Florida Jurisprudence Exam Spring 2010

Front 1

F.S. 64B17
Which of the following is required as part of the licensure and renewal process?
a) 2 hours of professional development education
b) 2 hours of current issues in health care education
c) 2 hours of prevention of medical errors education
d) 2 hours of infectious disease education

Back 1

Answer: C

c) 2 hours of prevention of medical errors education

Front 2

Under title XXXII chapter 486.151 REGULATION OF PROFESSIONS AND OCCUPATIONS which of the following statements is incorrect?
a) It is unlawful for any person to use a license to practice physical therapy which is suspended or revoked.
b) Any person who violates any of the provisions of this section is guilty of a misdemeanor of the first degree.
c) It is illegal for any person to practice physical therapy or attempt to practice physical therapy without an active license.
d) It is lawful to use the name or title "Physical Therapist" 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.

Back 2

Answer: D

d) It is lawful to use the name or title "Physical Therapist" 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. (this is the correct answer)

Front 3

F.A.C. 456.028
Question:
If the Board of Physical Therapy seeks to change training requirements for entry-level Physical Therapists, they must consult with postsecondary education boards. The educational boards, the Commission for Independent Education, the Board of Governors of the State University System, and the State Board of Education, must provide what advice about the impact of any proposed changes?
A. Fiscal impact of changes
B. Required number of graduates
C. Length of time necessary to complete training program
D. Both A & C

Back 3

Answer: D. Both A & C

A. Fiscal impact of changes
C. Length of time necessary to complete training program

Front 4

64B17-6.001
A Physical Therapist receives a plan of care by a patient's referring practitioner that they believe is contraindicated for the patient's condition. Which of the following would be the most appropriate step:
A) Call the physician's office and leave a message that you will not be continuing on with the doctor's plan.
B) The PT can change the plan of care as long as they notify the referring practitioner about the change within 21 days.
C) Call the physician directly and notify him that you will not be continuing on with the plan of care and list the reasons for refusal.
D) There is no official need to notify the referring physician about the change

Back 4

Answer: C

C) Call the physician directly and notify him that you will not be continuing on with the plan of care and list the reasons for refusal.

Front 5

In reference to FS 456.054, the term “kickback” is defined as:

A) Return of a physician’s prescription that the Physical Therapist deems inappropriate for the patient
B) Remuneration or payment, by or on behalf of a provider of health care services or items, to any person as an incentive or inducement to refer patients for past or future services or items, when the payment is not tax deductible as an ordinary and necessary expense
C) A state legislator’s veto of a proposal from any state Board of Physical Therapy
D) Documentation refused by Medicare for inadequate rationale for treatment

Back 5

Correct answer: B

B) Remuneration or payment, by or on behalf of a provider of health care services or items, to any person as an incentive or inducement to refer patients for past or future services or items, when the payment is not tax deductible as an ordinary and necessary expense

Front 6

Question: According to FS 456.053 (5) (As PT not a lot of laws about where we can refer b/c we don’t really refer= this is more of an ethical question)
This laws is for all professionals in a referral position.
“PROHIBITED REFERRALS AND CLAIMS FOR PAYMENT,” as a physical therapist, you may refer a patient to all of the following services, EXCEPT:
(A) a family physician that you see personally.
(B) an athletic trainer that treats your son who was recently injured in a school soccer game.
(C) a massage therapist that your spouse sees regularly.
(D) a health service that you are an investor in or have an investment interest in.

Back 6

Correct Answer: D

(D) a health service that you are an investor in or have an investment interest in.

Front 7

64B17-3.002
At what point in retaking the licensure exam does an applicant have to complete additional requirements including completion of a course of study or internship in preparation for the exam?
A. before taking it a second time
B. before taking it a third time
C. before taking it a fourth time
D. before taking it a fifth time

Back 7

Answer: C

*C. before taking it a fourth time*

Front 8

456.036 Licenses; active and inactive status; delinquency
Which of the following is/are true?
A. A delinquent licensee does not have to re-apply with a complete application, but simply must pay the renewal fee to reactive his/her license.
B. A licensee may practice a profession only if the licensee has an active status license.
C. Paying the delinquent license fee costs more than the biennial renewal fee for an active status license.
D. An active status or inactive status licensee who chooses retired status at any time other than the time of license renewal must pay the retired status fee in addition to a change-of-status fee.
E. Both B & D

Back 8

Correct Answer: E (Both B & D)

B. A licensee may practice a profession only if the licensee has an active status license.

D. An active status or inactive status licensee who chooses retired status at any time other than the time of license renewal must pay the retired status fee in addition to a change-of-status fee.

