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Florida JurisprudenceExam
(4 Sets of Exams)
Florida Jurisprudence Exam
Set 1
- Legislative intent of the physical therapy board >>>> Is to ensure every
PT practitioner practicing in the state meets minimum requirements for safe
practice - Is the intent that persons desiring to engage in any lawful profession
canand are entitled to do so if qualified
- Professions should be regulated only >>>> The preservation of health,
safety,welfare of the public.
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- Professions shall be regulated when >>>> Unregulated practice may cause
harmto the public and that potential for harm outweighs the impact of regulation. - Neither of the department nor the board may >>>> Unreasonably restrict or
deterqualified people from licensure or competition/create regulation that affects
job creation or retention unreasonably. - Policies made should be >>>> Cost effective, maximize competition,
minimize li-censure costs, maximize public access to meetings. - Unless expressly specifically granted in statute, duties do not include
–
Change to the scope of physical therapy practice.
- “Practice of physical therapy” >>>> The performance and physical therapy
assess- ments and treatment of any disability, injury, disease, or other health condition ofhum>>>> or prevention of such.- Physical therapist treat by use of >>>> Physical, chemical, other air
properties, exercise, massage, acupuncture only by board of med compliance
with no skin penetration, UV, visible, infrared rays, ultrasound, water,
neuromuscular test onlywhen following the board of medicine.
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- If physical therapist may implement a plan of treatment provided >>>> A
prac-titioner of record or advanced practice RN. - A PT shall refer to our consult with a practitioner ofrecord if >>>> The
conditionis outside the scope of practice. - If PT treatment required beyond 30 days and not previously assessed by
a practitioner of record >>>> The PT must have plan of care signed by
practitioner record. - The PT does not need to have a plan of care signed within 30 days
when >>>> The patient has been physically examined by a doctor in a different
state,the patient has been diagnosed by physician is having a condition needing
PT, andthe PT is treating that condition. - The use of roentgen rays and radium for diagnosis is >>>> Not within
the PTscope of practice.
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- The physical therapist in Florida is not authorized to perform >>>> Any
chiro-practic medicine including spinal manipulation. - The subsection does not authorize the PTA to implement a plan of
treatment when >>>> The patient is being treated within the hospital, a.k.a. not
in anoutpatient setting. - The definition of a physical therapist within this document is >>>>
Referring topersons who practice and our license to practice physical therapy. - The physical therapy practitioner includes >>>> Physical therapists and
physicaltherapy assistants that are licensed and currently practice. - If physical therapy assistant is one who >>>> It’s a license to perform
patient related activities including physical agents whose license is in good
standing in the activities are performed under the direction of a physical
therapist. - A PTA working under a board-certified ortho doc or a physiatrist do or do
not still need PT supervision? >>>> Supervision by a physical therapist as
requiredalthough does not need to be on site.
get pdf at ;https://learnexams.com/search/study?query=
The Laws and Rules Examination has 40 scored questions and the content and approximate weights are:
- Legislative Intent and Definitions 25%
- Board Powers and Duties 5%
- Licensure and Examination 7.5%
- Patient Care 35%
- Disciplinary Action and Unlawful Practice 15%
- Consumer Advocacy 12.5%
1.1 Legislative intent: the sole purpose in chapter
ensure every PT/PTA in state meets min requirements for safe practice.
If PT/PTA fall below min competency or present a danger to the public be prohibited from practicing in this state.
1.1 Legislative intent: requirements:
(1) INTENT: if a person wants to be a PT/PTA, they are entitled to if qualified
1.1 Legislative intent: requirements: why regulated?
preservation of the health, safety, and welfare of the public under the POLICE powers of the state
1.1 Legislative intent: requirements: when regulated?
- practice can harm or endanger the health, safety, and welfare of the public
- public not effectively protected by other means, (other state statutes, local ordinances, or federal legislation).
- Less restrictive means of regulation are not available.
1.1 Legislative intent: requirements: restrictions
- Neither the department nor any board may take any action that tends to create or maintain an economic condition that unreasonably restricts competition
- 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.
