TITLE 43
PROFESSIONS AND BUSINESSES
ARTICLE 4
NURSE LICENSURE COMPACT
43-33-11. Physical therapists and physical therapist assistants to clearly inform public of credentials; license required; use of titles; limitation on scope of Code section.
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A physical therapist shall clearly inform the public of his or her professional credential as a physical therapist. A physical therapist shall use the appropriate regulatory designator as identified by the board.
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A physical therapist assistant shall use the letters "PTA" immediately following his or her name to designate licensure under this chapter. A person shall not use the title "physical therapist assistant," the letters "PTA," or any other words, abbreviations, or insignia in connection with that person's name to indicate or imply, directly or indirectly, that the person is a physical therapist assistant unless that person is licensed as a physical therapist assistant pursuant to this chapter.
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A person or business entity and its employees, agents, or representatives shall not use in connection with that person's name or the name or activity of the business entity the words "physical therapy," "physical therapist," "physiotherapist," or "doctor of physical therapy," the letters "PT," "CPT," "DPT," "LPT," "RPT," or "MPT," or any other words, abbreviations, or insignia indicating or implying, directly or indirectly, that physical therapy is provided or supplied, unless such services are provided by or under the direction of a physical therapist licensed pursuant to this chapter. A person or business entity shall not advertise or otherwise promote another person as being a physical therapist or physiotherapist unless the individual so advertised or promoted is licensed as a physical therapist under this chapter. A person or business entity that offers, provides, or bills any other person for services shall not characterize those services as physical therapy unless the individual directing and supervising those services is a person licensed under this chapter.
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Nothing in this Code section shall be construed as preventing or restricting the practice, services, or activities of:
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Any person licensed under any other law of this state who is engaged in the professional or trade practices properly conducted under the authority of such other licensing laws;
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Any person pursuing a course of study leading to a degree or certificate as a physical therapist or as a physical therapist assistant in an entry level educational program approved by the board, if such person is designated by a title indicating student status, is fulfilling work experiences required for the attainment of the degree or certificate, and is under the supervision of a licensed physical therapist;
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Any person enrolled in a course of study designed to develop advanced physical therapy skills when the physical therapy activities are required as part of an educational program sponsored by an educational institution approved by the board and are conducted under the supervision of a physical therapist licensed under this chapter. If such person provides physical therapy services outside the scope of the educational program, he or she shall then be required to be licensed in accordance with this chapter;
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A physical therapist licensed in another state or country or employed by the United States government conducting a teaching or clinical demonstration in connection with an academic or continuing education program;
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Any person employed as a physical therapist or as a physical therapist assistant by the United States government if such person provides physical therapy services solely under the direction or control of the employing organization. If such person shall engage in the practice of physical therapy or as a physical therapist assistant outside the course and scope of such employment, he or she shall then be required to be licensed in accordance with this chapter;
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A person currently licensed in another state who is present in this state for treatment of a temporary sojourner only, such treatment in this state not to exceed a total of 60 days during any 12 month period; or
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A person currently licensed in another state who is present in this state providing physical therapy services during a declared local, jurisdictional, or national disaster or emergency, such services not to exceed a total of 60 days during any 12 month period.
(Ga. L. 1951, p. 175, §§ 2, 14; Ga. L. 1964, p. 765, § 1; Ga. L. 1972, p. 388, § 12; Ga. L. 1982, p. 1416, §§ 2, 11; Ga. L. 1983, p. 3, § 32; Ga. L. 1992, p. 2434, § 5; Ga. L. 1993, p. 91, § 43; Ga. L. 1997, p. 715, § 1; Ga. L. 2015, p. 288, § 3/HB 505.)
The 2015 amendment,
effective July 1, 2015, rewrote this Code section.
Administrative Rules and Regulations.
- Licensure requirements, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia State Board of Physical Therapy, Chapter 490-2.
JUDICIAL DECISIONS
Malpractice.
- Physical therapists are "professionals" within the intent of O.C.G.A.
§
9-11-9.1 requiring the affidavit of an expert to be filed with the complaint in an action for professional malpractice. Hodo v. General Hosps., 211 Ga. App. 6, 438 S.E.2d 378 (1993).
OPINIONS OF THE ATTORNEY GENERAL
Physical therapist assistants.
- Licensed physical therapist assistant must be supervised and directed by a licensed physical therapist, and the State Board of Physical Therapy presently is not authorized to promulgate rules providing for disciplinary action against, or delineating the services which may be provided by, a physical therapy aide. 1989 Op. Att'y Gen. No. 89-46.
RESEARCH REFERENCES
ALR.
- Right to enjoin business competitor from unlicensed or otherwise illegal acts or practices, 90 A.L.R.2d 7.
Single or isolated transactions as falling within provisions of commercial or occupational licensing requirements, 93 A.L.R.2d 90.
Recovery back of money paid to unlicensed person required by law to have occupational or business license or permit to make contract, 74 A.L.R.3d 637.