Front 9

456.015 Limited Licenses (for all providers) (not sure which exam it applies to and which board can affect it)
After an examination developed or approved by the department has been administered, the board, or the department when there is no board:
a. May alter any question within the examination for any reason
b. Cannot alter any question within the examination
c. May reject any question which does not reliably measure the general areas of competency specified in the rules of the board
d. Must accept all questions as final

Back 9

Answer: C
c. May reject any question which does not reliably measure the general areas of competency specified in the rules of the board

Front 10

456.023 (applies to all healthcare providers in the state, PT is in 486 or 64B17 therefore this may not apply)
An out of state physical therapist is exempt from the FL practice act and FL licensure requirements if the PT...
A) holds an active license in another state
B) actively practices in another state
C) is employed by a sporting team that has an event in FL
D) all of the above (you have to have all three to practice in another state)

Back 10

Answer: D

D) all of the above (correct) (you have to have all three to practice in another state)

Front 11

Health Professions shall only be regulated when:
a) their unregulated practice can harm or endanger the health of the public
b) the public is not protected effectively by other means
c) less restrictive means are not available
d) both a and b are correct
e) all of the above are correct (each individually are regulated)

Back 11

Ans: E [456.003(2)(a,b,c)]

e) all of the above are correct (each individually are regulated)

Front 12

.A.C. 64B17-6.001
Which of the following is an incorrect statement regarding PT supervision of PTAs and unlicensed supportive personnel?
A. During an acute phase of injury or illness, or while the patient is an inpatient in a hospital, the PT shall be readily and physically available for consultation to the PTA.
B. During the delivery of physical therapy care in an outpatient setting or to patients who are not in the acute phase of injury or illness, the PT shall provide onsite supervision to the PTA.
C. The physical therapist shall not delegate portions of the skilled physical therapy functions or tasks to any lesser trained health personnel than the PTA.
(Legal in St. Fl to delegate but not for medicare)
D. Unlicensed Supportive Personnel may be utilized to help in the treatment being provided by a licensed PT or licensed PTA. Such personnel shall perform such acts only under the direct supervision of a PT or PTA.

Back 12

Answer: B. Onsite supervision is not required in this setting by F.A.C. 64B17-6.001 (5c(1)): During the delivery of physical therapy care to patients who are not inpatients in a hospital, or who are not in the acute phase of injury or illness, the PT shall be accessible at all times by telecommunication and shall be within the same geographic location as the assistant

Front 13

64B17 6.001
Physical therapists and physical therapist assistants may release patient information to a third party not involved in the actual care only if:
a) There is no situation which allows for the release of information
b) The patient or legally authorized representative gives written consent
c) The patient or legally authorized representative is called for permission before the release of information
d) The patient is involved in a research study and the information released is going to the study coordinator

Back 13

Answer: B

b) The patient or legally authorized representative gives written consent (correct)

Front 14

456.007 Board Members
Any person may be appointed to the Board as long as they meet the requirements of law for board membership and that they are in any way connected with a college as long as:
A. they hold a tenure position at the college
B. the connection with the college is not the person's primary source of income
C. they have a unanimous vote by their colleges at the college
D. their connection isn't with a community college

Back 14

Answer: B

B. the connection with the college is not the person's primary source of income (CORRECT)

Front 15

FS 456.033
Question: As a physical therapist in the state of Florida, you are required to take a board-approved continuing education course on HIV and AIDS:
A. Once, before you can get your license
B. Once, before renewing your license for the first time
C. Each time you want to renew your license
D Once a year

Back 15

Answer: B. Once, before renewing your license for the first time

Front 16

Florida Statute 486.102
To be eligible for licensing by the board a Physical Therapist Assistant applicant must be at least _____ years old and have graduated from an accredited school that provides a course of not less than ______ years.
a) 18; 1
b) 18; 2
c) 21; 1
d) 21; 2

Back 16

Answer: B


b) 18; 2 (correct)

Front 17

F.S. 456.0391
Each advanced registered nurse practitioner who applies for initial certification or renewal must furnish all of the following information to the Department of Health except:
A. The name of each location at which the applicant practices
B. The address at which the applicant will primarily conduct his or her practices.
C. Any appointment which the applicant currently holds to the faculty of a school related to the profession and an indication as to whether the applicant has had the responsibility for graduate education within the most recent 10 years
D. The name of only the school which the applicant has graduated from, with the months and years of attendance and the month and year of graduation, and a description of all graduate professional education completed by the applicant, including any coursework taken to satisfy continuing education requirements.

