Florida Jurisprudence Exam 2017 - Section 1 (60% Of Exam)

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legislative intent and definitions=

486 vvvv

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10 questions

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legislative intent

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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.

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License

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

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physical therapist

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means a person who is licensed and who practices physical therapy in accordance with the provisions of this chapter.

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physical therapist assistant

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means 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.

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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 what type of supervision?

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general supervision from PT

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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 chapter461 or chapter 466 shall be performed under what type of supervision

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onsite/direct supervision of a PT.

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physical therapy practitioner

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means a physical therapist or a physical therapist assistant who is licensed and who practices physical therapy in accordance with the provisions of this chapter.

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physical therapy (physiotherapy)

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each of which terms is deemed identical and interchangeable with each other, means a health care profession.

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direct supervision

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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

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practice of physical therapy-

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means 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

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the performance of acupuncture only upon compliance with the criteria set forth by the Board of Medicine,when:

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no penetration of the skin occurs

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practice of physical therapy-

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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 ofMedicine

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types of licenses, inactive status, ect...

64B17- 5 vvvv

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....

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An inactive or retired license shall be reactivated upon receipt by the Board office of the following:

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(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.;

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Plus met the following requirements (specifics and hours needed)

additional CE:

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Documentation of completion of ten (10) hours of continuing education for each year the license was inactive

No more than six (6) hours of continuing education may be completed by home study per year of inactive status.

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Med errors:

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including two (2) hours on the prevention of medical errors

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laws and rules:

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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

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Documentation that the applicant is

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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 (at least four hundred (400) hours per year)

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Documentation of application for and successful passage

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of the National Physical Therapy Examination, including payment of all associated fees.

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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. The licensee must

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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.

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patient care management and use of titles=

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14 questions

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Is it unlawful for a person to use the letters,P.T., R.P.T., L.P.T., P.T.A., L.P.T.A., or R.P.T.A. if they are not licensed to practice physical therapy?

true or false?

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True

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Is it unlawful for a person to obtain or attempt to obtain a license under Chapter 486 by misrepresentation or any fraudulent representation?

true or false?

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True

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it is unlawful for any person to:

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a.) Practice physical therapy or attempt to practice physical therapy without an active license or temporary permit.

b.) Use or attempt to use a license or temporary permit to practice physical therapy which is suspended, revoked, or void.

c.) Obtain or attempt to obtain a license or temporary permit to practice physical therapy by fraudulent misrepresentation.

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cont...

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d.) Use the name or title PT, PTA, or any other name related to PT unless said person holds valid credentials

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.

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Any person who violates any of the provisions of this section:

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486.151, is guilty of a misdemeanor of the first degree

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Acutecare

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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.

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Consultation

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The offering of information aimed at the resolution of perceived problem.

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Direction

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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.

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Assessment

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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.

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Direct Supervision

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Supervision of subordinate personnel performing directed actions, while the licensed supervisor is immediately physically available. On-site Supervision means direct supervision.

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General Supervision-

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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.

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Program Plan-

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The establishment of objectives (goals) and specific remediation techniques.

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Standards-

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Conditions and performances which are essential for quality physical therapy service and patient care.

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Unlicensed personnel-

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

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Physical Therapy Personnel Responsibilities In General. Physical therapy is a profession involving skilled practice of patient care.

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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.

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Accordingly, it is the responsibility of all physical therapists and physical therapist assistants to:

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(a) Communicate effectively

(b) Safeguard the confidentiality of information

(c) Avoid acts which blatantly disregard a patient’s modesty

(e) Not exploit the patient or client for the financial gain of the licensee or a third party.

(f) Practice physical therapy with a high level of care, skill, and treatment recognized by peers under similar conditions and circumstances

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(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,

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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.

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Physical Therapist Responsibilities. Physical therapists shall:

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(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.

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cont...

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(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.

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(f) Physical therapist’s professional responsibilities include, but are not limited to:

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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.

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cont...

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(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.

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(4) Physical Therapist Assistant Responsibilities. Physical therapist assistants shall:

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(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.

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cont...

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(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.

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Physical Therapist – Physical Therapist Assistant Responsibilities and Supervisory Relationships.

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(a.) regardless of setting PT/PTA shall abide by all federal and state laws and regulations related to each particular practice setting.

(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.

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(c) Delivery of Care:

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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.

2. 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.

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(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.

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...

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(6) The school setting.

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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.

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(7) Unlicensed Supportive Personnel may be

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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.

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A physical therapist assistant employed by a board-certified orthopedic physician or physiatrist or a chiropractic physician shall be under

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the general supervision of a physical therapist.

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A physical therapist assistant employed by any physician other than as identified above shall be

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under the onsite supervision of a physical therapist.

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Where general supervision is permitted

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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.

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The physical therapist assistant shall report all

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patient responses, inquiries regarding patient prognosis, or the discontinuation of any treatment procedure, to the physical therapist and to the employing physician.

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(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:

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(a) Inserting and adjusting electrodes.

(b) Reading and identifying normal and abnormal signals on the grid.

(c) Interpreting the audible signals.

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(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:

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(a) Human dissection.

(b) Human physiology.

(c) Neurology.

(d) Neuro-anatomy and neuro-physiology offered at a graduate level.

(e) Pathological conditions.

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3.) the physical therapist must have completed

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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.

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Records for a deceased clinician must be kept for a period of how many years after death?

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2 years

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Within how many months from the date of death, a notice must be published in a newspaper with the greatest general circulation in the county where the clinician practiced indicating the medical records are available from a specific person at a certain location.

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1 month

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At how many months, another notice must be posted for how many consecutive weeks that the records will be destroyed for how many months after the last day of the fourth notice.

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22 months

4 weeks

1 month

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All client/patient records shall be disposed of in a manner that will secure the permanent confidentiality of records.

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....

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64B17-6.005 Costs of DuplicatingMedical Records

First25 pages =

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$1 per page

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26 pages and more =

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$ .25 per page

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Costs of reproducing Xrays and other such types of records =

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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.

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A patient’s physician prescribed non scheduled legend topical medications may be

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retained and administered by a PT for that patient only.

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What are the three considerations for delegating to a support person?

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(1) Unlicensed personnel may be utilized to assist in the delivery of patient care treatment by the physical therapist, with direct supervision by PT/PTA

(2.) It is the sole responsibility of the physical therapist to consider the task delegated, select trained personnel, communicate the task and verify understanding and monitoring of said task.

(3) The physical therapist shall retain ultimate responsibility for the patient’s physical therapy treatment

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What is competency?

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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.

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What should a PT not delegate?

Those activities that require the special knowledge, judgment, and skills of the physical therapist, which include:

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1. The initial evaluation or any subsequent reevaluation of the patient.

2.Interpretations of the initial evaluation or subsequent reevaluation.

3.Establishment or revision of the physical therapy goals.

4. Development or alteration of the plan of care.5. Evaluation and interpretation of the progress of the patient in relationship to the plan of care.

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What is the ratio for PT to support personnel?

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The number of unlicensed personnel participating in patient care tasks or activities, at anyone 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.

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Those activities that require the special knowledge, judgment, and skills of the physical therapist assistant, which include:

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1. Subsequent reassessments of the patient.

2. Assessment of the progress of the patient in relationship to the plan of care.

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The unlicensed personnel may document

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tasks and activities of patients during the patient treatment.