- all expenditures are made in the most cost-effective manner to maximize competition, minimize licensure costs, and maximize public access to meetings
1.2 “Physical therapy” or “physiotherapy,”
deemed identical and interchangeable with each other, means a health care profession.
1.2 “Practice of physical therapy”
- assessments
- treatment or prevention of any disability, injury, disease, or other health condition of human beings
- physical, chemical, and other properties of air
- electricity
- exercise
- massage;
- acupuncture (only with compliance) when no penetration of the skin occurs
- radiant energy, including ultraviolet, visible, and infrared rays
- ultrasound;
- water
- apparatus and equipment
- performance of tests of neuromuscular functions (to aid diagnosis or treatment) of any human condition
- electromyography (aid in diagnosis of human condition – with compliance)
- implement a plan of treatment for a patient
if outside the scope of PT:
PT will refer the patient to or consult with a health care practitioner licensed under chapter 458, 459, 460, 461, or chapter 466,
how long can PT treat without a referral?
21 days
the PT will obtain a practitioner of record who will review and sign the plan (licensed under chapter 458, 459, 460, 461, or chapter 466 and engaged in active practice) if longer than 21 days.
May a PT use roentgen rays and radium for diagnostic and therapeutic purposes?
NO – outside the scope of PT.
May a PT use electricity for surgical purposes, including cauterization?
NO – outside the scope of PT
May a PT practice chiropractic medicine, including specific spinal manipulation?
NO – For specific chiropractic spinal manipulation, a PT will refer the patient to a health care practitioner licensed under chapter 460.
Nothing in this subsection authorizes a physical therapist to implement a plan of treatment for a patient currently being treated in a facility licensed pursuant to chapter 395.
Chapter 395 = Hospital
1.3 “Physical Therapist”
licensed and who practices physical therapy in accordance with the provisions of this chapter.
1.3 “Physical Therapist Assistant”
- licensed in accordance with the provisions of this chapter to perform patient-related activities, including: physical agents
- license in good standing
- activities performed under the direction of a physical therapist
Type of supervision for PTA for a board-certified orthopedic physician or physiatrist licensed chapter 458 (physician), 459 (osteopathic), or practitioner under chapter 460 (chiropractor)
general supervision of a physical therapist, but shall not require onsite supervision by a physical therapist.
Type of supervision for PTA for Patient-related activities performed for all other health care practitioners licensed under chapter 458 (physician), 459 (osteopathic), or chapter 461 (Podiatric – foot & ankle), or chapter 466 (dentistry)
onsite supervision of a physical therapist.
“Direct supervision”
requires the physical presence of the licensed PT for consultation and direction of the actions
( Except in a case of emergency)
1.3 “Physical therapy practitioner”
PT or PTA who is licensed and who practices physical therapy in accordance with the provisions of this chapter.
1.4 “License”
document of authorization granted by the board and issued by the department for a person to engage in the practice of physical therapy.
1.4 Reactivation of an Inactive or Retired License.
FEES (
- biennial renewal fee for inactive $50. 64B17-2.005(1), F.A.C.;
- unlicensed activity fee $75 64B17-2.001(5)
- reactivation fee $50 64B17-2.005(6)
- change of status fee $50 64B17-2.001(7)
CON ED
- 64B17-9.001
- Prevention of medical errors
- 10 hours per year license was inactive
- including 2 hours on prevention of medical errors
- No more than 6 hours may be completed by home study per year of inactive status
- 2 hours on Florida Physical Therapy Laws and Rules within the 12 months immediately preceding
DOCUMENTATION
- applicant is licensed and in good standing in another state and has actively engaged in the practice for 4 years immediately preceding application (> 400 hours per year)
- successful passage of the NPTE including payment of all associated fees
application fee for licensure
(national examination or endorsement)
