Florida Law Exam PTA

Except in a case of emergency, _____ supervision means there is a physical presence of the licensed physical therapist for consultation and direction of the actions of a physical therapist.

"Direct supervision"

If physical therapist assistant who is practicing under a temporary permit and who is a candidate for licensure by examination requires what type of supervision?

"Direct supervision"

A ________ document of authorization granted by the board and issued by the department for a person to engage in the practice of physical therapy

"License"

______ means a person who is patient-related activities, including the use of physical agents, whose license is in good standing, and whose activities are performed under the direction of a physical therapist.

"Physical therapist assistant"

______means a person who is licensed and who practices physical therapy?

"Physical therapist"

means observational, verbal, or manual determinations of the function of the musculoskeletal or neuromuscular system relative to physical therapy, including, but not limited to, range of motion of a joint, motor power, postural attitudes, biomechanical function, locomotion, or functional abilities, for the purpose of making recommendations for treatment

"Physical therapy assessment"

________ a physical therapist or a physical therapist assistant who is licensed and who practices physical therapy?

"Physical therapy practitioner"

What is the legislature intent with respects to regulating licensure to practice physical therapy?

(1) It is the intent of the Legislature that persons desiring to engage in any lawful profession regulated by the department shall be entitled to do so as a matter of right if otherwise qualified. (2) The Legislature further believes that such professions shall be regulated only for the preservation of the health, safety, and welfare of the public under the police powers of the state. Such professions shall be regulated when: (a) Their unregulated practice can harm or endanger the health, safety, and welfare of the public, and when the potential for such harm is recognizable and clearly outweighs any anticompetitive impact which may result from regulation. (b) The public is not effectively protected by other means, including, but not limited to, other state statutes, local ordinances, or federal legislation. (c) Less restrictive means of regulation are not available. (3) It is further legislative intent that the use of the term "profession" with respect to those activities licensed and regulated by the department shall not be deemed to mean that such activities are not occupations for other purposes in state or federal law. (4) (a) Neither the department nor any board may create unreasonably restrictive and extraordinary standards that deter qualified persons from entering the various professions. Neither the department nor any board may take any action that tends to create or maintain an economic condition that unreasonably restricts competition, except as specifically provided by law. (b) Neither the department nor any board may create a regulation that has an unreasonable effect on job creation or job retention in the state or that places unreasonable restrictions on the ability of individuals who seek to practice or who are practicing a profession or occupation to find employment. (c) The Legislature shall evaluate proposals to increase the regulation of regulated professions or occupations to determine the effect of increased regulation on job creation or retention and employment opportunities. (5) Policies adopted by the department shall ensure that all expenditures are made in the most cost-effective manner to maximize competition, minimize licensure costs, and maximize public access to meetings conducted for the purpose of professional regulation. The long-range planning function of the department shall be implemented to facilitate effective operations and to eliminate inefficiencies. (6) Unless expressly and specifically granted in statute, the duties conferred on the boards do not include the enlargement, modification, or contravention of the lawful scope of practice of the profession regulated by the boards. This subsection shall not prohibit the boards, or the department when there is no board, from taking disciplinary action or issuing a declaratory statement.

What is the 6 Legislative intent requirements?

(1) Makes sure folks entering into PT are qualified (2) Protect the public from professions that can propose harm or endangerment such professionals in the health, safety, and welfare of the public. (3) Defines the term "profession" with respect to those activities licensed and regulated by the department shall not be deemed to mean that such activities are not occupations for other purposes in state or federal law. (4) (a) The legislative intent can not deter qualified person from obtaining a license due to unreasonable restrictive standards. (b) The board can not take unreasonable action tended to create or maintain economic conditions (except as specifically provided by law) or effects on job creation or job retention or on job seekers looking for employment (c) The Legislature shall evaluate proposals to increase the regulation of regulated professions or occupations to Florida Board of Physical Therapy- Laws and Rules- Rev. 09/2019 40 determine the effect of increased regulation on job creation or retention and employment opportunities. (5) Policies adopted by the department shall ensure that all expenditures are made in the most cost-effective manner to maximize competition, minimize licensure costs, and maximize public access to meetings conducted for the purpose of professional regulation. The long-range planning function of the department shall be implemented to facilitate effective operations and to eliminate inefficiencies. (6) Unless expressly and specifically granted in statute, the duties conferred on the boards do not include the enlargement, modification, or contravention of the lawful scope of practice of the profession regulated by the boards. This subsection shall not prohibit the boards, or the department when there is no board, from taking disciplinary action or issuing a declaratory statement.

What are the requirements for Reactivation of an Inactive or Retired License?

(1) Payment of all applicable fees, including: (a) The biennial renewal The biennial renewal fee for an active license is $75 The biennial renewal fee for an inactive license is $50 (b) The unlicensed activity fee as specified by Section e initial licensure fee is $75. (c) The fee for reactivation is $50 (d) The change of status fee is $40 1. 10 hours of cont ed for each year the license was inactive2. completed medical errors prevention course for each biennium3. 2 hours of cont ed related physical therapy laws and rules within one year prior reactivation4. 24 cont ed including medical error prevention for the proceeding biennium during which the licensee held and active license

What are the requirements for Reactivation of an Inactive or Retired License?

(1) Payment of all applicable fees: The initial licensure fee is $75 The biennial renewal fee for an active license is $75 The biennial renewal fee for an inactive license is $50. The retired status fee is $50 The delinquency fee is $55. The fee for reactivation is $50 The change of status fee is $40. The duplicate license fee is $25. The certification of a public record fee is $25 (2) Documentation of compliance with all continuing education requirements including prevention of medical errors, for the biennium during which the licensee last held an active license (3) 10 CEU for each year the license was inactive including 2 hrs of prevention of medical errors Only 6 CEU hours can be home study medical error for year of inactive statues (4) 2 hrs of the 10 CEU hrs applicate must have documentation within twelve (12) months immediately preceding application for reactivation *** ( In lieu of two (2) hours of continuing education specifically on Florida Physical Therapy Laws and Rules, the applicant may receive two (2) hours of continuing education for taking and passing, within twelve (12) months immediately preceding application for reactivation, the Florida laws and rules examination developed by the FSBPT)

456.0361 Compliance with continuing education requirements.—

(1) The department shall establish an electronic continuing education tracking system to monitor licensee compliance with applicable continuing education requirements and to determine whether a licensee is in full compliance with the requirements at the time of his or her application for license renewal. The tracking system shall be integrated into the department's licensure and renewal process. (2) The department may not renew a license until the licensee complies with all applicable continuing education requirements. This subsection does not prohibit the department or the boards from imposing additional penalties under the applicable professional practice act or applicable rules for failure to comply with continuing education requirements. (3) The department may adopt rules to implement this section.

How many CEU are required?

(1) completing 24 hours of continuing education biennially. (2) The board shall approve only those courses sponsored by a college or university which provides a curriculum for training physical therapists or physical therapist assistants which is accredited by, or has status with an accrediting agency approved by, the United States Department of Education or courses sponsored or approved by the Florida Physical Therapy Association or the American Physical Therapy Association. (3) The board may make exceptions from the requirements of this section in emergency or hardship cases as provided by rule. 13 Florida Board of Physical Therapy- Laws and Rules- Rev. 09/2019 (4) Each licensee shall maintain sufficient records to demonstrate compliance with this section. (5) The board may adopt rules within the requirements of this section that are necessary for its implementation.

What is consider a emergency or hardship cases are those & requirements?

(1) involving long term personal illness or illness involving a close relative or person for whom the licensee has care-giving responsibilities (2) where the licensee can demonstrate that the required course(s) are not reasonably available; and (3) other demonstrated economic, technological or legal hardships that substantially relate to the ability to perform or complete the continuing education requirements. Licensees requesting an exception from continuing education requirements must provide the Board with documentation supporting the claim of emergency or hardship that is the basis of the request. (4) The licensee must retain such receipts, vouchers, certificates, or other papers as may be necessary to document completion of the appropriate continuing education offerings listed on the renewal form for a period of not less than four years from the date the offering was taken

456.076 Impaired practitioner programs.— (1) As used in this section, the term: (a) "Consultant" means the individual or entity who operates an approved impaired practitioner program pursuant to a contract with the department and who is retained by the department as provided in subsection (2). (b) "Evaluator" means a state-licensed or nationally certified individual who has been approved by a consultant or the department, who has completed an evaluator training program established by the consultant, and who is therefore authorized to evaluate practitioners as part of an impaired practitioner program. (c) "Impaired practitioner" means a practitioner with an impairment. (d) "Impaired practitioner program" means a program established by the department by contract with one or more consultants to serve impaired and potentially impaired practitioners for the protection of the health, safety, and welfare of the public. (e) "Impairment" means a potentially impairing health condition that is the result of the misuse or abuse of Florida Board of Physical Therapy- Laws and Rules- Rev. 09/2019 116 alcohol, drugs, or both, or a mental or physical condition that could affect a practitioner's ability to practice with skill and safety. (f) "Inability to progress" means a determination by a consultant based on a participant's response to treatment and prognosis that the participant is unable to safely practice despite compliance with treatment requirements and his or her participant contract. (g) "Material noncompliance" means an act or omission by a participant in violation of his or her participant contract as determined by the department or consultant. (h) "Participant" means a practitioner who is participating in the impaired practitioner program by having entered into a participant contract. A practitioner ceases to be a participant when the participant contract is successfully completed or is terminated for any reason. (i) "Participant contract" means a formal written document outlining the requirements established by a consultant for a participant to successfully complete the impaired practitioner program, including the participant's monitoring plan. (j) "Practitioner" means a person licensed, registered, certified, or regulated by the department or an applicant for a license, registration, or certification under the same laws. (k) "Referral" means a practitioner who has been referred, either as a self-referral or otherwise, or reported to a consultant for impaired practitioner program services, but who is not under a participant contract. (l) "Treatment program" means a department-approved or consultant-approved residential, intensive outpatient, partial hospitalization, or other program through which an impaired practitioner is treated based on the impaired practitioner's diagnosis and the treatment plan approved by the consultant. (m) "Treatment provider" means a department-approved or consultant-approved residential state-licensed or nationally certified individual who provides treatment to an impaired practitioner based on the practitioner's individual diagnosis and a treatment plan approved by the consultant.

