Florida Law Exam
It is unlawful for any person to
(a) practice PT or attempt to practice PT without an active license (b) use or attempt to use a license to practice PT which is suspended or revoked (c) obtain or attempt to obtain a license to practice PT by fraudulent misrepresentation (d) use the name or title "Physical Therapist" or "PTA" or any other name or title which would lead the public to believe that the person using the name or title is licensed to practice PT, unless such person holds a valid license (e) make any willfully false oath or affirmation whenever an oath or affirmation is required (f) knowingly conceal info relating to violations
when shall professions be regulated?
(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 statues, local ordinances, or federal legislation (c) less restrictive means of regulation are not available
Proceedings for PT/PTA
(b) Having committed fraud in the practice of physical therapy or deceit in obtaining a license as a physical therapist or as a physical therapist assistant. (c) Being convicted or found guilty regardless of adjudication, of a crime in any jurisdiction which directly relates to the practice of physical therapy or to the ability to practice physical therapy. The entry of any plea of nolo contendere shall be considered a conviction for purpose of this chapter. (d) Having treated or undertaken to treat human ailments by means other than by physical therapy, as defined in this chapter. (e) Failing to maintain acceptable standards of physical therapy practice as set forth by the board in rules adopted pursuant to this chapter. (f) Engaging directly or indirectly in the dividing, transferring, assigning, rebating, or refunding of fees received for professional services, or having been found to profit by means of a credit or other valuable consideration, such as an unearned commission, discount, or gratuity, with any person referring a patient or with any relative or business associate of the referring person. Nothing in this chapter shall be construed to prohibit the members of any regularly and properly organized business entity which is comprised of physical therapists and which is recognized under the laws of this state from making any division of their total fees among themselves as they determine necessary. (g) Having a license revoked or suspended; having had other disciplinary action taken against her or him; or having had her or his application for a license refused, revoked, or suspended by the licensing authority of another state, territory, or country. (h) Violating a lawful order of the board or department previously entered in a disciplinary hearing. (i) Making or filing a report or record which the licensee knows to be false. Such reports or records shall include only those which are signed in the capacity of a physical therapist. (j) Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities which the licensee knows or has reason to know that she or he is not competent to perform, including, but not limited to, specific spinal manipulation. (k) Violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto.
456.003 (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 must a licensee apply with to renew an active or inactive status license before the license expires? -what if they fail to do this before the license expires?
-a complete application -the license becomes delinquent in the license cycle following expiration
What does "physical therapy assistant" mean? 486.021 (6)
-a person who is licensed in accordance with the provisions of this chapter to perform 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 as set forth in rules adopted pursuant to this chapter. -Patient-related activities performed by a physical therapist assistant for a board-certified orthopedic physician or physiatrist licensed pursuant to chapter 458 or chapter 459 or a practitioner licensed under chapter 460 shall be under the general supervision of a physical therapist, but shall not require onsite supervision by a physical therapist. -Patient-related activities performed for all other health care practitioners licensed under chapter 458 or chapter 459 and those patient-related activities performed for practitioners licensed under chapter 461 or chapter 466 shall be performed under the onsite supervision of a physical therapist.
what can the board/department permit a licensee to choose at the time of licensure renewal?
-active -inactive -retired status
when can an inactive licensee change to active status
-at any time, if the licensee meets all requirements for active status
What acts constitute grounds for denial of a license or disciplinary action?
-being unable to practice PT with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition
designated health services
-clinical laboratory services, PT services, comprehensive rehab services, diagnostic-imaging services, and radiation therapy services
what does legislature find referral practices with conflicts of interests?
-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. -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
what does "direct supervision" mean? 486.021 (9)
-means supervision by a physical therapist who is licensed pursuant to this chapter. -Except in a case of emergency, direct supervision requires the physical presence of the licensed physical therapist for consultation and direction of the actions of a physical therapist or physical therapist assistant who is practicing under a temporary permit and who is a candidate for licensure by examination.
what must a retired status licensee do before the license is reactivated?
-meet the same requirements for CE's and pay any renewal fees imposed on an active status licensee for all biennial licensure periods during which the licensee was on retired status -does that mean pay all costs or just small fee?
what does an inactive status or delinquent licensee who was inactive prior to becoming delinquent must meet in terms of CE requirements?