Back 17

Correct answer: D
The applicant must list each school or training program he or she attended, and all graduate professional education excluding coursework to satisfy continuing education requirements.

Front 18

486.021 (7)
"Physical therapy practitioner" means _____ who practices physical therapy in accordance with the provisions of this chapter.
A. a physical therapist or physical therapy assistant who is licensed
B. a physical therapist who is licensed
C. support personnel
D. All of the above

Back 18

Answer: A

A. a physical therapist or physical therapy assistant who is licensed (CORRECT)

Front 19

64B17-6.004
Which of the following is true regarding the responsibilities of a physical therapist, who maintains the responsibility for client/patient medical records, when terminating or relocating a practice:
a) the physical therapist is not required to notify each patient regarding termination or relocation due to the burden on the physical therapist to do so
b) a notification shall be published no less than two times over a period of two weeks, notification shall consist of publishing date of termination or relocation and an address at which medical records may be obtained in the newspaper of greatest general circulation in each county in which the licensee practices ( 4 x over 4 weeks)
c) a sign shall be placed at least 15 days prior to the termination or relocation and shall remain visible until the date of termination or relocation (30 days)
d) each licensee shall see that client/patient records are maintained and may be obtained by the client/patient for a minimum of two years after the termination or relocation of the practice

Back 19

Answer: D

d) each licensee shall see that client/patient records are maintained and may be obtained by the client/patient for a minimum of two years after the termination or relocation of the practice

Front 20

64B17-6.007 - Delegation to unlicensed personnel by PT and 7.001 - Disciplinary Guidelines
Which of the following statements is false?
A. A PT can delegate to a PTA subsequent reassessments of the patient and assessments of the patient's progress in relationship to the plan of care.
B. A PT can be fined a minimum of $1,000, 3 years of probation, & referral for a PRN evaluation up to a maximum suspension of license for 1 year followed by up to 5 years of probation for the first offense of unable to practice with reasonable skill and safety.
C. After a second offense of unable to practice with reasonable skill and safety, the PT can be fined a minimum of $1,000 with up to 3 years probation, to a maximum of $5,000 with revocation.
D. The penalties for a first offense of obtaining license by bribery/deceit is a minimum fine of $500 and/or up to 2 years probation to a maximum of revocation.

Back 20

Answer: C is false - correct answer is a minimum of $2,000 fine, referral for PRN eval, & 5 years probation to a maximum fine of $10,000 and/or revocation

Front 21

486.135 False representation of licensure, or willful misrepresentation or fraudulent representation to obtain license, unlawful.--
It is lawful to
a. Practice physical therapy without an active license
b. Use a suspended license to practice physical therapy
c. Use a revoked license to practice physical therapy
d. None of the above

Back 21

Answer: D


d. None of the above (correct)

Front 22

Board members are not permitted to miss __________ consecutive regularly scheduled Board meetings unless one of the absences is due to a reason classifying it as excused per the list in F.A.C. 64B17-1.003 - Attendance at Board Meetings.
a. one
b. two
c. three
d. four

Back 22

Answer: C


c. three (correct)

Front 23

Chapter 64B17-8.001
For which of the following subject areas of the HIV/AIDS course is it permitted to be fulfilled as a home study course?
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
f. none of the above

Back 23

Answer: E

e. Florida law on AIDS and the impact on testing, confidentiality, and treatment (CORRECT)

Front 24

64B17-3.001
Each physical therapist who applies for licensure by examination must be at least _______ years old.
a) 16
b) 18
c) 21
d) 24

Back 24

Answer: B

b) 18 (correct)

Front 25

Question from F.S.486.021:
In Ch. 486, unless the context otherwise requires, the term "Department" means:
A. the Federal Department of Physical Therapy
B. the Florida Department of Physical Therapy
C. the Department of Health
D. the Department of Public Health

Back 25

Answer: C

C. the Department of Health (CORRECT)

Front 26

FS 465
Which of the following does a Physical Therapist not need to supply in order to get initial licensure?
A. Set of Fingerprints
B. Name of the school attended
C. Description of any criminal offenses
D. A picture/photo
E. None of the Above

Back 26

Answer: E


E. None of the Above (CORRECT)

You must supply all of these.