(2) The department may retain one or more consultants to operate its impaired practitioner program. Each consultant must be: (a) A practitioner licensed (b) An entity that employs: 1. A medical director who is licensed 2. An executive director who is licensed The terms and conditions of the impaired practitioner program must be established by the department by contract with a consultant for the protection of the health, safety, and welfare of the public and must provide, at a minimum, that the consultant: (a) Accepts referrals; Florida Board of Physical Therapy- Laws and Rules- Rev. 09/2019 117 (b) Arranges for the evaluation and treatment of impaired practitioners by a treatment provider when the consultant deems such evaluation and treatment necessary; (c) Monitors the recovery progress and status of impaired practitioners to ensure that such practitioners are able to practice their profession with skill and safety. Such monitoring must continue until the consultant or department concludes that monitoring by the consultant is no longer required for the protection of the public or until the practitioner's participation in the program is terminated for material noncompliance or inability to progress; and (d) Does not directly evaluate, treat, or otherwise provide patient care to a practitioner in the operation of the impaired practitioner program. (4) The department shall specify, in its contract with each consultant, the types of licenses, registrations, or certifications of the practitioners to be served by that consultant. (5) A consultant shall enter into a participant contract with an impaired practitioner and shall establish the terms of monitoring and shall include the terms in a participant contract. In establishing the terms of monitoring, the consultant may consider the recommendations of one or more approved evaluators, treatment programs, or treatment providers. A consultant may modify the terms of monitoring if the consultant concludes, through the course of monitoring, that extended, additional, or amended terms of monitoring are required for the protection of the health, safety, and welfare of the public. (6) A consultant is not required to be licensed as a substance abuse provider or mental health treatment provider under chapter 394, chapter 395, or chapter 397 for purposes of providing services under this program. (7) Each consultant shall assist the department and licensure boards on matters of impaired practitioners, including the determination of whether a practitioner is, in fact, impaired, as specified in the consultant's contract with the department. (8) Before issuing an approval of, or intent to deny, an application for licensure, each board and profession within the Division of Medical Quality Assurance may delegate to its chair or other designee its authority to determine that an applicant for licensure under its jurisdiction may have an impairment. Upon such determination, the chair or other designee may refer the applicant to the consultant to facilitate an evaluation before the board issues an approval of, or intent to deny, his or her application. If the applicant agrees to be evaluated, the department's deadline for approving or denying the application pursuant to s. 120.60(1) is tolled until the evaluation is completed and the result of the evaluation and recommendation is communicated to the board by the consultant. If the applicant declines to be evaluated, the board shall issue an approval of, or intent to deny, the applicant's application notwithstanding the lack of an evaluation and recommendation by the consultant. (9)(a)

456.057 Ownership and control of patient records; report or copies of records to be furnished; disclosure of information.— (1) As used in this section, the term "records owner" means any health care practitioner who generates a medical record after making a physical or mental examination of, or administering treatment or dispensing legend drugs to, any person; any health care practitioner to whom records are transferred by a previous records owner; or any health care practitioner's employer, including, but not limited to, group practices and staff-model health maintenance organizations, provided the employment contract or agreement between the employer and the health care practitioner designates the employer as the records owner. (2) As used in this section, the terms "records owner," "health care practitioner," and "health care practitioner's employer" do not include any of the following persons or entities; furthermore, the following persons or entities are not authorized to acquire or own medical records, but are authorized under the confidentiality and disclosure Florida Board of Physical Therapy- Laws and Rules- Rev. 09/2019 90 requirements of this section to maintain those documents required by the part or chapter under which they are licensed or regulated: (a) Certified nursing assistants regulated under part II of chapter 464. (b) Pharmacists and pharmacies licensed under chapter 465. (c) Dental hygienists licensed under s. 466.023. (d) Nursing home administrators licensed under part II of chapter 468. (e) Respiratory therapists regulated under part V of chapter 468. (f) Athletic trainers licensed under part XIII of chapter 468. (g) Electrologists licensed under chapter 478. (h) Clinical laboratory personnel licensed under part II of chapter 483. (i) Medical physicists licensed under part III of chapter 483. (j) Opticians and optical establishments licensed or permitted under part I of chapter 484.

(3) As used in this section, the term "records custodian" means any person or entity that: (a) Maintains documents that are authorized in subsection (2); or (b) Obtains medical records from a records owner. (4) Any health care practitioner's employer who is a records owner and any records custodian shall maintain records or documents as provided under the confidentiality and disclosure requirements of this section. (5) This section does not apply to facilities licensed under chapter 395. (6) Any health care practitioner licensed by the department or a board within the department who makes a physical or mental examination of, or administers treatment or dispenses legend drugs to, any person shall, upon request of such person or the person's legal representative, furnish, in a timely manner, without delays for legal review, copies of all reports and records relating to such examination or treatment, including X rays and insurance information. However, when a patient's psychiatric, chapter 490 psychological, or chapter 491 psychotherapeutic records are requested by the patient or the patient's legal representative, the health care practitioner may provide a report of examination and treatment in lieu of copies of records. Upon a patient's written request, complete copies of the patient's psychiatric records shall be provided directly to a subsequent treating psychiatrist. The furnishing of such report or copies shall not be conditioned upon payment of a fee for services rendered. (7)(a) Except as otherwise provided in this section and in s. 440.13(4)(c), such records may not be furnished to, and the medical condition of a patient may not be discussed with, any person other than the patient, the patient's legal representative, or other health care practitioners and providers involved in the patient's care or treatment, except upon written authorization from the patient.

456.053 Financial arrangements between referring health care providers and providers of health care services.— (1) SHORT TITLE.—This section may be cited as the "Patient Self-Referral Act of 1992." (2) LEGISLATIVE INTENT.—It is recognized by the Legislature that the referral of a patient by a health care provider to a provider of health care services in which the referring health care provider has an investment interest represents a potential conflict of interest. The Legislature finds these referral practices may limit or eliminate competitive alternatives in the health care services market, may result in overutilization of health care services, may increase costs to the health care system, and may adversely affect the quality of health care. The Legislature also recognizes, however, that it may be appropriate for providers to own entities providing health care services, and to refer patients to such entities, as long as certain safeguards are present in the arrangement. It is the intent of the Legislature to provide guidance to health care providers regarding prohibited patient referrals between health care providers and entities providing health care services and to protect the people of Florida from unnecessary and costly health care expenditures. (3) DEFINITIONS.—For the purpose of this section, the word, phrase, or term: (a) "Board" means any of the following boards relating to the respective professions: the Board of Medicine as created in s. 458.307; the Board of Osteopathic Medicine as created in s. 459.004; the Board of Chiropractic Medicine as created in s. 460.404; the Board of Podiatric Medicine as created in s. 461.004; the Board of Optometry as created in s. 463.003; the Board of Pharmacy as created in s. 465.004; and the Board of Dentistry as created in s. 466.004. (b) "Comprehensive rehabilitation services" means services that are provided by health care professionals licensed under to provide speech, occupational, or physical therapy services on an outpatient or ambulatory basis. (c) "Designated health services" means, for purposes of this section, clinical laboratory services, physical therapy services, comprehensive rehabilitative services, diagnostic-imaging services, and radiation therapy services. (d) "Diagnostic imaging services" means magnetic resonance imaging, nuclear medicine, angiography, arteriography, computed tomography, positron emission tomography, digital vascular imaging, bronchography, lymphangiography, splenography, ultrasound, EEG, EKG, nerve conduction studies, and evoked potentials. (e) "Direct supervision" means supervision by a physician who is present in the office suite and immediately available to provide assistance and direction throughout the time services are being performed. (f) "Entity" means any individual, partnership, firm, corporation, or other business entity. (g) "Fair market value" means value in arms length transactions, consistent with the general market value, and, with respect to rentals or leases, the value of rental property for general commercial purposes, not taking into account its intended use, and, in the case of a lease of space, not adjusted to reflect the additional value the prospective lessee or lessor would attribute to the proximity or convenience to the lessor where the lessor is a potential source of patient referrals to the lessee. (h) "Group practice" means a group of two or more health care providers legally organized as a partnership, professional corporation, or similar association: 1. In which each health care provider who is a member of the group provides substantially the full range of services which the health care provider routinely provides, including medical care, consultation, diagnosis, or treatment, through the joint use of shared office space, facilities, equipment, and personnel; 2. For which substantially all of the services of the health care providers who are members of the group are provided through the group and are billed in the name of the group and amounts so received are treated as receipts of the group; and 3. In which the overhead expenses of and the income from the practice are distributed in accordance with methods previously determined by members of the group. (i) "Health care provider" means any physician licensed. (j) "Immediate family member" means a health care provider's spouse, child, child's spouse, grandchild, grandchild's spouse, parent, parent-in-law, or sibling. (k) "Investment interest" means an equity or debt security issued by an entity, including, without limitation, shares of stock in a corporation, units or other interests in a partnership, bonds, debentures, notes, or other equity interests or debt instruments. The following investment interests shall be excepted from this definition: 1. An investment interest in an entity that is the sole provider of designated health services in a rural area; 2. An investment interest in notes, bonds, debentures, or other debt instruments issued by an entity which provides designated health services, as an integral part of a plan by such entity to acquire such investor's equity investment interest in the entity, provided that the interest rate is consistent with fair market value, and that the maturity date of the notes, bonds, debentures, or other debt instruments issued by the entity to the investor is not later than October 1, 1996. 3. An investment interest in real property resulting in a landlord-tenant relationship between the health care provider and the entity in which the equity interest is held, unless the rent is determined, in whole or in part, by the business volume or profitability of the tenant or exceeds fair market value; or 4. An investment interest in an entity which owns or leases and operates a hospital licensed under chapter 395 or a nursing home facility licensed under chapter 400. (l) "Investor" means a person or entity owning a legal or beneficial ownership or investment interest, directly or indirectly, including, without limitation, through an immediate family member, trust, or another entity related to the investor within the meaning of 42 C.F.R. s. 413.17, in an entity. (m) "Outside referral for diagnostic imaging services" means a referral of a patient to a group practice or sole provider for diagnostic imaging services by a physician who is not a member of the group practice or of the sole provider's practice and who does not have an investment interest in the group practice or sole provider's practice, for which the group practice or sole provider billed for both the technical and the professional fee for the patient, and the patient did not become a patient of the group practice or sole provider's practice. (n) "Patient of a group practice" or "patient of a sole provider" means a patient who receives a physical examination, evaluation, diagnosis, and development of a treatment plan if medically necessary by a physician who is Florida Board of Physical Therapy- Laws and Rules- Rev. 09/2019 84 a member of the group practice or the sole provider's practice. (o) "Referral" means any referral of a patient by a health care provider for health care services, including, without limitation: 1. The forwarding of a patient by a health care provider to another health care provider or to an entity which provides or supplies designated health services or any other health care item or service; or 2. The request or establishment of a plan of care by a health care provider, which includes the provision of designated health services or other health care item or service. 3. The following orders, recommendations, or plans of care shall not constitute a referral by a health care provider: a. By a radiologist for diagnostic-imaging services. b. By a physician specializing in the provision of radiation therapy services for such services. c. By a medical oncologist for drugs and solutions to be prepared and administered intravenously to such oncologist's patient, as well as for the supplies and equipment used in connection therewith to treat such patient for cancer and the complications thereof. d. By a cardiologist for cardiac catheterization services. e. By a pathologist for diagnostic clinical laboratory tests and pathological examination services, if furnished by or under the supervision of such pathologist pursuant to a consultation requested by another physician. f. By a health care provider who is the sole provider or member of a group practice for designated health services or other health care items or services that are prescribed or provided solely for such referring health care provider's or group practice's own patients, and that are provided or performed by or under the direct supervision of such referring health care provider or group practice; provided, however, that effective July 1, 1999, a physician licensed pursuant to may refer a patient to a sole provider or group practice for diagnostic imaging services, excluding radiation therapy services, for which the sole provider or group practice billed both the technical and the professional fee for or on behalf of the patient, if the referring physician has no investment interest in the practice. The diagnostic imaging service referred to a group practice or sole provider must be a diagnostic imaging service normally provided within the scope of practice to the patients of the group practice or sole provider. The group practice or sole provider may accept no more than 15 percent of their patients receiving diagnostic imaging services from outside referrals, excluding radiation therapy services. g. By a health care provider for services provided by an ambulatory surgical center licensed under chapter 395. h. By a urologist for lithotripsy services. i. By a dentist for dental services performed by an employee of or health care provider who is an independent contractor with the dentist or group practice of which the dentist is a member. j. By a physician for infusion therapy services to a patient of that physician or a member of that physician's group practice. k. By a nephrologist for renal dialysis services and supplies, except laboratory services. l. By a health care provider whose principal professional practice consists of treating patients in their private Florida Board of Physical Therapy- Laws and Rules- Rev. 09/2019 85 residences for services to be rendered in such private residences, except for services rendered by a home health agency licensed under chapter 400. For purposes of this sub-subparagraph, the term "private residences" includes patients' private homes, independent living centers, and assisted living facilities, but does not include skilled nursing facilities. m. By a health care provider for sleep-related testing. (p) "Present in the office suite" means that the physician is actually physically present; provided, however, that the health care provider is considered physically present during brief unexpected absences as well as during routine absences of a short duration if the absences occur during time periods in which the health care provider is otherwise scheduled and ordinarily expected to be present and the absences do not conflict with any other requirement in the Medicare program for a particular level of health care provider supervision. (q) "Rural area" means a county with a population density of no greater than 100 persons per square mile, as defined by the United States Census. (r) "Sole provider" means one health care provider licensed under who maintains a separate medical office and a medical practice separate from any other health care provider and who bills for his or her services separately from the services provided by any other health care provider. A sole provider shall not share overhead expenses or professional income with any other person or group practice.

