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PHT 5523, Dimensions of Professional Practice Seminar I. FS 486, the Physical Therapy Practice Act and Other Relevant Florida Laws. Law vs. Ethics. Ethics: APTA Code of Ethics; Guide for Professional Conduct Law: FS 486 and Chapter 64B17 of the Florida Administrative Code. Legal Standards.

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PHT 5523, Dimensions of Professional Practice Seminar I

FS 486, the Physical Therapy Practice Act and Other Relevant Florida Laws


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Law vs. Ethics

  • Ethics: APTA Code of Ethics; Guide for Professional Conduct

  • Law: FS 486 and Chapter 64B17 of the Florida Administrative Code


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Legal Standards

  • Florida Statutes

  • Florida Administrative Code


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FS 456, Health Professions and Occupations: General Provisions

  • Provides general rules for the Boards

  • Addresses issues which may (e.g. HIV/AIDS and Medical Errors courses) or may not (e.g. screening for persons delinquent in child support payments) be covered by specific practice acts (e.g. FS 486)

  • Issues relevant to PTs


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FS 456: Select Issues Relevant for PT Practitioners Provisions

  • 456.004 (9): Delinquent child support obligation

  • 456.013 (2)(b): Licensure of felons

  • 456.0575: Duty to notify patients about adverse incidents

  • 456.062: Advertising free or discounted services


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FS 456: Select Issues Relevant for PT Practitioners Provisions

  • 456.063 (3): Duty to report allegations of sexual misconduct

  • 456.074: Defaulting on student loans

  • 456.076: Treatment programs for impaired practitioners

  • 456.38: Practitioner registry for disaster and emergencies


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Other Relevant Statutes Provisions

  • FS 384, Sexually Transmitted Diseases:

    • Unlawful to engage in sex w/o partner’s informed consent

    • Confidentiality required; report according to CDC system

  • Ch64D-2 (FAC), HIV:

    • Who has a “right to know”

    • Testing requirements

  • FS 39.201: Mandatory report of child abuse, neglect or exploitation

  • FS 415.1034: Mandatory report of abuse, neglect or exploitation of vulnerable adults


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FS 486, The Physical Therapy Practice Act Provisions

Florida Statutes Regulating Physical Therapy, and the Florida Board of Physical Therapy Practice:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0486/titl0486.htm&StatuteYear=2000&Title=%2D%3E2000%2D%3EChapter%20486


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FS 486, The Physical Therapy Practice Act Provisions

  • Purpose: Protect the consumer by making sure that all PTs meet minimum standards

  • Defines PT as a person who is licensed

  • Defines PTA as a person who works under the direction of PT according to the rules (Chap. 64B)

    • May work for board-certified orthopedic physician (MD or DO) or physiatrist (MD or DO) or chiropractor but must have general supervision of a PT

    • In all other offices, must have on-site supervision of PT

  • Defines PT Assessment

  • Defines PT Practice


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Direct Access in Florida 486.021(11) Provisions

  • “A physical therapist may implement a plan of treatment for a patient.” Does not say anything about needing a referral.

  • “The physical therapist shall refer the patient to … if the patient’s condition is found to be outside the scope of physical therapy.”

  • If PT treatment “is required beyond 21 days for a condition not previously assessed by a practitioner of record” PT must refer the patient to a practitioner of record.


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Practitioner of Record Provisions

  • 458: Medical doctor (MD)

  • 459: Osteopath (DO)

  • 460: Chiropractor (DC)

  • 461: Podiatrist (DPM)

  • 466: Dentist (DMD or DDS)


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FS 486, The Physical Therapy Practice Act Provisions

  • Board of PT Practice: appointed by the Governor

  • Seven (7) members:

    • Five (5) licensed PTs (one of whom may be an educator)

    • Two (2) consumers

  • Establish or modify and adopt the rules (Ch64B17)

  • Review the standing and reputability of any PT school

  • Administer oaths, summon witnesses and take testimony on any matter having to do with law and rules


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FS 486, The Physical Therapy Practice Act Provisions

  • Prohibits holding one out to be a PT w/o license and describes use of PT, PhT, LPT, RPT, PTA, RPTA, PTT, etc as fraudulent representation of licensure

  • Establishes licensure requirements

  • Requires continuing education

  • Sets terms for refusal, revocation or suspension of license

  • Lets students work as PTs in the formal course of their studies only


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