-must meet the same CE requirements imposed on an active status licensee for all biennial licensure periods in which the licensee was inactive or delinquent
what must inactive status licensees choosing active status at the time of license renewal pay?
-must pay the active status renewal fee -any applicable reactivation fees as set by the board or department -if applicable, delinquency fee and the fee to change licensure status
what must inactive licensees choosing active status at any other time than at the time of license renewal pay?
-must pay the difference between the inactive status renewal fee and the active status renewal fee, if any exists -any applicable reactivation fees as set by the board or department -fee to change licensure status
what must active status licensee choosing inactive status at any other time than the time of license renewal pay?
-must pay the fee to change the licensure status
what must active status licensee choosing inactive status at the time of license renewal pay?
-must pay the inactive status renewal fee -if applicable, the delinquency fee and the fee to change licensure status
what must an active status or inactive status licensee who chooses retired status at the time of license renewal pay? how much?
-must pay the retired status fee -may not exceed $50 as established by rule of the board or department
what must an active status or inactive status licensee who chooses retired status at any other time than at time of license renewal pay?
-must pay the retired status fee plus a change-of-status fee
what can the board impose to assess current competency, necessary to ensure that a licensee who has been on *inactive status for more than two consecutive biennial licensure cycles* and who applies for active status can practice with care and skill sufficient to protect the health, safety, and welfare of the public?
-part of a national examination -special purpose examination -cannot impose full reexamination
What titles can not be used by a person who is not licensed or whose license has been suspended/revoked?
-physical therapist -physiotherapist -physical therapy -physiotherapy -registered physical therapist -licensed physical therapist -P.T., Ph.T., R.P.T., L.P.T.
What titles cannot be used by someone who is not a licensed PTA?
-physical therapist assistant -licensed physical therapist assistant -registered physical therapist assistant -physical therapy technician -P.T.A., L.P.T.A, R.P.T.A., P.T.T
486.125
-refusal, revocation, or suspension of license; administrative fines and other disciplinary measures
What shall policies by the department 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.
What if physical therapy treatment for a patient is required beyond 30 days for a condition not previously assessed by a practitioner of record?
-the physical therapist shall have a practitioner of record review and sign the plan. -The requirement that a physical therapist have a practitioner of record review and sign a plan of treatment does not apply when a patient has been physically examined by a physician licensed in another state, the patient has been diagnosed by the physician as having a condition for which physical therapy is required, and the physical therapist is treating the condition.
What does "physical therapy or physiotherapy" mean? 486.021 (8)
-these terms are identical and interchangeable with each other -means a health care profession
What CE credits are approved by the board?
-those courses sponsored by a college or university which provides a curriculum for training physical therapists or PTA's which is accredited by or has status with an accrediting agency approved by the US DOE -courses sponsored/approved by the Florida PT association or the APTA
If a probable cause exists that a licensee is unable to practice PT with reasonable skill and safety, what does the department have the authority to do?
-to submit a mental or physical examination by a physician designated by the department -if the licensee refuses to comply with such order, the department's order directing such exam may be enforced by filing a petition for enforcement in the circuit court where the license resides or serves as a physical therapy practitioner -in this case the liscensee shall not be named or identified by initials in any public court records or documents and the proceedings shall be closed to the public. The department shall be entitled to the summary procedure provided in 51.011
What is sexual misconduct in the practice of physical therapy?
-violation of the physical therapist-patient relationship through which the PT uses that relationship to induce or attempt to induce the pt to engage, or to engage or attempt to engage the pt, in sexual activity outside the scope of practice or the scope of generally accepted examination or tx of the pt.
can the board/department by rule impose a fee for renewal of an active or inactive status license? how much?
-yes -the renewal fee for the inactive status may not exceed the fee for an active status license
the board may adopt rules pursuant to what sections to implement section 456.036?
120.536(1) and 120.54
how many CE's must you complete to renew license biennially?
24 hours
486.109
Continuing education
486.021
Definitions
456.052
Disclosure of financial interest by production
486.135
False representation of licensure, or willful misrepresentation of fraudulent representation to obtain license, unlawful
456.053
Financial arrangements between referring health care providers and providers of health care services -aka Patient Self-Referral Act of 1992
486.015
Legislative Intent
456.003
Legislative intent; requirements
456.036
Licenses; active and inactive status; delinquency
Can the department or board create a regulation that has unreasonable effect on job creation or job retentions 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
No
Can the department or board create unreasonably restrictive and extraordinary standards that deter qualified persons from entering the various professions or take any action that tends to create or maintain an economic condition that unreasonably restricts competition, except as specifically provided by law?