(4) REQUIREMENTS FOR ACCEPTING OUTSIDE REFERRALS FOR DIAGNOSTIC IMAGING.— (a) A group practice or sole provider accepting outside referrals for diagnostic imaging services is required to comply with the following conditions: 1. Diagnostic imaging services must be provided exclusively by a group practice physician or by a full-time or part-time employee of the group practice or of the sole provider's practice. 2. All equity in the group practice or sole provider's practice accepting outside referrals for diagnostic imaging must be held by the physicians comprising the group practice or the sole provider's practice, each of whom must provide at least 75 percent of his or her professional services to the group. Alternatively, the group must be incorporated under chapter 617 and must be exempt under the provisions of s. 501(c)(3) of the Internal Revenue Code and be part of a foundation in existence prior to January 1, 1999, that is created for the purpose of patient care, medical education, and research. 3. A group practice or sole provider may not enter into, extend or renew any contract with a practice management company that provides any financial incentives, directly or indirectly, based on an increase in outside referrals for diagnostic imaging services from any group or sole provider managed by the same practice management company. 4. The group practice or sole provider accepting outside referrals for diagnostic imaging services must bill for both the professional and technical component of the service on behalf of the patient, and no portion of the payment, or any type of consideration, either directly or indirectly, may be shared with the referring physician. 5. Group practices or sole providers that have a Medicaid provider agreement with the Agency for Health Care Administration must furnish diagnostic imaging services to their Medicaid patients and may not refer a Medicaid recipient to a hospital for outpatient diagnostic imaging services unless the physician furnishes the hospital with documentation demonstrating the medical necessity for such a referral. If necessary, the Agency for Health Care Florida Board of Physical Therapy- Laws and Rules- Rev. 09/2019 86 Administration may apply for a federal waiver to implement this subparagraph. 6. All group practices and sole providers accepting outside referrals for diagnostic imaging shall report annually to the Agency for Health Care Administration providing the number of outside referrals accepted for diagnostic imaging services and the total number of all patients receiving diagnostic imaging services. (b) If a group practice or sole provider accepts an outside referral for diagnostic imaging services in violation of this subsection or if a group practice or sole provider accepts outside referrals for diagnostic imaging services in excess of the percentage limitation established in subparagraph (a)2., the group practice or the sole provider shall be subject to the penalties in subsection (5). (c) Each managing physician member of a group practice and each sole provider who accepts outside referrals for diagnostic imaging services shall submit an annual attestation signed under oath to the Agency for Health Care Administration which shall include the annual report required under subparagraph (a) 6. and which shall further confirm that each group practice or sole provider is in compliance with the percentage limitations for accepting outside referrals and the requirements for accepting outside referrals listed in paragraph (a). The agency may verify the report submitted by group practices and sole providers. (5) PROHIBITED REFERRALS AND CLAIMS FOR PAYMENT.—Except as provided in this section: (a) A health care provider may not refer a patient for the provision of designated health services to an entity in which the health care provider is an investor or has an investment interest. (b) A health care provider may not refer a patient for the provision of any other health care item or service to an entity in which the health care provider is an investor unless: 1. The provider's investment interest is in registered securities purchased on a national exchange or over-thecounter market and issued by a publicly held corporation: a. Whose shares are traded on a national exchange or on the over-the-counter market; and b. Whose total assets at the end of the corporation's most recent fiscal quarter exceeded $50 million; or 2. With respect to an entity other than a publicly held corporation described in subparagraph 1., and a referring provider's investment interest in such entity, each of the following requirements are met: a. No more than 50 percent of the value of the investment interests are held by investors who are in a position to make referrals to the entity. b. The terms under which an investment interest is offered to an investor who is in a position to make referrals to the entity are no different from the terms offered to investors who are not in a position to make such referrals. c. The terms under which an investment interest is offered to an investor who is in a position to make referrals to the entity are not related to the previous or expected volume of referrals from that investor to the entity. d. There is no requirement that an investor make referrals or be in a position to make referrals to the entity as a condition for becoming or remaining an investor. 3. With respect to either such entity or publicly held corporation: a. The entity or corporation does not loan funds to or guarantee a loan for an investor who is in a position to make referrals to the entity or corporation if the investor uses any part of such loan to obtain the investment interest. Florida Board of Physical Therapy- Laws and Rules- Rev. 09/2019 87 b. The amount distributed to an investor representing a return on the investment interest is directly proportional to the amount of the capital investment, including the fair market value of any preoperational services rendered, invested in the entity or corporation by that investor. 4. Each board and, in the case of hospitals, the Agency for Health Care Administration, shall encourage the use by licensees of the declaratory statement procedure to determine the applicability of this section or any rule adopted pursuant to this section as it applies solely to the licensee. Boards shall submit to the Agency for Health Care Administration the name of any entity in which a provider investment interest has been approved pursuant to this section. (c) No claim for payment may be presented by an entity to any individual, third-party payor, or other entity for a service furnished pursuant to a referral prohibited under this section. (d) If an entity collects any amount that was billed in violation of this section, the entity shall refund such amount on a timely basis to the payor or individual, whichever is applicable. (e) Any person that presents or causes to be presented a bill or a claim for service that such person knows or should know is for a service for which payment may not be made under paragraph (c), or for which a refund has not been made under paragraph (d), shall be subject to a civil penalty of not more than $15,000 for each such service to be imposed and collected by the appropriate board. (f) Any health care provider or other entity that enters into an arrangement or scheme, such as a cross-referral arrangement, which the physician or entity knows or should know has a principal purpose of assuring referrals by the physician to a particular entity which, if the physician directly made referrals to such entity, would be in violation of this section, shall be subject to a civil penalty of not more than $100,000 for each such circumvention arrangement or scheme to be imposed and collected by the appropriate board. (g) A violation of this section by a health care provider shall constitute grounds for disciplinary action to be taken by the applicable board pursuant to s. 458.331(2), s. 459.015(2), s. 460.413(2), s. 461.013(2), s. 463.016(2), or s. 466.028(2). Any hospital licensed under chapter 395 found in violation of this section shall be subject to s. 395.0185(2). (h) Any hospital licensed under chapter 395 that discriminates against or otherwise penalizes a health care provider for compliance with this act. (i) The provision of paragraph (a) shall not apply to referrals to the offices of radiation therapy centers managed by an entity or subsidiary or general partner thereof, which performed radiation therapy services at those same offices prior to April 1, 1991, and shall not apply also to referrals for radiation therapy to be performed at no more than one additional office of any entity qualifying for the foregoing exception which, prior to February 1, 1992, had a binding purchase contract on and a nonrefundable deposit paid for a linear accelerator to be used at the additional office. The physical site of the radiation treatment centers affected by this provision may be relocated as a result of the following factors: acts of God; fire; strike; accident; war; eminent domain actions by any governmental body; or refusal by the lessor to renew a lease. A relocation for the foregoing reasons is limited to relocation of an existing facility to a replacement location within the county of the existing facility upon written notification to the Office of Licensure and Florida Board of Physical Therapy- Laws and Rules- Rev. 09/2019 88 Certification. (j) A health care provider who meets the requirements of paragraphs (b) and (i) must disclose his or her investment interest to his or her patients as provided in s. 456.052

4. The penalties for unlicensed practice of a health care profession shall include the following: EXCEPT (A)Deliver to such person a notice to cease and desist from such violation. In addition, the department may issue and deliver a notice to cease and desist to any person who aids and abets the unlicensed practice of a profession by employing such unlicensed person. (B)The department may impose by citation an administrative penalty not to exceed $5,000 per incident. The citation shall be issued to the subject and shall contain the subject's name and any other information the department determines to be necessary to identify the subject, a brief factual statement, the sections of the law allegedly violated, and the penalty imposed (C)Each day that the unlicensed practice continues after issuance of a notice to cease and desist constitutes a separate violation. The department shall be entitled to recover the costs of investigation and prosecution or the fine levied pursuant to the citation. (D)In addition to or in lieu of any other administrative remedy, the department may seek the imposition of a civil penalty through the circuit court for any violation for which the department may issue a notice to cease and desist. The civil penalty shall be no less than $500 and no more than $5,000 for each offense.

(C)Each day that the unlicensed practice continues after issuance of a notice to cease and desist constitutes a separate violation. The department shall be entitled to recover the costs of investigation and prosecution or the fine levied pursuant to the citation.

3. The following acts shall constitute grounds for which the disciplinary actions may be taken: EXCEPT: (A) Failing to comply with the educational course requirements for domestic violence. (B) Failing to identify through written notice, which may include the wearing of a name tag, or orally to a patient the type of license under which the practitioner is practicing. (C)Failing to report to the board, or the department if there is no board, in writing within 10 days after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction. (D)Being terminated from the state Medicaid program pursuant to s. 409.913, any other state Medicaid program, or the federal Medicare program, unless eligibility to participate in the program from which the practitioner was terminated has been restored. (E) Testing positive for any drug, as defined in s. 112.0455, on any confirmed pre-employment or employer-ordered drug screening when the practitioner does not have a lawful prescription and legitimate medical reason for using the drug. (F) Violating any provision of this chapter, the applicable practice act, or any rules adopted pursuant thereto.