$100
initial licensure fee
$75
biennial renewal fee for an active license
$75
biennial renewal fee for an inactive license
$50
retired status fee
$50
delinquency fee
$55
fee for reactivation
$50
change of status fee
$40
duplicate license fee
$25
Con ed contact hours defined
1 contact hour = 50 clock minutes
1/2 contact hour =25 clock minutes
1 CEU = 10 contact hours.
Exemption of Spouses of Members of Armed Forces from Licensure Renewal Provisions
- spouse of Armed Forces: 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. - must document the absence and the spouse’s military status to the Board
- notify change in status within 6 months of the licensee’s return to the State of Florida or the spouse’s discharge from active duty
- If the change of status within the second half of the biennium, the licensee is exempt from
the continuing education requirement for that biennium
Continuing education requirements
- 24 hours biennially.
- courses sponsored by accredited college or university with PT/PTA curriculum
- accredited agency: APTA, FPTA
- home study (up to 12 contact hours)
-Con ed Course instructors (up to 6 hours) - instructors for normal course instruction (0 hours)
- Clinical Instructors credentialed through APTA (1 contact hour for every 160 hours of clinical internship limited to a maximum of 6 contact hours
Instruction on HIV & AIDS
- at least 1 clock hour (Board approved course)
- by first biennial renewal of licensure
- Board will accept PT school coursework no more than 5 years preceding initial licensure date.
- courses will be at least one hour and include the following subject areas:
(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. A home study course shall be permitted to fulfill this aspect of the HIV/AIDS education.
Prevention of Medical Errors Education
- 2 contact hours
- include a study of root-cause analysis, error reduction and prevention, and patient safety, which shall encompass:
(a) Medical documentation and communication;
(b) Contraindications and indications for physical therapy management; and
(c) Pharmacological components of physical therapy and patient management. - Applicants for initial licensure must have completed at least 2 contact hours of medical error education
- will accept coursework from accredited schools of physical therapy provided such coursework was completed after January 1, 2002.
- 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.
- The course may be used as part of the home study continuing education hours.
Continuing Education acceptable subject area
professional ethics
clinical education
clinical practice
clinical research
clinical management
clinical science
Florida law relating to physical therapy
basic sciences
risk management (no more than 5 contact hours)
HIV/AIDS. (up to 3 hours)
prevention of medical errors education (up to 3 hours)
PT: renewal, inactive status, reactivation of license; fees.—
renewal $200 biennial
fees: application, renewal, delinquency, reactivation not to exceed $200
inactive renewal: con ed 10 hours per year inactive
OR
evidence actively practice PT in another state for 4 years preceding
OR
application & passes examination
Address of Licensee.
current address for any notice of law to be served
provide board of address change within 60 days in writing
Requirements for Reactivation of an Inactive or Retired License.
An inactive or retired license shall be reactivated upon receipt by the Board office of the following:
(1) Payment of all applicable fees, including:
(a) The biennial renewal fee as specified by subsection 64B17-2.005(1), F.A.C.;
(b) The unlicensed activity fee as specified by subsection 64B17-2.001(5), F.A.C.;
(c) The reactivation fee as specified by subsection 64B17-2.005(6), F.A.C.;
(d) The change of status fee as specified by subsection 64B17-2.001(7), F.A.C.;
(2) Documentation of compliance with all continuing education requirements as provided in Rule 64B17-9.001, F.A.C.,
including prevention of medical errors, for the biennium during which the licensee last held an active license; and,
(3)(a) Documentation of completion of ten (10) hours of continuing education for each year the license was inactive, including
two (2) hours on the prevention of medical errors. No more than six (6) hours of continuing education may be completed by home
study per year of inactive status. In addition, the applicant must document completion of two (2) hours of continuing education
specifically on Florida Physical Therapy Laws and Rules within the twelve (12) months immediately preceding application for
reactivation;
(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.