Front 27

FS 456.0341
If a health care practitioner fails to verify their profile (department of health registry profile) after the 30day period, which of the following could occur?
A) Profile made public regardless of error
B) $100 fine per day
C) Temporary suspension of license
D) A and B

Back 27

Answer: D) A and B

A) Profile made public regardless of error
B) $100 fine per day

Front 28

456.041: Practitioner Profile; creation—
The Department of Health will compile information submitted pursuant to 456.039 in a practitioner profile. Among other things to be included in the file, Which of the following can be found in the practitioner profile:
A) An easy-to-read narrative description that explains the administrative complaint filed against the practitioner.
B) The final disciplinary action imposed on the practitioner regarding each situation
C) A statement that says “The criminal history information, if any exists, is complete as verified by a federal criminal history search.”
D) Both A and B are correct
E) All of the Above

Back 28

D) Both A and B are correct


A) An easy-to-read narrative description that explains the administrative complaint filed against the practitioner.
B) The final disciplinary action imposed on the practitioner regarding each situation

C is incorrect because- The statement that is included in the practitioner profile states that the criminal background included is incomplete because it does not include a federal criminal history search

Front 29

456.017 Examinations (unsure which exam b/c for all professions we do not have a practical)
Question: Any applicant failing to a achieve a passing grade in an examination has to:
A. Retake the written exam
B. Retake the practical exam
C. Retake only the exam failed
D. Retake both the exams

Back 29

Answer: C

C. Retake only the exam failed (CORRECT)

Front 30

FS 456.038
When does the board have to send the licensee a renewal notification?
a. the department is not required to send a notification
b. after the licensee has become delinquent (licensure cycle had ended)
c. At least 90 days b/f the end of a licensure cycle
d. At least 60 days b/f the end of a licensure cycle

Back 30

Answer: C

c. At least 90 days b/f the end of a licensure cycle (CORRECT)

Front 31

According to 64B17-7.001: Of the following violations, which one has a maximum fine of license revocation from the first offense:
a. Failure to comply with HIV/AIDS course requirements
b. Failure to report health care violator
c. Engaging in unlawful fee splitting or solicitation
d. Treatment of ailments by means other than physical therapy

Back 31

Answer: C

c. Engaging in unlawful fee splitting or solicitation (CORRECT)

Front 32

456.012 Board rules (may not directly impact PT); final agency action; challenges -
In addition to the challenges for any invalid exercise of delegated legislative authority, the administrative law judge, upon such a challenge by the ___________ may declare all or part of a rule or proposed invalid if certain requirements are met.
(a) APTA
(b) State Surgeon General
(c) President of the United States
(d) Governor

Back 32

Answer: B

(b) State Surgeon General (CORRECT)

Front 33

Question: True/False
FS 456 Examination questions and answers are not subject to discovery but may be introduced into evidence and considered only in camera in any administrative proceeding under chapter 120.

Back 33

Answer: True

Front 34

456.031 Requirement for instruction on domestic violence
Q: Which health profession below, if any, is not required to complete a 2-hour continuing education course on domestic violence every 3 years prior to renewing their license?
A. Nursing
B. Physical Therapy
C. Osteopathic Medicine
D. Dentistry

Back 34

Answer: B


B. Physical Therapy (CORRECT)

Front 35

F.S. 486.085 (there is a law that you cannot pay more than ~100 dollars for your CCU biannually)
As a physical therapist, if your license has become inactive (if you leave St. Florida and work in another state), how many continuing education hours are you responsible for in order to reactivate your license?
a. 30 hours for each year of inactivity
b. 24 hours for each year of inactivity
c. 15 hours for each year of inactivity
d. 10 hours for each year of inactivity

Back 35

Answer: D

d. 10 hours for each year of inactivity (CORRECT)

Front 36

Title XXXII (Regulation of Professions and Occupations)
Chapter 456 (Health Professions and Occupations: General Provisions)
456.048
Financial responsibility requirements for certain health care practitioners.
Which of the following professions does not have to maintain medical malpractice insurance or provide proof of financial responsibility in an amount and in a manner determined by their respective board or department to be sufficient to cover claims arising out of the rendering of or failure to render professional care and services in this state?
a) Acupuncturists
b) Chiropractors
c) Podiatrists
d) Physical Therapists
e) Advanced Registered Nurse Practitioners