(C)Failing to report to the board, or the department if there is no board, in writing within 10 days after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction.

7. The following constitute your requirements for continuing education as a licensed PTA: EXCEPT: (A) A PTA is required to complete 24 contact hours of continuing education courses approved by the Board in the twenty-four months preceding each 2 year renewal period. (B) With the exception of the required courses in the prevention of medical errors and HIV/AIDS, applicants who become licensed in the second half of the 2 year renewal periord are not required to complete the 24 hours of continuing educaiton (C)Up to 5 contact hours of courses in risk management ; up to 3 contact hours in HIV/AIDS educationand up to 3 contact hours in prevention of medical errors education may be included in the 24 contact hours. (D)Up to twelve contact hours can come from home study during a 2 year renew period (E) The licensee must retain such receipts, vouchers, certificates, or other papers as may be necessary to document completion of the appropriate continuing education offerings listed on the renewal form for a period of not less than five years from the date the offering was taken.

(E) The licensee must retain such receipts, vouchers, certificates, or other papers as may be necessary to document completion of the appropriate continuing education offerings listed on the renewal form for a period of not less than five years from the date the offering was taken.

However, such records may be furnished without written authorization under the following circumstances: 1. To any person, firm, or corporation that has procured or furnished such care or treatment with the patient's consent. 2. When compulsory physical examination is made pursuant to Rule 1.360, Florida Rules of Civil Procedure, in Florida Board of Physical Therapy- Laws and Rules- Rev. 09/2019 91 which case copies of the medical records shall be furnished to both the defendant and the plaintiff. 3. In any civil or criminal action, unless otherwise prohibited by law, upon the issuance of a subpoena from a court of competent jurisdiction and proper notice to the patient or the patient's legal representative by the party seeking such records. 4. For statistical and scientific research, provided the information is abstracted in such a way as to protect the identity of the patient or provided written permission is received from the patient or the patient's legal representative. 5. To a regional poison control center for purposes of treating a poison episode under evaluation, case management of poison cases, or compliance with data collection and reporting requirements of s. 395.1027 and the professional organization that certifies poison control centers in accordance with federal law. 6. To the Department of Children and Families, its agent, or its contracted entity, for the purpose of investigations of or services for cases of abuse, neglect, or exploitation of children or vulnerable adults. (b) Absent a specific written release or authorization permitting utilization of patient information for solicitation or marketing the sale of goods or services, any use of that information for those purposes is prohibited. (c) Information disclosed to a health care practitioner by a patient in the course of the care and treatment of such patient is confidential and may be disclosed only to other health care practitioners and providers involved in the care or treatment of the patient, if allowed by written authorization from the patient, or if compelled by subpoena at a deposition, evidentiary hearing, or trial for which proper notice has been given. (d) Notwithstanding paragraphs (a)-(c), information disclosed by a patient to a health care practitioner or provider or records created by the practitioner or provider during the course of care or treatment of the patient may be disclosed: 1. In a medical negligence action or administrative proceeding if the health care practitioner or provider is or reasonably expects to be named as a defendant; 2. Pursuant to s. 766.106(6)(b)5.; 3. As provided for in the authorization for release of protected health information filed by the patient pursuant to s. 766.1065; or 4. To the health care practitioner's or provider's attorney during a consultation if the health care practitioner or provider reasonably expects to be deposed, to be called as a witness, or to receive formal or informal discovery requests in a medical negligence action, presuit investigation of medical negligence, or administrative proceeding. a. If the medical liability insurer of a health care practitioner or provider described in this subparagraph represents a defendant or prospective defendant in a medical negligence action:

(I) The insurer for the health care practitioner or provider may not contact the health care practitioner or provider to recommend that the health care practitioner or provider seek legal counsel relating to a particular matter. (II) The insurer may not select an attorney for the practitioner or the provider. However, the insurer may recommend attorneys who do not represent a defendant or prospective defendant in the matter if the practitioner or provider contacts an insurer relating to the practitioner's or provider's potential involvement in the matter. (III) The attorney selected by the practitioner or the provider may not, directly or indirectly, disclose to the insurer Florida Board of Physical Therapy- Laws and Rules- Rev. 09/2019 92 any information relating to the representation of the practitioner or the provider other than the categories of work performed or the amount of time applicable to each category for billing or reimbursement purposes. The attorney selected by the practitioner or the provider may represent the insurer or other insureds of the insurer in an unrelated matter. b. The limitations in this subparagraph do not apply if the attorney reasonably expects the practitioner or provider to be named as a defendant and the practitioner or provider agrees with the attorney's assessment, if the practitioner or provider receives a presuit notice pursuant to chapter 766, or if the practitioner or provider is named as a defendant. (8)(a)1. The department may obtain patient records pursuant to a subpoena without written authorization from the patient if the department and the probable cause panel of the appropriate board, if any, find reasonable cause to believe that a health care practitioner has excessively or inappropriately prescribed any controlled substance specified in chapter 893 in violation of this chapter or any professional practice act or that a health care practitioner has practiced his or her profession below that level of care, skill, and treatment required as defined by this chapter or any professional practice act and also find that appropriate, reasonable attempts were made to obtain a patient release. Notwithstanding the foregoing, the department need not attempt to obtain a patient release when investigating an offense involving the inappropriate prescribing, overprescribing, or diversion of controlled substances and the offense involves a pain-management clinic. The department may obtain patient records without patient authorization or subpoena from any pain-management clinic required to be licensed if the department has probable cause to believe that a violation of any provision of s. 458.3265 or s. 459.0137 is occurring or has occurred and reasonably believes that obtaining such authorization is not feasible due to the volume of the dispensing and prescribing activity involving controlled substances and that obtaining patient authorization or the issuance of a subpoena would jeopardize the investigation. 2. The department may obtain patient records and insurance information pursuant to a subpoena without written authorization from the patient if the department and the probable cause panel of the appropriate board, if any, find reasonable cause to believe that a health care practitioner has provided inadequate medical care based on termination of insurance and also find that appropriate, reasonable attempts were made to obtain a patient release. 3. The department may obtain patient records, billing records, insurance information, provider contracts, and all attachments thereto pursuant to a subpoena without written authorization from the patient if the department and probable cause panel of the appropriate board, if any, find reasonable cause to believe that a health care practitioner has submitted a claim, statement, or bill using a billing code that would result in payment greater in amount than would be paid using a billing code that accurately describes the services performed, requested payment for services that were not performed by that health care practitioner, used information derived from a written report of an automobile accident generated pursuant to chapter 316 to solicit or obtain patients personally or through an agent regardless of whether the information is derived directly from the report or a summary of that report or from another person, solicited patients fraudulently, received a kickback as defined in s. 456.054, violated the patient brokering provisions of s. 817.505, or presented or caused to be presented a false or fraudulent insurance claim within the meaning of s. 817.234(1)(a), and also find that, within the meaning of s. 817.234(1)(a), patient authorization cannot be Florida Board of Physical Therapy- Laws and Rules- Rev. 09/2019 93 obtained because the patient cannot be located or is deceased, incapacitated, or suspected of being a participant in the fraud or scheme, and if the subpoena is issued for specific and relevant records. 4. Notwithstanding subparagraphs 1.-3., when the department investigates a professional liability claim or undertakes action pursuant to s. 456.049 or s. 627.912, the department may obtain patient records pursuant to a subpoena without written authorization from the patient if the patient refuses to cooperate or if the department attempts to obtain a patient release and the failure to obtain the patient records would be detrimental to the investigation. (b) Patient records, billing records, insurance information, provider contracts, and all attachments thereto obtained by the department pursuant to this subsection shall be used solely for the purpose of the department and the appropriate regulatory board in disciplinary proceedings. This section does not limit the assertion of the psychotherapist-patient privilege under s. 90.503 in regard to records of treatment for mental or nervous disorders by a medical practitioner licensed pursuant to chapter 458 or chapter 459 who has primarily diagnosed and treated mental and nervous disorders for a period of not less than 3 years, inclusive of psychiatric residency. However, the health care practitioner shall release records of treatment for medical conditions even if the health care practitioner has also treated the patient for mental or nervous disorders. If the department has found reasonable cause under this section and the psychotherapist-patient privilege is asserted, the department may petition the circuit court for an in camera review of the records by expert medical practitioners appointed by the court to determine if the records or any part thereof are protected under the psychotherapist-patient privilege. (9)(a) All patient records obtained by the department and any other documents maintained by the department which identify the patient by name are confidential and exempt from s. 119.07(1) and shall be used solely for the purpose of the department and the appropriate regulatory board in its investigation, prosecution, and appeal of disciplinary proceedings. The records shall not be available to the public as part of the record of investigation for and prosecution in disciplinary proceedings made available to the public by the department or the appropriate board. (b) Notwithstanding paragraph (a), all patient records obtained by the department and any other documents maintained by the department which relate to a current or former Medicaid recipient shall be provided to the Medicaid Fraud Control Unit in the Department of Legal Affairs, upon request. (10) All records owners shall develop and implement policies, standards, and procedures to protect the confidentiality and security of the medical record. Employees of records owners shall be trained in these policies, standards, and procedures. (11) Records owners are responsible for maintaining a record of all disclosures of information contained in the medical record to a third party, including the purpose of the disclosure request. The record of disclosure may be maintained in the medical record. The third party to whom information is disclosed is prohibited from further disclosing any information in the medical record without the expressed written consent of the patient or the patient's legal representative. (12) Notwithstanding the provisions of s. 456.058, records owners shall place an advertisement in the local newspaper or notify patients, in writing, when they are terminating practice, retiring, or relocating, and no longer available to patients, and offer patients the opportunity to obtain a copy of their medical record. Florida Board of Physical Therapy- Laws and Rules- Rev. 09/2019 94 (13) Notwithstanding the provisions of s. 456.058, records owners shall notify the appropriate board office when they are terminating practice, retiring, or relocating, and no longer available to patients, specifying who the new records owner is and where medical records can be found. (14) Whenever a records owner has turned records over to a new records owner, the new records owner shall be responsible for providing a copy of the complete medical record, upon written request, of the patient or the patient's legal representative. (15) Licensees in violation of the provisions of this section shall be disciplined by the appropriate licensing authority. (16) The Attorney General is authorized to enforce the provisions of this section for records owners not otherwise licensed by the state, through injunctive relief and fines not to exceed $5,000 per violation. (17) A health care practitioner or records owner furnishing copies of reports or records or making the reports or records available for digital scanning pursuant to this section shall charge no more than the actual cost of copying, including reasonable staff time, or the amount specified in administrative rule by the appropriate board, or the department when there is no board. (18) Nothing in this section shall be construed to limit health care practitioner consultations, as necessary. (19) A records owner shall release to a health care practitioner who, as an employee of the records owner, previously provided treatment to a patient, those records that the health care practitioner actually created or generated when the health care practitioner treated the patient. Records released pursuant to this subsection shall be released only upon written request of the health care practitioner and shall be limited to the notes, plans of care, and orders and summaries that were actually generated by the health care practitioner requesting the record. (20) The board with department approval, or the department when there is no board, may temporarily or permanently appoint a person or entity as a custodian of medical records in the event of the death of a practitioner, the mental or physical incapacitation of a practitioner, or the abandonment of medical records by a practitioner. Such custodian shall comply with this section. The department may contract with a third party to provide these services under the confidentiality and disclosure requirements of this section.