False representation of licensure, or willful misrepresentation or fraudulent representation to obtain
license, unlawful.—
(1)(a) It is unlawful for any person who is not licensed under this chapter as a physical therapist, or whose license has
been suspended or revoked, to use in connection with her or his name or place of business the words “physical therapist,”
“physiotherapist,” “physical therapy,” “physiotherapy,” “registered physical therapist,” or “licensed physical therapist”; or
the letters “P.T.,” “Ph.T.,” “R.P.T.,” or “L.P.T.”; or any other words, letters, abbreviations, or insignia indicating or implying
that she or he is a physical therapist or to represent herself or himself as a physical therapist in any other way, orally, in
writing, in print, or by sign, directly or by implication, unless physical therapy services are provided or supplied by a physical
therapist licensed in accordance with this chapter.
(b) It is unlawful for any person who is not licensed under this chapter as a physical therapist assistant, or whose
license has been suspended or revoked, to use in connection with her or his name the words “physical therapist assistant,”
“licensed physical therapist assistant,” “registered physical therapist assistant,” or “physical therapy technician”; or the letters
“P.T.A.,” “L.P.T.A.,” “R.P.T.A.,” or “P.T.T.”; or any other words, letters, abbreviations, or insignia indicating or implying
that she or he is a physical therapist assistant or to represent herself or himself as a physical therapist assistant in any other
way, orally, in writing, in print, or by sign, directly or by implication.
(2) It is unlawful for any person to obtain or attempt to obtain a license under this chapter by any willful
misrepresentation or any fraudulent representation.
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.
64B17-6.007 Delegation to Unlicensed Personnel by the Physical Therapist.
(1) Unlicensed personnel may be utilized to assist in the delivery of patient care treatment by the physical therapist, with
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direct supervision by the physical therapist or the physical therapist assistant.
(2) It is the 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 delegated.
(3) The physical therapist shall retain ultimate responsibility for the patient’s physical therapy treatment. Any delegation of
treatment to supportive personnel 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.
- 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. - 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.
(4) Competency is demonstrated ability to carry out specific functions with reasonable skill and safety. It is the
responsibility of the physical therapist to assure competency in delegated skills relative to the tasks delegated.
(5) The physical therapist is responsible for the evaluation and reevaluation of the patient’s condition as may be
necessary throughout the course of treatment to assure for appropriate treatment and any necessary revision of treatment.
(6) The physical therapist shall not delegate:
(a) Those activities that require the special knowledge, judgment, and skills of the physical therapist, which include: - The initial evaluation or any subsequent reevaluation of the patient.
- Interpretations of the initial evaluation or subsequent reevaluation.
- Establishment or revision of the physical therapy goals.
- Development or alteration of the plan of care.
- Evaluation and interpretation of the progress of the patient in relationship to the plan of care.
(b) Those activities that require the special knowledge, judgment, and skills of the physical therapist assistant, which
include: - Subsequent reassessments of the patient.
- Assessment of the progress of the patient in relationship to the plan of care.
(c) Patient progress notes. The unlicensed personnel may document tasks and activities of patients during the patient
treatment.
(7) Supervision of unlicensed personnel is the provision of guidance or oversight by qualified physical therapists or
physical therapist assistants for the accomplishment of any delegated tasks. A physical therapist may only delegate tasks for
which he is qualified or legally entitled to perform and a physical therapist or physical therapist assistant may only supervise
those tasks or activities for which the licensee is qualified or legally entitled to perform.
(8) The number of unlicensed personnel participating in patient care tasks or activities, at any one given time shall be
determined by the physical therapist dependent upon the individual practice setting, and the individual therapeutic needs of
the patients supervised by the physical therapist or physical therapist assistant while assuring for quality care of the patients.
64B17.6.005 Costs of Duplicating Medical Records.
(1) Any person licensed pursuant to Chapter 486, F.S., 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.
The Board approves for continuing education credit: courses or attendance sponsored at:
- college/university PT program that is accredited
1 credit hour = 1 contact hour - APTA
- FPTA
- Florida Board meetings attendance where disciplinary cases are being heard (licensee is not on the agenda or appearing for another purpose)
- Former Board members on the Board’s Probable Cause Panel
5 contact hours of risk management per biennium - file DOH form #DH-MQA 1144, “Application Materials For The Florida Laws and Rules Examination,”and exam passed
2 hours of con ed
credit not awarded if taken as result of discpline or board ordered (licensure)
CON ED exceptions: including waiver of all or a
portion of these requirements or the granting of an extension of time
- 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.
