impacts a licensee's ability to provide physical therapy services. (b) "Participant" is a licensee enrolled in a Program designed to tr…

21 NCAC 48G .0702 PROGRAMS (a) Before participating in a Program, a licensee shall be referred to the Program by the Board. (b) If the Board does not offer a Program, it may make arrangements for licensees with impairments to participate in Programs administered by other North Ca…

21 NCAC 48G .0703 Information of Impairment (a) When information of suspected impairment of a licensee is received by the Board, the Board shall conduct an investigation and routine inquiries to determine the validity of the report prior to referring the licensee to a Program. (b…

21 NCAC 48G .0704 Confidentiality Information received by the Program shall remain confidential in accordance with the Program's policies and procedures. However, information received as a result of a Board referral shall be freely exchanged with the Board or its authorized agent…

21 NCAC 48G .0705 Reports Following an investigation, intervention, treatment, or upon receipt of a complaint or other information, a program participating with the Board pursuant to Rule .0702(b) of this Section shall report to the Board detailed information about any physical t…

21 NCAC 48G .0706 Program Standards Any Program receiving referrals of licensees from the Board shall be monitored on an annual basis to determine its ability to provide: (1) adequate staffing to supervise participants in the Program; (2) referrals for treatment to professionals,…

SUBCHAPTER 48H - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES SECTION .0100 - AVAILABILITY OF RULES 21 NCAC 48H .0101 DISTRIBUTION OF RULES History Note: Authority G.S. 90-270.26; Eff. February 1, 1976; Readopted Eff. September 30, 1977; Amended Eff. October 28, 1979; Repeale…

21 NCAC 48H .0102 INSPECTION OF RULES History Note: Authority G.S. 90-270.26; 150B-11; 150B-62; Eff. February 1, 1976; Readopted Eff. September 30, 1977; Amended Eff. February 1, 1996; May 1, 1988; Repealed Eff. July 1, 2013.

21 NCAC 48H .0103 ADOPTION OF MODEL ACT History Note: Authority G.S. 90-270.26; Eff. December 30, 1985; Repealed Eff. May 1, 1988.

21 NCAC 48H .0104 CONTESTED CASES History Note: Authority G.S. 150B-11; 150B-14(a)(b); 150B-38(h); Eff. May 1, 1988; Amended Eff. April 1, 1989; Repealed Eff. October 1, 1995.

SECTION .0700 - ADOPTION OF RULES 21 NCAC 48H .0701 PETITIONS (a) Any person wishing to submit a petition to the Board requesting the adoption, amendment or repeal of a rule shall file the petition with the Board's executive director. (b) The petition shall contain the following …

21 NCAC 48H .0702 MAILING LIST (a) Any person desiring to be placed on the mailing list for the Board's rulemaking notices may file a request with the Board in writing, furnishing the name and mailing address of the person to whom the notice is to be sent. (b) The Board will char…

21 NCAC 48H .0703 HEARINGS (a) Any person making oral comments may submit a written copy of the presentation prior to or at the hearing. (b) In order to allow for a full and fair opportunity for persons who wish to make oral comments at a rulemaking hearing to speak, the presidin…