If a patient wants Duplicating Medical Records what are the cost one can charge per page for the first 25 pages vs exceeding more than 25 pages or more? (1) Any person licensed required to release copies of reports or patient medical records, or make reports or records available for digital scanning, may condition such release upon payment by the requesting party of no more than the reasonable costs of reproducing the records, including reasonable staff time. (2) Reasonable costs of reproducing copies of written or typed documents or reports shall not be more than the following:

(a) For the first 25 pages, the cost shall be $1.00 per page. (b) For each page in excess of 25 pages, the cost shall be $.25 per page. (3) Reasonable costs of reproducing x-rays and such other kinds of records shall be the actual costs. "Actual costs" means the cost of the material and supplies used to duplicate the record and the labor and overhead costs associated with the duplication.

Requirement for Instruction on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome= (1) Each licensee must complete at least one clock hour of HIV/AIDS education through a Board approved course no later than upon the licensee's first biennial renewal of licensure. The Board shall accept coursework from schools of physical therapy, provided such coursework was completed no more than five (5) years preceding initial licensure date. (2) To receive Board approval courses on HIV/AIDS shall be at least one hour and what are the following 5 subject areas? Can they can a home study course? . Requirements for Prevention of Medical Errors Education? (1) To receive Board approval for biennial renewal, courses on medical error prevention shall be two contact hours and include a study of root-cause analysis, error reduction and prevention, and patient safety, which shall encompass?components of physical therapy and patient management. (2) If the course is being offered by a facility licensed pursuant to Chapter 395, F.S., the Board may apply up to one hour of the two-hour course if specifically related to error reduction and prevention methods used in that facility (3) The course may be used as part of the home study continuing education hours. (4) Medical errors education courses approved by any Board within the Division of Medical Quality Assurance of the Department of Health pursuant to Section 456.003, F.S., are approved by this Board.

(a) Modes of transmission (b) Infection control procedures (c) Clinical management (d) Prevention (e) Florida law on AIDS and the impact on testing, confidentiality, and treatment. (yes) A home study course shall be permitted to fulfill this aspect of the HIV/AIDS education Medical error subject area: (a) Medical documentation and communication (b) Contraindications and indications for physical therapy management (c) Pharmacological

Continuing Education. (1) Every person licensed pursuant to chapter 486, F.S., shall be required to complete twenty-four contact hours of continuing education courses approved by the Board in the twenty-four months preceding each biennial renewal period as established by the Department. (2) A contact hour shall consist of fifty clock minutes. One half contact hour shall consist of twenty-five clock minutes. One continuing educational unit (CEU) shall be considered equivalent to ten (10) contact hours. (3) Acceptable subject areas for physical therapy continuing education include professional ethics, clinical education, clinical practice, clinical research, clinical management, clinical science, Florida law relating to physical therapy, basic sciences, risk management, and HIV/AIDS. No more than five contact hours of courses in risk management shall be accepted within a biennium. Up to three contact hours in HIV/AIDS education pursuant to rule chapter 64B17-8, F.A.C., may be included in the 24 contact hours. Up to three contact hours in prevention of medical errors education pursuant to rule chapter 64B17-8, F.A.C., may be included in the 24 contact hours. (4) The Board will accept up to twelve contact hours for home study during a biennium. (5) Course instructors providing continuing education to licensees under this chapter shall receive up to six contact hours credit per biennium. This shall be awarded on a contact hour for each contact hour presented. However, instructors teaching their normal course of instruction shall not be granted contact hours toward their continuing education. (6) Clinical Instructors shall receive 1 contact hour for every 160 hours of clinical internship limited to a maximum of 6 contact hours per instructor per bienium. Clinical instructors must be credentialed by the American Physical Therapy Association (APTA) to receive clinical continuing education credits. (7) The Board approves for continuing education credit: (a) Courses sponsored by a program in physical therapy at a college or university which provides a curriculum for training physical therapists or physical therapist assistants, when approved by the physical therapy or physical therapist assistants program, which is accredited by, or has status with an accrediting agency approved by the United States Department of Education. One credit hour is the equivalent of one contact hour. (b) Courses sponsored or approved by the American Physical Therapy Association. (c) Courses sponsored or approved by the Florida Physical Therapy Association, so long as they meet the criteria set forth in subsection 64B17-9.001(3), F.A.C. (d) Attendance at Florida Board meetings where disciplinary cases are being heard if the licensee is not on the agenda or appearing for another purpose. The number of risk management contact hours for such attendance is based on the definition of contact hour as set forth in subsection. (e) Former Board members who serve on the Board's Probable Cause Panel shall receive five contact hours of continuing education risk management credit per biennium for their service on the Panel. (f) Licensees who file DOH form #DH-MQA 1144, "Application Materials For The Florida Laws and Rules Examination," (revised 5/15), incorporated herein by reference, which is available through www.floridasphysicaltherapy.gov/resources, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-05841, and take and pass the Florida laws and rules examination shall receive 34 Florida Board of Physical Therapy- Laws and Rules- Rev. 09/2019 two (2) hours of continuing education per biennium. The continuing education credit shall be awarded only for the biennium in which the examination was taken and passed. Continuing education credit shall not be awarded to licensees who take and pass the examination as a result of a disciplinary proceeding or as a board ordered condition of initial licensure or reinstatement. (8) The Board shall make exceptions for licensees from the continuing education requirements including waiver of all or a portion of these requirements or the granting of an extension of time in which to complete these requirements upon a finding of good cause by majority vote of the Board at a public meeting following receipt of a written request for exception based upon emergency or hardship.

1) 24 CEU hrs every 2 years 2)

1. According to the legislative intent and requirements, all of the following are true EXCEPT: (A) Neither the department nor any board may create unreasonably restrictive and extraordinary standards that deter qualified persons from entering the various professions. Neither the department nor any board may take any action that tends to create or maintain an economic condition that unreasonably restricts competition, except as specifically provided by law. (B) Either the department or any board may create a regulation that has an unreasonable effect on job creation or job retention in the state or that places unreasonable restrictions on the ability of individuals who seek to practice or who are practicing a profession or occupation to find employment (C) Neither the department nor any board may create a regulation that has an unreasonable effect on job creation or job retention in the state or that places unreasonable restrictions on the ability of individuals who seek to practice or who are practicing a profession or occupation to find employment. (D) The Legislature shall evaluate proposals to increase the regulation of regulated professions or occupations to determine the effect of increased regulation on job creation or retention and employment opportunities.

1) B (456.003 (4) (B) Either the department or any board may create a regulation that has an unreasonable effect on job creation or job retention in the state or that places unreasonable restrictions on the ability of individuals who seek to practice or who are practicing a profession or occupation to find employment

What is the legislative intent?

1) To ensure every physical therapy practitioner practicing in Florida meets minimum requirements for safe practice. 2) Prevents practitioners who fall below minimum competency or who presents danger to the public is prohibited from practicing in Florida

1. If a physical therapist assistant's license becomes inactive, one may reactivate it by doing the following: A) Completing as many continuing education courses as months inactive B) Completing up to 10 classroom hours of continuing education courses per year inactive C) Provide evidence that they have actively engaged in practice of PT in good standing in another state for the 2 years immediately preceding the filing of an application for reinstatement D) Pay a special reactivation fee not to exceed $300

1) b - 486.085

1. If your license has been suspended for being unable to provide PT treatment with reasonable skill and safety you will be given the opportunity to demonstrate that you can resume competent practice? A) In 30 days B) in 6 months C) at license renewal time D) at reasonable intervals

1) d- 51.011 pg 10

What is the Reinstatement of License process?. In order to demonstrate the present ability to safely practice physical therapy, a licensee shall submit evidence which may include, as applicable: (a) Completion of continuing education courses required by the final order (b) Submission of evaluations of mental and/or physical examinations by appropriate professionals which attest to the licensee's present ability to safely engage in practice, or conditions under which safe practice can be attained (c) Compliance with prescribed treatment within a program designed to alleviate alcohol, drug, or other chemical dependencies, including necessary aftercare measures or a plan for continuation of such treatment as appropriate (d) If action was taken against the license based on conviction or being found guilty of, or entry of a plea of nolo contendere to, a crime, proof that all criminal sanctions imposed by the court have been satisfied (e) If discipline was imposed against a Florida license based on action taken against the license or authority to practice by the licensing authority of another jurisdiction, proof that the licensee has satisfied all terms and conditions imposed by that licensing authority (f) The licensee's employment history, personal and professional references, or other factors not enumerated, which demonstrate the licensee's rehabilitation and present ability to safely engage in the practice of physical therapy. All petitions for reinstatement or removal of restrictions must contain sufficient facts to allow the Board to determine the licensee's compliance with the final order and present ability to safely practice. The licensee must submit all documentation supporting the petition prior to the Board meeting at which the Board will consider the petition. If the Board reinstates the license of the petitioner, it may order reasonable conditions of probation or participation in the Professional Resources Network (PRN), as those conditions are related to the violations that resulted in the final order imposing discipline. In determining whether to impose conditions or PRN participation, the Board will consider how long the licensee has been out of practice, whether and to what extent practice problems led to the disciplinary action, and whether mental, physical, or 32 Florida Board of Physical Therapy- Laws and Rules- Rev. 09/2019 substance abuse problems led to the disciplinary action.

1) petition the board to remove the restriction or suspension 2) The Board shall reinstate a suspended license, or remove restrictions, upon its finding that the licensee has complied with all terms and conditions of the final order and the licensee possesses the present ability to safely practice physical therapy. 3) The petition must contain all requires and the ability to safely practice PT

What are the HIV/AIDS and medical error CEU requirement?

1. HIV/AIDS -1 hour (provided such coursework was completed no more than five (5) years preceding initial licensure date) 2. medical error prevention- 2 hours

1. How much notice should patient receive about Medical Records if Deceased, Relocating, or Terminating Practice Physical Therapists or Physical Therapist Assistants? 2. Licensees relocating or terminating practice. Each licensee engaged in practice, who maintains the responsibility for client/patient medical records, shall, when terminating or relocating the practice, notify each client/patient of such termination or relocation? Shall ensure that the executor, administrator, personal representative or survivor of such licensee shall arrange to maintain those medical records in existence upon the death of the licensee for a period of at, the executor, administrator, personal representative or survivor shall cause to be published in the newspaper of greatest general circulation in the county where the licensee practiced, a notice indicating to the clients/patients of the deceased licensee that the licensee's medical records are available to the clients/patients or their duly constituted representative from a specific person at a certain location.