Emergency or hardship cases are those:
(1) long term illness (personal, close relative, care giving responsible)
(2) 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.
CON ED: must keep records for how long?
4 years
456.036 Licenses; active and inactive status; delinquency
(1) A licensee may practice a profession only if the licensee has an active status license. A licensee who practices a
profession with an inactive status license, a retired status license, or a delinquent license is in violation of this section
and s. 456.072, and the board, or the department if there is no board, may impose discipline on the licensee.
(2) Each board, or the department if there is no board, shall permit a licensee to choose, at the time of licensure
renewal, an active, inactive, or retired status.
(3) Each board, or the department if there is no board, shall by rule impose a fee for renewal of an active or inactive
status license. The renewal fee for an inactive status license may not exceed the fee for an active status license.
(4) Notwithstanding any other provision of law to the contrary, a licensee may change licensure status at any time.
(a) Active status licensees choosing inactive status at the time of license renewal must pay the inactive status renewal
fee, and, if applicable, the delinquency fee and the fee to change licensure status. Active status licensees choosing
inactive status at any other time than at the time of license renewal must pay the fee to change licensure status.
(b) An active status licensee or an inactive status licensee who chooses retired status at the time of license renewal
must pay the retired status fee, which may not exceed $50 as established by rule of the board or the department if there
is no board. An active status licensee or inactive status 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.
(c) An inactive status licensee may change to active status at any time, if the licensee meets all requirements for
active status. Inactive status licensees choosing active status at the time of license renewal must pay the active status
renewal fee, any applicable reactivation fees as set by the board, or the department if there is no board, and, if
applicable, the delinquency fee and the fee to change licensure status. Inactive status licensees choosing active status at
any other time than at the time of license renewal 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 the department if
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there is no board, and the fee to change licensure status.
(5) A licensee must apply with a complete application, as defined by rule of the board, or the department if there is no
board, to renew an active or inactive status license before the license expires. If a licensee fails to renew before the
license expires, the license becomes delinquent in the license cycle following expiration.
(6) A delinquent licensee must affirmatively apply with a complete application, as defined by rule of the board, or the
department if there is no board, for active or inactive status during the licensure cycle in which a licensee becomes
delinquent. Failure by a delinquent licensee to become active or inactive before the expiration of the current licensure
cycle renders the license null without any further action by the board or the department. Any subsequent licensure shall
be as a result of applying for and meeting all requirements imposed on an applicant for new licensure.
(7) Each board, or the department if there is no board, shall by rule impose an additional delinquency fee, not to
exceed the biennial renewal fee for an active status license, on a delinquent licensee when such licensee applies for
active or inactive status.
(8) Each board, or the department if there is no 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.
(9) Each board, or the department if there is no board, may by rule impose reasonable conditions, excluding full
reexamination but including part of a national examination or a special purpose examination 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 the care and skill sufficient to protect the health,
safety, and welfare of the public. 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.
(10) Each board, or the department if there is no board, may by rule impose reasonable conditions, including full
reexamination to assess current competency, in order to ensure that a licensee who has been on retired status for more
than 5 years, or a licensee from another state who has not been in active practice within the past 5 years, and who
applies for active status is able to practice with the care and skill sufficient to protect the health, safety, and welfare of
the public. Requirements for reactivation of a license may differ depending on the length of time a licensee has been
retired.
(11) 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.
(12) Before the license of a retired status licensee is reactivated, the licensee must meet the same requirements for
continuing education, if any, and pay any renewal fees imposed on an active status licensee for all biennial licensure
periods during which the licensee was on retired status.
(13) The status or a change in status of a licensee does not alter in any way the right of the board, or of the
department if there is no 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.