No
Can the record of proceeding or the orders entered by the board in any proceeding be used against a PT/PTA in any other proceeding?
No
Does this subsection authorize a physical therapist to implement a plan of treatment for a patient currently being treated in a facility licensed pursuant to chapter 395?
No
Does the practice of physical therapy authorize a physical therapy practitioner to practice chiropractic medicine as defined in chapter 460, including specific spinal manipulation?
No, tor the performance of specific chiropractic spinal manipulation, a physical therapist shall refer the patient to a health care practitioner licensed under chapter 460.
How much can the board prescribe by rule for an application fee for inactive status, a renewal fee for inactive status, a delinquency fee, and a fee for the reactivation of a license?
None of these fees may exceed the biennial renewal fee established by the board for an active license
486.085
Physical therapist; renewal of license; inactive status; reactivation of license; fees
486.123
Sexual misconduct in the practice of physical therapy
486.015 (legislative intent)
The sole legislative purpose in enacting this chapter is to ensure that every physical therapy practitioner practicing in this state meets minimum requirements for safe practice. It is the legislative intent that physical therapy practitioners who fall below minimum competency or who otherwise present a danger to the public be prohibited from practicing in this state.
Can legislature 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?
Yes
Who is a practitioner of record?
a health care practitioner licensed under chapter 458, chapter 459, chapter 460, chapter 461, or chapter 466 and engaged in active practice is eligible to serve as a practitioner of record.
when can the board impose full reexamination to assess current competency?
a licensee who has been on retired status for more than 5 years -a licensee from another state who has not been in active practice within 5 years and who applies for active status
what will a violation of section 456.054 constitute?
a misdemeanor of the first degree, punishable as provided in s. 775.082/083 -in addition to any penalties or remedies provided -a violation of this section shall be grounds for disciplinary action by the respective board
What doe "Physical therapist" mean? 486.021 (5)
a person who is licensed and who practices physical therapy in accordance with the provisions of this chapter
What does "Physical therapy practitioner" mean? 486.021 (7)
a physical thearpist or physical therapist assistant who is licensed and who practices physical therapy in accordance with the provision of this chapter
A physical therapist may implement a plan of treatment developed by the physical therapist for a patient or provided for a patient by who?
a practitioner of record or by an advanced registered nurse practitioner licensed under s. 464.012.
When can a PT/PTA whose license is suspended or revoked be given an opportunity to demonstrate that he/she can resume the competent practice of PT with reasonable skill and safety?
at resonable intervals
board 458
board of medicine
board 459
board of osteopathic medicine
board 460
chiropractic
board 466
densitry
when must a delinquent licensee affirmatively apply with a complete application for active or inactive status?
during the licensure cycle in which a licensee becomes delinquent
When shall the board adopt rules establishing a procedure?
for the biennial renewal of licenses
Why does legislature believe that professions be regulated?
for the preservation of the health, safety, and welfare of the public under the police powers of the state
where shall the physician or health care provider post a copy of disclosure forms?
in a conspicuous public place in his/her office
486.153
injunctive relief
Are the use of roentgen rays and radium for diagnostic and therapeutic purposes and the use of electricity for surgical purposes, including cauterization physical therapy?
no
May someone who is not a PT represent themselves as a PT orally, in writing, in print, or by sign, directly or by implication, unless PT services are provided or supplied by a licensed PT?
no
does section 456.036 apply to a business establishment registered, permitted, or licensed by the department to do business?
no
does status or change in status of a licensee alter the right of the board to discipline or acts or omissions committed by the licensee while holding a license whether active, inactive, retired, or delinquent?
no
can a health care provider refer a patient to an entity in which the provider is an investor? unless?
no -unless prior to the referral, the provider furnishes the pt with a written disclosure form, informing the pt of: (a) existence of investment interest (b) name and address of each applicable entity the health care provider is an investor (c) pt's rights to obtain the items or services for which the pt has been referred at the location or from the provider or supplier of the pt's choice, including the entity in which the referring provider is an investor -names and addresses of at least two alternative sources of such items or services available to the pt
what does "physical therapy assessment" mean? 486.021 (10)
observational, verbal, or manual determinations of the function of the musculoskeletal or neuromuscular system relative to physical therapy, including, but not limited to, ROM of a joint, motor power, postural attitudes, biomechanical function, locomotion, or functional abilities, for the purpose of making recommendations for treatment
how can a person who has been denied renewal of licensure, certification, or registration under456.0635(3) regain licensure, certification, or registration?