1. Published in the newspaper which shall contain the date of termination or relocation and an address at which medical records may be obtained for least 4 weeks. 2. Put up a sign for 30 days about the termination or relocation remain until the date of termination or relocation 3. Both the notice and the sign shall advise the clients/patients of their opportunity to transfer or receive their medical records 4. Client/patient records are maintained and may be obtained by the client/patient for a minimum of two (2) years after the termination or relocation of practice 5. Each licensee engaged in practice does they have to maintains the responsibility for client/patient medical records for 2 years. 6. For least two (2) years from the date of the death of the licensee. (b) Within one (1) month from the date of death of the licensee 7. No, after 22-months for four (4) consecutive weeks, in the newspaper of greatest general circulation in the county where the licensee practiced, a notice indicating to the clients/patients of the deceased licensee that client/patient records will be disposed of or destroyed one (1) month or later from the last day of the fourth week of publication of notice. 8. All client/patient records shall be disposed of in a manner that will secure the permanent confidentiality of records.

10. The minimum requirement for retention and disposition of client/ patient records of PT or PTA relocating and terminating practice include: all of the following EXCEPT? (A) Licensees should retain medical records as long as needed not only to serve and protect clients/patients, but also to protect themselves against adverse actions. (B) Notify each client/patient of such termination or relocation, in the newspaper of greatest general circulation in each county in which the licensee practices or practiced, a notice which shall contain the date of termination or relocation and an address at which medical records may be obtained. (C)Such notices shall be published no less than 4 times over a period of at least 2 weeks (D)The PT or PTA shall place in a conspicuous location in or on the facade of the licensee's office, a sign, announcing the termination or relocation of the practice. The sign shall be placed at least thirty (30) days prior to the termination or relocation and shall remain until the date of termination or relocation. (E) The PT or PTA shall see that client/patient records are maintained and may be obtained by the client/patient for a minimum of 2 years after the termination or relocation of practice.

10) B 64B17-6.0042 (B) Notify each client/patient of such termination or relocation, in the newspaper of greatest general circulation in each county in which the licensee practices or practiced, a notice which shall contain the date of termination or relocation and an address at which medical records may be obtained.

10. A licensed person required to release copies of a pt's medical record may request a reasonable payment for these copies. How much can the licensed person charge? A) $1 per page B) $1.50 per page C) $2 per page D) $ .50 per page PreviousNext

10) a - 64B17-6.0052A

10. The following are considered the sole responsibility of the Physical Therapist: EXCEPT: A) to assure competency in delegated skills relative to the tasks delegated B) to define the procedures to be used to train unlicensed personnel to perform patient care related tasks or activities within the practice. C) The establishment or revision of the physical therapy goals D) To document tasks and activities of patients during the patient treatment

10) d - 64B17-6.007 (2)

10. The following statements apply to changing your license status: EXCEPT A) Each board shall permit a licensee to choose, at the time of licensure renewal, an active, inactive, or retired status B) An active or inactive status licensee who chooses retired status at the time of license renewal must pay the retired status fee. C) An active or inactive statue licensee who chooses retired status at any time other than at the time of license renewal must pay the retired status fee plus a change-of-status fee. D) A licensee must apply with a complete application, as defined by the board, to renew an active or inactive status license before the license expires E) Each board shall not impose an additional fee for processing a licensee's request to change licensure status at any time other than at the beginning of a licensure cycle.

10.E (456.036)

2. The following acts shall constitute grounds for which the disciplinary actions may be taken: (A)Making misleading, deceptive, or fraudulent representations in or related to the practice of the licensee's profession. (B)Using a Class III or a Class IV laser device or product, as defined by federal regulations, without having complied with the rules adopted under s. 501.122(2) governing the registration of the devices. (C)Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the department against another licensee. (D)Aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to this chapter, the chapter regulating the profession, or the rules of the department or the board. (E) Making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, or willfully impeding or obstructing another person to do so. Such reports or records shall include only those that are signed in the capacity of a licensee. (F) All of the above are true

2) F 456.072 (F) All of the above are true

2. Which of the following is false regarding a delinquency status? A) A license not renewed at the end of the biennium as described by the Department automatically reverts to a delinquency status B) Since a delinquent status is null, fees no longer apply C) Delinquent status automatically revokes the privilege to practice in Florida D) If a delinquent license becomes null, any subsequent licensure shall be as a result of applying for and meeting all requirements at time of application

2) b- 486.085

2. Which of the following are Physical Therapist allowed to perform with fees received for professional services? A) Divide with the person referring the patient B) Profit by means of credit C) In a properly organized business - divide the total fees among themselves D) Transfer and/or assign the fees

2) c - 486.125 (3f)

3. Which of the following is true regarding change of address? A) The Board of Physical Therapy Practice must be notified within 30 days of change of address B) The licensee shall notify the Board office by e-mail or fax regarding the updated address C) If a licensee moves outside Florida, they must notify only the Board office of the new state of residence, of the address within 30 calendar days D) Within 60 day of changing their address whether or not within Florida, the licensee shall notify the Board office in writing of the new address

3) d - 64B17-7.004

3. In order for the department to reactivate a P.T.'s inactive or delinquent license the following must occur: If Applicable A) Biennial renewal fee is paid B) Delinquency fee is paid C) Both biennial renewal and delinquency fees are paid D) Reactivation fee is paid E) All of the above

3.E (486.085)

4. A PTA license can have 4 different statuses. Which of the following is not one of them? A) Active B) delinquent C) inactive D) re-activated E) retired

4) D

5. A Physical Therapist Assistant regulated through the Division of Medical Quality Assurance of the department shall not be civilly or criminally liable for the disclosure of otherwise confidential information to a sexual partner or a needle-sharing partner under the following circumstances: EXCEPT: (A)A PTA regulated through the Division of Medical Quality Assurance of the department shall be civilly or criminally liable for failure to disclose information relating to a positive test result for human immunodeficiency virus of a patient to a sexual partner or a needle-sharing partner (B)If a patient , who has tested positive for HIV discloses to the practitioner the identity of a sexual partner or a needle-sharing partner (C)The PTA recommends the patient notify the sexual partner or the needle-sharing partner of the positive test and refrain from engaging in sexual or drug activity in a manner likely to transmit the virus and the patient refuses, and the PTA informs the patient that they will inform the sexual partner or needle-sharing partner (D)If pursuant to a perceived civil duty or the ethical guidelines of the profession, the PTA reasonably and in good faith advises the sexual partner or the needle-sharing partner of the patient of the positive test and facts concerning the transmission of the virus.

5) A 456.061 (A)A PTA regulated through the Division of Medical Quality Assurance of the department shall be civilly or criminally liable for failure to disclose information relating to a positive test result for human immunodeficiency virus of a patient to a sexual partner or a needle-sharing partner

5. A complaint has been brought against a PTA for a violation of law with a patient. How many days does the department have to notify the Division of Administrative Hearings after a receipt of petition or request of a formal hearing? A) 45 days B) 30 days C) 365 days D) 90 days

5) a - 456.073 (5

5. Which of the following are true regarding licensure status? A) Each board shall by rule impose an additional fee, not to exceed the biennial renewal fee for an active status license, for processing a licensee's request to change licensure status at any time other than at the beginning of a licensure cycle. B) Reactivation requirements may differ depending on the length of time licensees are inactive. The costs to meet reactivation requirements shall be borne by licensees requesting reactivation. C) Before reactivation, an inactive status licensee or a delinquent licensee who was inactive prior to becoming delinquent must meet the same continuing education requirements, if any, imposed on an active status licensee for all biennial licensure periods in which the licensee was inactive or delinquent. D) The status or a change in status of a licensee does not alter in any way the right of the board, to impose discipline or to enforce discipline previously imposed on a licensee for acts or omissions committed by the licensee while holding a license, whether active, inactive, retired, or delinquent. E) All of the above are true

5) e 486.036

6. During a disciplinary action against a PTA, who shall issue the final summary order for any proceeding for the purpose of suspension or restriction of the license? A) State Attorney General C) Judge Advocate B) State Surgeon General D) Supervisor of Rehab Department

6) B -456.073 (8)

6. All of the following are requirements for Prevention of Medical Errors Education; EXCEPT: (A) To receive Board approval for biennial renewal, courses on medical error prevention shall be two contact hours (B) include a study of root-cause analysis, error reduction and prevention, and patient safety, which shall encompass:Medical documentation and communication; Contraindications and indications for physical therapy management; and Pharmacological components of physical therapy and patient management. (C)Applicants for initial licensure must have completed at least one contact hour of medical error education (D)The course may be used as part of the home study continuing education hours.

6) C 64B17-8.002 (C)Applicants for initial licensure must have completed at least one contact hour of medical error education

6. A PTA has been on inactive status for more than two biennial licensure cycles and has decided to reactivate their license. The board may impose reasonable conditions to ensure the skill of the PTA and safety towards the public. What condition is excluded? A) Full re-examination B) partial re-examination C) special purpose exam D) applicable fees

6) a -456.036 (a)

6. Sexual misconduct in the practice of Physical Therapy means? Which of the following would be considered sexual misconduct? A) Use of therapist-patient relationship to induce the patient to engage in sexual activity outside the scope of practice B) To attempt to induce patient in sexual activity outside the scope of generally accepted examination and treatment C) To engage patient in sexual activity outside the scope of generally accepted examination and treatment D) To attempt to engage patient in sexual activity outside the scope of generally accepted examination and treatment E) All of the above F) A & C only

6.E (486.123)

7. Which of the following statements is true? A) The state will protect the residents of Florida and visitors alike by insuring that only those who have received the proper education and training are licensed to perform/deliver health/medical services B) The state will protect only the residents of Florida by insuring that only those who have received the proper education and training are licensed to perform/deliver health/medical services C) The state does not protect anybody by insuring that only those who have received the proper education and training are licensed to perform/deliver health/medical services

7) a - 456.065 (1)

7. In order for a PTA to have general supervision, they must A) Be employed by a board certified orthopedic physician, physiatrist, or chiropractic physician certified in physiotherapy B) Be able to reach their PT at all times C) Be in the same geographical location as the PT D) All of the above

7) d 64B17-6.0011F

7. As a graduate of an accredited program but not yet licensed therapist you may: A) Practice physical therapy B) Use the name "Physical Therapist Assistant" or any title to lead the public to believe you are licensed C) Attempt to practice physical therapy D) Obtain a license through fraudulent misrepresentation E) None of the above F) All of the above

7.E (486.107)

8. A PT's and/or PTA's responsibilities to a patients' rights and dignity include: EXCEPT: (A) The primary concern of the physical therapist and physical therapist assistant is always the safety, well being, and best interest of the patient. (B) Physical therapists and physical therapist assistants shall safeguard the confidentiality of information and require oral consent from the patient or legally authorized representative prior to releasing information to a third party not involved in the actual care. (C)It is the responsibility of the licensee to communicate effectively to the patient the treatment evaluation process and techniques to be used in any procedures before beginning treatment and anytime during the course of the treatment process. (D)PT's and PTA's should not blatantly disregard a patient's modesty and shall neither suggest nor engage in sexual activities with patients under their care

8) B 64B17-6.001 (2) (B) Physical therapists and physical therapist assistants shall safeguard the confidentiality of information and require oral consent from the patient or legally authorized representative prior to releasing information to a third party not involved in the actual care.