(14) A person who has been denied renewal of licensure, certification, or registration under s. 456.0635(3) may
regain licensure, certification, or registration only by meeting the qualifications and completing the application process
for initial licensure as defined by the board, or the department if there is no board. However, a person who was denied
renewal of licensure, certification, or registration under s. 24, chapter 2009-223, Laws of Florida, between July 1, 2009,
and June 30, 2012, is not required to retake and pass examinations applicable for initial licensure, certification, or
registration.
(15) This section does not apply to a business establishment registered, permitted, or licensed by the department to do
business.
(16) The board, or the department when there is no board, may adopt rules pursuant to ss. 120.536(1) and 120.54 as
necessary to implement this section.
Physical therapist assistant; renewal of license; inactive status; reactivation of license; fees.—
(1) The department shall renew a license upon receipt of the renewal application and the fee set by the board not to
exceed $150.
(2) The department shall adopt rules establishing a procedure for the biennial renewal of licenses.
(3) A license that has become inactive may be reactivated upon application to the department and completion of the
requirements for reactivation under this section. The board shall prescribe by rule continuing education requirements as a
condition of reactivating a license. The continuing education requirements for reactivating a license may not exceed 10
classroom hours for each year the license was inactive.
(4)(a) The board shall prescribe by rule 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.
(b) The department may not reactivate a license unless the inactive or delinquent licensee has paid any applicable
biennial renewal or delinquency fee, or both, and a reactivation fee.
(c) The department may not reactivate a license unless the inactive licensee has met the continuing education
requirements of subsection (3) or has fulfilled one of the following requirements for reactivation of a license:
- Provides evidence satisfactory to the board that she or he has actively engaged in the practice of physical therapy in
good standing in another state for the 4 years immediately preceding the filing of an application for reinstatement; or - Makes application for and passes the examination as provided by s. 486.104 and pays the fee therefor as provided in
s. 486.103.
Medical Records of Deceased, Relocating, or Terminating Practice Physical Therapists or Physical
Therapist Assistants.
(1) Licensees shall retain medical records as long as needed not only to serve and protect clients/patients, but also to protect
themselves against adverse actions. This rule sets forth standards which, if not met, will constitute a violation of Sections 456.058
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and 486.125, F.S., and will subject licensees to disciplinary proceedings.
(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. Such notification shall consist of at a minimum, causing to be published, 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. Such notice shall be published no less than 4 times over a period of at least 4
weeks. In addition, the licensee 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. Both the notice and the sign shall advise the clients/patients of their
opportunity to transfer or receive their medical records. Each such licensee shall ensure that 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.
(3) Deceased Physical Therapists or Physical Therapist Assistants.
(a) Each licensee engaged in practice, who maintains the responsibility for client/patient medical records, 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 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, 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.
(c) At the conclusion of a 22-month period of time from the date of death of the licensee or thereafter, the executor, administrator,
personal representative or survivor shall cause to be published once during each week 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.
(4) All client/patient records shall be disposed of in a manner that will secure the permanent confidentiality of records.
Prohibited acts; penalty.
(1) It is unlawful for any person to:
(a) Practice physical therapy or attempt to practice physical therapy without an active license.
(b) Use or attempt to use a license to practice physical therapy which is suspended or revoked.
(c) Obtain or attempt to obtain a license to practice physical therapy by fraudulent misrepresentation.
(d) Use the name or title “Physical Therapist” or “Physical Therapist Assistant” 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 physical therapy, unless such person
holds a valid license.
(e) Make any willfully false oath or affirmation whenever an oath or affirmation is required by this chapter.
(f) Knowingly conceal information relating to violations of this chapter.
(2) Any person who violates any of the provisions of this section is guilty of a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
“Physical therapy assessment”
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.
Minimum Standards of Physical Therapy Practice.
(1) Definitions – For purposes of this rule only, the words and phrases listed below are defined in the following manner:
(a) Acute Care – The stage of illness or injury characterized by actual or reasonable potential for a rapid change in medical status
that would affect the physical therapy plan of care.
(b) Consultation – The offering of information aimed at the resolution of perceived problem.