only by meeting the qualifications and completing an application process for initial licensure as defined by the board -unless the person was denied under s.24, chapter 2009-223, Laws of Florida, btw July 2009-June 2012 is not required to retake exam
when may a licensee practice a profession?
only if the licensee has an active status license
board 463
optometry
What is the intent of the Legislature?
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.
board 465
pharmacy
board 461
podiatrist
486.151
prohibited acts; penalty
what if a delinquent licensee fails to become active/inactive before expiration of the current licensure cycle?
renders the license null without any further action by the board or department -any subsequent licensure shall be as a result of applying for and meeting all requirements imposted on an applicant for new licensure
How many hows of CEUs can the board prescribe by rule for reactivating a license?
requirements may not exceed 10 classroom hours for each year the license was inactive
comprehensive rehabilitation services
services provided by health care professionals licensed under part I or part II of chapter 468 or chapter 486 to provide speech, occupational, or PT services on an outpatient or ambulatory basis
who can apply for injunctive relief?
the department or any person, in the name of the state in any court of competent jurisdiction to enjoin any person from committing any act in violation. Such proceeding shall be in addition to and not in lieu of, any other penalty or remedy
What does "License" mean? 486.021 (3)
the document of authorization granted by the board and issued by the department for a person to engage in the practice of physical therapy
The physical therapist shall refer the patient to or consult with a practitioner of record if?
the patient's condition is found to be outside the scope of physical therapy.
what does "practice of physical therapy" mean? 486.021 (11)
the performance of physical therapy assessments and the treatment of any disability, injury, disease, or other health condition of human beings, or the prevention of such disability, injury, disease, or other condition of health, and rehabilitation as related thereto by the use of the physical, chemical, and other properties of air; electricity; exercise; massage; the performance of acupuncture only upon compliance with the criteria set forth by the Board of Medicine, when no penetration of the skin occurs; the use of radiant energy, including ultraviolet, visible, and infrared rays; ultrasound; water; the use of apparatus and equipment in the application of the foregoing or related thereto; the performance of tests of neuromuscular functions as an aid to the diagnosis or treatment of any human condition; or the performance of electromyography as an aid to the diagnosis of any human condition only upon compliance with the criteria set forth by the Board of Medicine.
What type of charge is a person who violates the provisions of prohibited acts? (486.151)
they are guilty of a misdemeanor of the first degree, punishable as provided in 775.082 or 775.083
what if a licensee who practices a profession with an inactive, retired, or delinquent license?
they are in violation of section 456.036, 456.072, and the board, or department if there's no board, may impose discipline on the licensee
When can a license that has become inactive be reactivated?
upon application to the department and completion of the requirements for reactivation under this section
When shall the department renew a license?
upon receipt of the renewal application and the fee set by the board not to exceed $200.
When can the department reactivate a license?
when the inactive licensee has paid any applicable biennial renewal or delinquency fee, or both and a reactivation fee -the licensee has met the CE requirements of subsection (3) or has fulfilled one of the following requirements for reactivation of a license: 1) provide evidence of satisfactory to the board that he/she has actively engaged in the practice of PT in good standing in another state for the 4 yrs immediately preceding the filing of an application for reactivation 2) makes application for and passes the examination as provided by 486.051 and pays the fee of no more than $100
what is legislative's intent on 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. ???
Can the board make exceptions from the requirements of the CEU's in emergency or hardship cases as provided by rule?
yes
Does the licensee have to maintain sufficient records to demonstrate compliance with CEU's?
yes
can a licensee change licensure status at any time?
yes
is it unlawful for any person to obtain or attempt to obtain a license under this chapter by any willful misrepresentation or any fraudulent representation?
yes
is sexual misconduct in the practice of PT prohibited?
yes
can the board/department impose a delinquency fee? how much?
yes -it may not exceed the biennial renewal fee for an active status license, on a delinquent licensee when such licensee applies for active or inactive status
can the board 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?
yes, but it cannot exceed the biennial renewal fee for an active status license