8. When must a notice be published indicating to the clients/patients of the PTA's death? Within: A) 1 month B) 2 months C) 6 months D) 1 year

8) a - 64B17-6.000423B

8. Whenever the department receives a written or oral legally sufficient complaint alleging that a licensee under the jurisdiction of the Division of Medical Quality Assurance within the department is impaired as a result of the misuse or abuse of alcohol or drugs, or both, or due to a mental or physical condition which could affect the licensee's ability to practice with skill and safety, and no complaint against the licensee other than impairment exists, the reporting of such information shall not constitute grounds for discipline or the corresponding grounds for discipline within the applicable practice act if the probable cause panel of the appropriate board finds: EXCEPT A) The licensee has acknowledged the impairment problem B) The licensee has voluntarily enrolled in an appropriate, approved treatment program. C) The licensee has voluntarily withdrawn from practice or limited the scope of practice as required by the consultant D) the department has not received a legally sufficient complaint and the licensee agrees to withdraw from practice until such time as the consultant determines the licensee has satisfactorily completed an approved treatment program or evaluation, the probable cause panel shall become involved in the licensee's case.

8) d - 456.076 ( 9a)

8. All of the following are correct concerning the application fee EXCEPT: A) By check or money order payable to the Department of Health B) Refundable and may be used for unlimited time C) Is $100 for taking the National exam D) Is $25 for the Florida Laws and Rules exam

8.B (486.107)

9. Physical Therapist - Physical Therapist Assistant responsibilities and supervisory relationships include: (A) Regardless of the setting, PT's and PTA's shall abide by all Federal and State Laws and regulations related to the particular site of practice. (B) During an acute phase of injury or illness, or while the patient is an inpatient in a hospital, the PTA requires general supervision (C)The physical therapist can delegate portions of the skilled physical therapy functions or tasks to any lesser trained health practioner. (D)Unlicensed support personnel may be utilized to help in the treatment being provided by a licensed PT or PTA. Such personnel shall perform such acts only under the direct supervision of a physical therapist or physical therapist assistant (E) All of the above (F) Only A and D are correct (G)A, B, and D are correct

9) F 64B17-6.001 (5) (F) Only A and D are correct

9. After a licensee is terminated or has relocated, how long must they maintain a clients/patients medical record? A) 1 month B) 18 months C) 2 years D) 5 years

9) c - 64B17-6.00423A

9. Unlicensed support personnel may initiate specific treatment interventions they have previously performed: A) When the PT is accessible by two way communication B) When the PT is off-site due to an emergency C) When the intervention is clearly described in the previous progress note D) None of the above

9) d - 64B17-6.001

2 AN ATHLETIC TRAINER IS EMPLOYED IN AN OUTPATIENT PHYSICAL THERAPY CENTER TO ASSIST IN THE DELIVERY OF PATIENT CARE TREATMENT WITH DIRECT SUPERVISION BY THE PHYSICAL THERAPIST. THE ATHLETIC TRAINER MAY DOCUMENT WHICH OF THE FOLLOWING? A. Tasks and activities of patients during treatment B. Evaluation of a physical therapy patient C. Re-evaluation of a physical therapy patient D Patient progress notes during treatment

A

8. Which of the following describes reasons in which a licensee may be granted an extension or exemption of continuing education courses? A) Long term personal illness or illness involving a close relative or person for whom the licensee has care-giving responsibilities B) The licensee did not have enough time to finish the required continuing education courses C) There were not any continuing education courses offered in the licensee's city D) The licensee did not know about continuing education courses

A) Long term personal illness or illness involving a close relative or person for whom the licensee has care-giving responsibilities

1. Which of the following requirements must every physical therapy practitioner meet in order to ensure safe practice within the state of Florida? A) Minimum requirements C) Standard requirements B) Average requirements D) Ethical requirements

A) Minimum requirements 486.015

4. Which of the following provisions are considered a misdemeanor of the first degree A) Using a suspended/revoked license to practice PT B) Obtaining a license by fraudulent misrepresentation C) Falsely representation as a PT/PTA D) Making any willfully false oath/affirmation when a oath or affirmation is required E) All of the above

A) Using a suspended/revoked license to practice PT B) Obtaining a license by fraudulent misrepresentation C) Falsely representation as a PT/PTA D) Making any willfully false oath/affirmation when a oath or affirmation is required E) All of the above 486.151

2. Supervision that requires the physical presence of a licensed PT in order for consultation and direction of actions of a PTA? A) On-site B) Direct C) General D) In close proximity

B) Direct 486.021 (9)

3. Which of the following interventions is PROHIBITED for A PT/PTA to perform under the Florida Law? A) Neuromuscular functions tests C) Electromyography B) Specific Spinal Manipulation D) Acupuncture

B) Specific Spinal Manipulation 486.021 (11C)

1 APPROPRIATE GENERAL SUPERVISION OF A PHYSICAL THERAPIST ASSISTANT IN AN OUTPATIENT SETTING REQUIRES: A. Direct supervision by the physical therapist. B. On-site supervision by the physical therapist. C. Communication accessibility and geographic proximity by the physical therapist. D. Direct supervision by the referring physician.

C

6. A physical therapist assistant who is renewing their license must complete how many contact hours of continuing education in the 2 year renewal period preceding each biennale renewal. A) 26 B) 32 C) 24 D) 35

C) 24

4. You are allowed to take the licensing exam: A) As many times as it takes to pass the exam B) 3 times C) 5 times D) Once each year until you pass

C) 5 times (486.104)

5. A PTA requires the PT to be readily/physically available for consultation during the treatment of a patient in which of the following scenarios? A) The US treatment of a patient with cervical/upper trapezius pain at an outpatient clinic B) PROM applied to the shoulder of a patient rehabilitating from a type IV SLAP tear at an outpatient clinic C) Exercising a patient rehabilitating from the acute phase of a rotator cuff repair in an inpatient setting in a hospital D) Applying TENS with cryocompression to a patient receiving home health care treatment for a knee replacement

C) Exercising a patient rehabilitating from the acute phase of a rotator cuff repair in an inpatient setting in a hospital 64B17-6.001 (4B)

4. Which of the following is not a penalty if a person is found guilty of the applicable practice act? A) Placement of licensee on probation B) Refunding of fees billed and collected from the patient C) Imposition of an administrative fine of $15,000 D) Permanent revocation of a license

C) Imposition of an administrative fine of $15,000

3 WHICH OF THE FOLLOWING MAY A PHYSICAL THERAPIST DELEGATE TO A PHYSICAL THERAPIST ASSISTANT? A. Initial evaluation of a patient B. Re-evaluation of a patient C. Interpretation of the initial evaluation D Assessment of the patient's progress

D

10. In order to maintain a current active licensure, a physical therapist assistant must do the following: A) Renew every two years C) pay a fee not to exceed $200 B) Pay a fee not to exceed $150 D) A & B only E) A & C only

D) A&B only Renew every two years Pay a fee not to exceed $150 D) A & B only 486.108

7. A physical therapist assistant applying for initial licensure must show proof of completion of which of the following courses. A) Domestic violence training B) HIPAA C) CPR D) Medical errors

D) Medical errors 64b17-8.002 (2)

2. The practice of physical therapy includes: EXCEPT A) Assessment and treatment of any disability, injury, disease, or other health condition of human beings B) When no penetration of the skin occurs; the use of radiant energy, including ultraviolet, radiant energy, ultrasound, and water C) Referring patients to licensed healthcare practitioners if the patient's condition is found to be outside the scope of P.T. D) Treatment of patient beyond 21 days for a condition not previously assessed by a practitioner of record.

D) Treatment of patient beyond 21 days for a condition not previously assessed by a practitioner of record.

9. The requirement for instruction on HIV and AIDS includes: EXCEPT A) Modes of transmission, infection control procedures, clinical management, prevention B) Florida law on AIDS and the impact on testing, confidentiality, and treatment C) Each licensee must complete one clock hour per biennial renewal D) Can be a home study course E) Courses must be approved by any Board within the Division of Medical Quality Assurance of the Department of Health.

E) Courses must be approved by any Board within the Division of Medical Quality Assurance of the Department of Health.

1. A health care provider may refer a patient to an entity in which they are an investor, if they provide the patient with a written disclosure informing the patient : A) After the referral that there is an investment interest B) The name and address of each applicable entity in which they are an investor C) The patient has the right to obtain item(s) or service(s) from that location or from a location of the patient choice D) Names and addresses of at least 1 alternative source E) Only B & C are correct F) All of the above

E) Only B & C are correct

9. Which of the following is not a requirement in prevention of medical errors education? A) Contraindications and indications for physical therapy management B) Medical documentation and communication C) Error reduction and prevention D) Pharmacological components of physical therapy and patient management E) Shall be three contact hours for each biennial renewal

E) Shall be three contact hours for each biennial renewal 64b17-8.002

3. Which of the following is not grounds for disciplinary action? A) Entering a plea of nolo contendere to a crime which relates to the ability to practice B) Using a class III laser -device C) Procuring an unlicensed person to practice contrary to rules of the board D) intentionally violating any rule adopted by the board E) maintaining acceptable standards of physical therapy practice as set forth by the board

E) maintaining acceptable standards of physical therapy practice as set forth by the board

At the conclusion of a 22-month period of time from the date of death of the licensee or thereafter is the executor of the business of the hook from release patients records? shall cause to be published once during each week?

NO! 7. No, after 22-months for four (4) consecutive weeks, in the newspaper of greatest general circulation in the county where the licensee practiced, a notice indicating to the clients/patients of the deceased licensee that client/patient records will be disposed of or destroyed one (1) month or later from the last day of the fourth week of publication of notice. 8. All client/patient records shall be disposed of in a manner that will secure the permanent confidentiality of records.

Physical Therapist Assistant Responsibilities. Physical therapist assistants shall: (a) Not initiate or change treatment without the prior assessment and approval of the physical therapist. (b) Not provide services to a patient who is an inpatient in a hospital or who is in the acute phase of injury or illness unless the physical therapist is readily and physically available to provide consultation. (c) Not carry out treatment procedures detrimental to the patient or for which the assistant is not qualified. (d) Report all untoward patient responses or change in medical status to the physical therapist. (e) Refer inquiries regarding patient prognosis to the physical therapist. (f) Discontinue immediately any treatment procedures which in the assistant's judgment appear to be harmful to the patient and shall report them to the physical therapist. (g) When participating in student programs, ensure that the academic programs are accredited or in candidacy by the appropriate accrediting agency recognized by statute, and that the physical therapist assistant provides direct supervision when students are performing patient care activities.