(c) Direction – The physical therapist’s authorization and empowerment of a physical therapist assistant or unlicensed personnel,
as authorized by Rule 64B17-6.007, F.A.C., to carry out actions requiring licensure under Chapter 486, F.S.
(d) Assessment – 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.
(e) Direct Supervision – Supervision of subordinate personnel performing directed actions, while the licensed supervisor is
immediately physically available. On-site Supervision means direct supervision.
(f) General supervision – 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.
(g) Program Plan – The establishment of objectives (goals) and specific remediation techniques.
(h) Standards – Conditions and performances which are essential for quality physical therapy service and patient care.
(i) Unlicensed personnel – Any individual, working or volunteering in a physical therapy setting, not holding a current license
as a physical therapist or physical therapist assistant.
(2) 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
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self, nor engage in other unprofessional conduct, including, but not limited to,
- Inaccurately recorded, falsified, or altered patient records;
- Falsely representing or misrepresenting facts on an application for employment;
- Impersonating or acting as a proxy for an applicant in any examination for certification or registration;
- 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; - 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: - Interpretation of the practitioner’s referral.
- Provision of the initial physical therapy assessment of the patient.
- Initial identification and documentation of precautions, special problems, contraindications.
- Development of a treatment plan including the long and short term goals.
- Implementation of or directing implementation of the treatment plan.
- Direction of appropriate tasks.
- Reassessment of the patient in reference to goals and, when necessary, modification of the treatment plan.
(g) When participating in student and/or trainee programs, assure that the programs are approved or pending approval by the
appropriate accrediting agency recognized by statute.
(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.
(4) 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 and/or trainee programs, assure that the programs are approved or pending approval by the
appropriate accrediting agency recognized by statute.
(5) 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: - 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
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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.
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.
64B17-6.002 Supervision of Physical Therapist Assistants by Physicians.
(1) A physical therapist assistant employed by a board-certified orthopedic physician or physiatrist or a chiropractic physician
shall be under the general supervision of a physical therapist. A physical therapist assistant employed by any physician other than as
identified above shall be under the onsite supervision of a physical therapist.
(2) Where general supervision is permitted, there shall be a written agreement between the board-certified orthopedic physician,
physiatrist or chiropractic physician and the supervising physical therapist, specifying the duties and responsibilities of both parties.
The Agreement must contain, at least the minimum standards of physical therapy practice specified by Rule 64B17-6.001, F.A.C.
(3) The physical therapist assistant shall report all untoward patient responses, inquiries regarding patient prognosis, or the
discontinuation of any treatment procedure, to the physical therapist and to the employing physician.
1.1 Legal Intent: “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.
1.4 Con Ed: 64B17-9.001
- 24 Contact hours in 24 months (biennial)
(applicants licensed in 2nd half are exempt except for - prevention of medical errors
- HIV/AIDS)
1 contact hour shall = 50 clock minutes
1/2 contact hour = 25 clock minutes
1 contact hour = 10 CEU
Acceptable subject areas:
- professional ethics
- clinical education
- clinical practice
- clinical research
- clinical management
- clinical science
- Florida law relating to physical therapy
- basic sciences
- risk management (5 hours max)
- HIV/AIDS (3 hours max)
- prevention of medical errors (3 hours Max)
Home study = 12 hours Max
Course instructors = 6 hours max (1 hour taught = 1 contact hour)
Normal instructors (PT School) = 0 hours
Clinical Instructors = 6 hours max. (160 hours taught = 1 contact hour) CI must be credentialed by APTA
BOARD APPROVED
- college/university with accredited PT/PTA program (1 credit hour = 1 contact hour)
- APTA sponsored
- FPTA
- Florida Board meeting attendance (licensee not on the agenda or appearing) = risk management
- Former board members who serve on Board’s Probable Cause Panel =5 contact hours of risk management
- shall receive five contact hours of continuing
education risk management credit per biennium for their service on the Panel. - pass the Law exam = 2 contact hours (not qualify if part of disciplinary panel or part of licensure)
- Board may exempt with majority vote at public meeting for Emergency or hardship:
(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.
(9) 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.