Burbank Municipal Code Art. 15 Physical Therapy

3-4-1501: DEFINITION:

As used in this article, unless the context otherwise clearly indicates, “physical therapy” shall mean the treatment or care of the body and the maintenance of health by physical agents other than drugs, medicine, or surgery; including, but not by way of limitation, fomentations, therapeutic massage, electric or magnetic treatment, steam baths, sun baths, mineral baths, electric tub baths, shower baths, sponge baths, Russian, Swedish, or Turkish baths, salt glows, alcohol rubs, movement, manipulation, corrective exercise, and other related services. [Formerly numbered Section 8-117; renumbered by Ord. No. 3058, eff. 2/21/87; 2889.]

3-4-1502: LICENSE FEES:

A. Every person who operates any place where physical therapy is practiced, or which is devoted to, or which advertises or offers, any of the services or treatments included in the term “physical therapy” as defined herein, shall pay an annual license fee in the amount set forth in the Burbank Fee Resolution.

B. Every person who engages in rendering for compensation received or expected, any of the services or treatments included under the term “physical therapy” as herein defined, or who is employed to render such service or treatment in any place where physical therapy is practiced or in any place which is devoted to, or which advertises or offers, any of the services or treatments included in the term “physical therapy” as herein defined, shall pay an annual license fee in the amount set forth in the Burbank Fee Resolution. [Formerly numbered Section 8-118; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03.]

3-4-1503: APPLICATION FOR LICENSE:

Application for such license shall be under oath and shall contain the following information:

A. The name of applicant and a complete statement regarding any and all true and fictitious names used by the applicant within five (5) years immediately prior to the date of filing the application;

B. The residence address and telephone number of the applicant;

C. The age, date and place of birth of the applicant;

D. The place or places where applicant will engage in their business, calling or employment;

E. The nature and place of applicant’s business or employment within five (5) years immediately prior to the date of filing the application;

F. A photograph of the applicant taken within sixty (60) days immediately prior to the date of filing the application, which picture shall be two inches by two inches (2" x 2"), showing the head and shoulders in a clear and distinguishing manner;

G. The finger- and thumbprints of the applicant to be taken by the Police Department of the City;

H. The names of at least two (2) reliable property owners of the County, who will certify as to the applicant’s good character and/or business responsibility; or, in lieu of the names of such references, such other available evidence as to the good character and/or business responsibility of the applicant as will enable an investigator to properly evaluate such character and/or business responsibility; or, in lieu of the names of such references, such other available evidence as to the good character and/or business responsibility of the applicant as will enable an investigator to properly evaluate such character and/or business responsibility. Evidence of active membership in good standing in a duly incorporated association of physical therapists, chartered under the laws of the State, may be submitted as evidence of good character;

I. A statement that applicant has never been convicted of a crime involving moral turpitude, or a felony; or, if any such crime has been committed by applicant, a complete statement of the nature of such crime and the place and date of conviction;

J. Two (2) copies of a valid unexpired and unrevoked license issued to the applicant by the Board of Medical Quality Assurance of the State of California pursuant to the provisions of Chapter 5.7, Division 2, of the Business and Professions Code relating to the practice of physical therapy, and Title 16, Chapter 13.2 of the California Administrative Code (“Physical Therapy Rules”) adopted pursuant to Section 2615 of the Business and Professions Code. Said license shall describe the applicant as a “registered physical therapist licensed by the Board of Medical Quality Assurance”, or as a “registered physical therapist assistant, licensed by the Board of Medical Quality Assurance”. [Formerly numbered Section 8-119; renumbered by Ord. No. 3058, eff. 2/21/87; 2889, 2277.]

3-4-1504: APPLICATION FEE:

Every application for such license shall be accompanied by an application fee in the amount set forth in the Burbank Fee Resolution. [Formerly numbered Section 8-120; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03.]

3-4-1505: APPROVAL BY CHIEF OF POLICE:

Every application for a license hereunder shall be referred to the Chief of Police for approval in accordance with the provisions of Section 3-6-205 of this title. No application shall be approved unless the applicant is found to be of good moral character. Any conviction for a crime involving moral turpitude, or for a felony, shall constitute prima facie proof of immoral character. In the absence of such conviction, the Chief of Police shall consider such other evidence of moral character as may be available. [Formerly numbered Section 8-121; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-1506: PERMITS:

No person shall operate any place where physical therapy is practiced, or any place which is devoted to, or which advertises or offers, any of the services or treatments included in the term “physical therapy” as herein defined, without a permit from the Chief of Police. Persons desiring such permit shall so state on their application for a license shall be referred to the Chief of Police for their information in granting or denying the permit. [Formerly numbered Section 8-122; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-1507: GRANTING OR REFUSAL OF PERMIT:

The Chief of Police may, after investigation of the application and the proposed business or activity, grant or refuse to grant such permit. The permit shall be refused if it shall be determined that the granting of the same or the conduct of the business or activity will be contrary to the public peace, health, safety, morals or welfare of the City or its inhabitants. If the permit is granted, the Chief of Police may impose such terms, conditions and restrictions upon the operation and conduct of such business, not in conflict with any paramount law, as may be deemed expedient to protect the public peace, health, safety, morals or welfare of the City or its inhabitants. Any applicant for a permit shall be entitled to a hearing thereon upon a request therefor to the Chief of Police.

A. Temporary Permits: Any person who has applied for a permit in accordance with the provisions of this article shall, upon request therefor, be issued a temporary permit for not to exceed sixty (60) days by the Chief of Police pending action on their application. Such temporary permit, while it is in effect, shall for all purposes have the same force and be subject to the same conditions as any permit issued hereunder. The Chief of Police may summarily suspend any such temporary permit if the permittee violates any provision of this article. [Formerly numbered Section 8-123; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-1508: REGISTRATION:

Every person who operates any place where physical therapy is practiced, or any place which is devoted to, or which advertises or offers, any of the services or treatments included in the term “physical therapy” as herein defined, shall file with the Community Development Department at the time of filing their application for a license and permit, a written and verified statement, in duplicate, showing the number of rooms occupied or to be occupied for said business, including a sketch of the interior arrangement thereof, a list of the equipment used therein, and a list of the persons engaged in giving or employed to give service or treatments therein. Such statement shall be amended, in duplicate, within forty eight (48) hours after any change in, or addition to, the information furnished therein. The Community Development Department shall immediately transmit one copy of such registration statement, or amendment thereto, to the Chief of Police. [Formerly numbered Section 8-124; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2194.]

3-4-1509: RESERVED FOR FUTURE USE:

[Deleted by Ord. No. 3623, eff. 6/28/03; formerly numbered Section 8-1509; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-1510: EXEMPTIONS:

The provisions of this article shall not apply to any business, calling or profession over which the State has assumed exclusive jurisdiction as a matter of statewide concern and which gives the services or treatments included in the term “physical therapy”, as herein defined, as incident to such business, calling, or profession, nor shall they apply to regularly established hospitals, athletic associations, athletic teams, or religious and charitable institutions. [Formerly numbered Section 8-126; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-1511: WRITTEN NOTICE OF SUSPENSION, REVOCATION OR EXPIRATION:

A licensee under the provisions of this article shall immediately notify the Community Development Department, in writing, of any suspension, revocation or expiration of a physical therapist license or physical therapist assistance license issued by the Board of Medical Quality Assurance of the State of California. Any such suspension, revocation or expiration shall be grounds for the revocation or suspension of any license granted or issued under this article, and the provisions of Title 2, Chapter 1, Article 15 of this code shall be applicable in connection therewith. [Added by Ord. No. 2889; formerly numbered Section 8-126.1; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12.]