Physical Therapist - Physical Therapist Assistant Responsibilities and Supervisory Relationships. (a) Regardless of the setting, physical therapists and physical therapist assistants shall abide by all Federal and State Laws and regulations related to the particular site of practice. (b) During an acute phase of injury or illness, or while the patient is an inpatient in a hospital, the physical therapist shall be readily and physically available for consultation to the physical therapist assistant. (c) Delivery of Care: 1. During the delivery of physical therapy care by the physical therapist assistant to patients who are **not inpatients in a hospital, or who are not in the acute phase of injury or illness, the physical therapist shall be accessible at all times by telecommunication and shall be within the same geographic location as the assistant** The physical therapist shall be readily available to the physical therapist assistant with emphasis placed on directing the assistant through frequent reporting, both verbal and written and frequent observations of the care rendered to the patient. (d) The physical therapist shall not delegate portions of the skilled physical therapy functions or tasks to any lesser trained health personnel than the physical therapist assistant. (6) The school setting. The physical therapist shall keep abreast of special knowledge and skills implicit in school settings and shall practice in accordance with the previous stated standards. (7) Unlicensed Supportive Personnel may be utilized to help in the treatment being provided by a licensed physical therapist or licensed physical therapist assistant. Such personnel shall perform such acts only under the direct supervision of a physical therapist or physical therapist assistant.

Physical Therapy Personnel Responsibilities In General. Physical therapy is a profession involving skilled practice of patient care. The primary concern of the physical therapist and physical therapist assistant is always the safety, well being, and best interest of the patient who must therefore recognize and carry out services consistent with legal rights and personal dignity of the patient. Accordingly, it is the responsibility of all physical therapists and physical therapist assistants to: (a) Communicate effectively to the patient the treatment evaluation process and techniques to be used in any procedures before beginning treatment and anytime during the course of the treatment process. (b) Safeguard the confidentiality of information and require written consent from the patient or legally authorized representative prior to releasing information to a third party not involved in the actual care. (c) Avoid acts which blatantly disregard a patient's modesty and neither suggest nor engage in sexual activities with patients under their care. (d) Neither use nor participate in the use of any form of communication containing false, fraudulent, misleading, deceptive, unfair or sensational statement or claim, nor use bribery in any form, nor use false advertising, nor misrepresentation of services or self, nor engage in other unprofessional conduct, including, but not limited to, 1. Inaccurately recorded, falsified, or altered patient records; 2. Falsely representing or misrepresenting facts on an application for employment; 3. Impersonating or acting as a proxy for an applicant in any examination for certification or registration; 4. Impersonating another certified or registered practitioner or permitting another to use his or her license for the purpose of practicing physical therapy or receiving compensation; 5. Providing false or incorrect information regarding the status of licensure. (e) Not exploit the patient or client for the financial gain of the licensee or a third party. (f) Practice physical therapy with that level of care, skill, and treatment which is recognized by a reasonably prudent similar physical therapy practitioner as being acceptable under similar conditions and circumstances. (3)

Physical Therapist Responsibilities. Physical therapists shall: (a) Be professionally responsible for providing a referring practitioner, or a practitioner of record, with any information which will assist in the determination of an accurate medical diagnosis. (b) Not implement any plan of care that, in the physical therapist's judgment, is contraindicated. If the plan of care was requested by a referring practitioner, the physical therapist shall immediately notify the referring practitioner that he is not going to follow the request and the reasons for such refusal. (c) Not direct any function or task which requires the skill, knowledge, and judgment of the physical therapist. (d) Assume the responsibility for assessing the patient, identifying the level of acuity of illness, planning the patient's treatment program, and implementing and directing the program. (e) Hold primary responsibility for physical therapy care rendered under the therapist's direction and shall be available for consultation at all times. (f) Physical therapist's professional responsibilities include, but are not limited to: 1. Interpretation of the practitioner's referral. 2. Provision of the initial physical therapy assessment of the patient. 3. Initial identification and documentation of precautions, special problems, contraindications. 4. Development of a treatment plan including the long and short term goals. 5. Implementation of or directing implementation of the treatment plan. 6. Direction of appropriate tasks. 7. Reassessment of the patient in reference to goals and, when necessary, modification of the treatment plan. (g) When participating in student programs, ensure that the academic programs are accredited or in candidacy by the appropriate accrediting agency recognized by statute, and that the physical therapist provides direct supervision when students are performing patient care activities. (h) Keep written medical records justifying the course of treatment of the patient, including, but not limited to, initial physical therapy assessment, plan of treatment, treatment notes, progress notes, examination results, test results, and discharge summary.

To perform electromyography:

The PT must have completed 200 hours of testing humans under direct supervision of a Dr or PT that have met these qualifications & evidence showing you conducted a 100 test.

(b) Documentation that the applicant is licensed and in good standing in another state and has actively engaged in the practice of physical therapy for the four (4) years immediately preceding application for reactivation. For purposes of this paragraph, "actively engaged in the practice of physical therapy" means the applicant practiced at least four hundred (400) hours per year in a state or states where the applicant maintained licensure, or (c) Documentation of application for and successful passage of the National Physical Therapy Examination, including payment of all associated fees

True?

- Any individual, working or volunteering in a physical therapy setting, not holding a current license as a physical therapist or physical therapist assistant

Unlicensed personnel -

4. How long should the executor of the clinic release notification about the death?

Within one (1) month from the date of death of the licensee

If you move or change your address how many days should you write to the board letting them know?

Within sixty days of changing this address, whether or not within this state, the licensee shall notify the Board office in writing of the new address

3. If you worked for a deceased Physical Therapists or Physical Therapist Assistants each licensee engaged in practice does they have to maintains the responsibility for client/patient medical records?

Yes, for 2 years

a) If a PT or PTA practices on a delinquent license, inactive status license and retired status license what is the minimum fine? b) The max fine is up $__________? c) Max penalty & fine? d) Second offense penalty & fine? e) After the second offense penalty & fine?

a) $1,000 and/or a letter of concern b) $5,000 and/or a letter of concern c) $5,000 fine 2 years license suspension & 2 years of probation d) from a minimum fine of $5,000 and/or two years of probation up to a maximum fine of $10,000 and/or revocation of license. e) from a minimum fine of $7,500 and/or six months of suspension followed by probation up to a maximum fine of $10,000 and/or revocation

a) True or False: Unlicensed personnel may be utilized to assist in the delivery of patient care treatment by the physical therapist & PTA? b) Can an unlicensed Personnel be supervised by the PTA? What type of supervision? c) Who has the is the sole responsibility of unlicensed personnel in a PT setting helping to treat patients and gives them the duties/task? d) who is ultimately responsibility for the patient's physical therapy treatment? e) When selecting delegation of treatment to supportive personnel what does the PT must consider before helping? . 1. The physical therapist shall define the procedures to be used to train unlicensed personnel to perform patient care related tasks or activities within the practice. 2. It is the responsibility of the physical therapist to insure that the necessary training occurred prior to the delegation of a patient care task or activity to unlicensed personnel.

a) False: Unlicensed personnel may be utilized to assist in the delivery of patient care treatment by the physical therapist (doesn't indicate the PTA because we assist the PT POF) b) Yes, the PTA can with direct supervision by the physical therapist or the physical therapist assistant c) sole responsibility of the physical therapist to consider the task delegated, select the appropriately trained personnel to perform the task, communicate the task or activity desired of the unlicensed personnel, verify the understanding by the unlicensed personnel chosen for the task or activity, and establish procedures for the monitoring of the tasks or activities delegate d) The physical therapist shall retain ultimate responsibility for the patient's physical therapy treatment e) shall be done with consideration of the education, training, and experience of the support personnel. It is the sole responsibility of the physical therapist to define and delineate the education, training, and experience required to perform duties within the physical therapy practice setting, in writing as a part of the practice policies and procedures (a) Education entails a technical or professional degree or certification in a specific practice area providing for background and experience (b) Qualification by training is the learning of tasks performed and delegated to individuals within the physical therapy practice.

a) If a PTA is performing patient-related activities for a board-certified orthopedic physician or licensed physiatrist what type of supervision is required by physical therapist? b) If a PTA is performing patient-related activities performed for all other health care practitioners licensed what type of supervision is required by the physical therapist?

a) general supervision but not on-site supervision b) on-site supervision by the PT

a) True or false With the exception of the required courses in the prevention of medical errors and HIV/AIDS, applicants who become licensed in the second half of the biennium are exempt from this continuing education requirement for their first renewal? b) What is the max hours one can get for HIV and/or medical errors in a year period? c) 1 CEU is worth how many minutes? d) How many CEU in the biennial renewal period can be home study? e) If you teach a CEU course how many in the biennial renewal period can be obtain? f) Clinical Instructors shall receive __ contact hour for every ___ hours of clinical internship limited to a maximum of __ contact hours per instructor per bienium. g) Former Board members who serve on the Board's Probable Cause Panel shall receive ___ contact hours of continuing education risk management credit per biennium for their service on the Panel? h) if you pass the florida laws test how many CEU?

a) true b) 3 c) 50 mins d) 12 hrs e) 6hrs f) __1 for every 160hrs of a max of 6hrs g) 5 hrs. h) 2 hrs

(a) - Supervision of subordinate personnel performing directed actions, while the licensed supervisor is immediately physically available. (b) - Supervision of a physical therapist assistant, other than by direct supervision, whereby the physical therapist is accessible at all times by two-way communication, available, to respond to an inquiry when made and readily available for consultation during the delivery of care, and is within the same geographic location as the physical therapist assistant

a- Direct Supervision b- General supervision

practice of physical therapy includes the use of _________ as aid to the diagnosis of any human condition only upon compliance with the criteria set forth the Board of Medicine.

electromyography

64B17-5.002 Exemption of Spouses of Members of Armed Forces from Licensure Renewal Provisions. A licensee who is the spouse of a member of the Armed Forces of the United States shall be exempt from all licensure renewal provisions for any period of time which the licensee is absent from the State of Florida due to the spouse's duties with the Armed Forces. true of false? The licensee must document the absence and the spouse's military status to the Board. The licensee is required to notify the Board of a change in status within six months of the licensee's return to the State of Florida or the spouse's discharge from active duty. If the change of status occurs within the second half of the biennium, the licensee is exempt from the continuing education requirement for that biennium true of false?

true

64B17-6.003 Minimum Qualification to Perform Electromyography. (1) Before a physical therapist may perform electromyography as an aid to the diagnosis of any human condition, he must be trained and competent in: (a) Inserting and adjusting electrodes. (b) Reading and identifying normal and abnormal signals on the grid. (c) Interpreting the audible signals. (2) In addition to the requirements of subsection (1) a physical therapist must receive no less than the following formal education within an accredited post-secondary educational institution: (a) Human dissection. (b) Human physiology. (c) Neurology. (d) Neuro-anatomy and neuro-physiology offered at a graduate level. (e) Pathological conditions. (3) In addition to having completed the formal study requirements of subsection (2) outlined above, the physical therapist must have completed 200 hours of testing human subjects under the direct supervision of a licensed physician or licensed physical therapist who has previously met these qualifications and should be able to present evidence of having performed 100 tests on neurologically involved patients, with findings corroborated by a licensed physician or licensed physical therapist who has previously met these qualifications

true

64B17-6.006 Administration of Topical Medications. Pursuant to a physician's prescription for the patient, a physical therapist may retain custody of that patient's non-scheduled legend topical medications and administer those medications to that patient. All prescription medication used in physical therapy treatment shall be properly dispensed by a Florida licensed pharmacist and administered only to the patient for whom the prescription was authorized

true