Back 36

Answer: D


d) Physical Therapists (CORRECT)

Front 37

Chapter 64B17-4 Licensure of Physical Therapists Assistants
In regards to physical therapist assistants, which of the following is NOT a requirement to apply for licensure by examination?
A. Is eighteen years old
B. Possesses good moral character
C. Shadowing of a licensed PTA full time for 2 years within the last 5 years
D. Has a PTA degree from an institution approved by the Commission on Accreditation for Physical Therapy Education (CAPTE)

Back 37

Answer: C

C. Shadowing of a licensed PTA full time for 2 years within the last 5 years (CORRECT)

Front 38

456.005
The department shall provide concise management reports to the board how frequently?
a) Weekly
b) Annually
c) Quarterly
d) Whenever a significant change is made

Back 38

Answer: C


c) Quarterly (Correct Answer)

Front 39

(64B17-7.002 & 64B17-7.0025)
If issued a citation, a physical therapist has ____ days from the date the final order of the Board is filed with the Clerk of the Department to either pay the fines and/or costs associated with their violation or dispute any matter contained in the citation.
a) 10 days
b) 30 days
c) 90 days
d) 1 year

Back 39

Answer: B


b) 30 days (CORRECT)

Front 40

Pertaining to Chapter 64B17-2.005 "Biennial Renewal and Inactive Status; Delinquency; Reactivation; and Change of Status Fees.
____ 1. A license which is NOT renewed at the end of the biennium (every 2 years) as prescribed by the Department of Health shall automatically revert to_________ Status which automatically revokes the privilege to practice in Florida:
A. Suspended
B. Inactive
C. Delinquent
D. Revoked

Back 40

Answer: C

C. Delinquent (CORRECT)

Front 41

FS 64B17
Which of these is not a factor in determining appropriate disciplinary action according to the disciplinary guidelines?
a) The danger to the Public
b) The age of the patient
c) The length of time the licensee has held a license
d) Remorse of the licensee

Back 41

Answer: B

b) The age of the patient (correct answer)

Front 42

486.031
To be eligible for licensing as a PT, which of the following must hold true:
a) The applicant must be at least 18 years old
b) The applicant must have graduated from a school of physical therapy that has been approved and accredited in the US
c) The applicant cannot go to a physical therapy school in a foreign country
d) a and b
e) all of the above

Back 42

Answer:
d) a and b (CORRECT)

a) The applicant must be at least 18 years old
b) The applicant must have graduated from a school of physical therapy that has been approved and accredited in the US

Front 43

456.053 (p62)
What is the definition of a rural area?
(A) a county with a population density of no greater than 100 persons per square mile
(B) a city with a population density of no greater than 50 persons per square mile
(C) an area more than 20 miles from a city with a population density of greater than 500 per square mile
(D) B and C

Back 43

Answer: A

(A) a county with a population density of no greater than 100 persons per square mile (CORRECT)

Front 44

Section 456.052
When a health care provider refers a patient to another provider of health services in which the referring provider has a financial investment, the referring provider must provide written disclosure informing the patient of:
a. the provider’s investment interest
b. names and addresses of two alternate sources of the service
c. the patient’s right to obtain the service at any place of his/her choice
d. a & c only
e. each of the above

Back 44

Answer: E. each of the above (CORRECT)


a. the provider’s investment interest
b. names and addresses of two alternate sources of the service
c. the patient’s right to obtain the service at any place of his/her choice

Front 45

FS 456
For initial application certification under s. 464.012 (NURSING), which of the following is not needed?
a) Submission of fingerprints to the Department of Health
b) Forwarding of fingerprints to the FBI for a national criminal history check
c) Submission of health records to the Department of Health
d) Forwarding of fingerprints to the Florida Department of Law Enforcement for a statewide criminal history check

Back 45

Answer: C

c) Submission of health records to the Department of Health (CORRECT)

Front 46

486.109 Continuing Education
As a physical therapist, how many continuing education hours are required to renew your license?
A. 32
B. 18
C. 24
D. 12

Back 46

Answer: C

C. 24 (CORRECT)

Front 47

64B17.003
In order for a PT or PTA with a suspended or restricted license to demonstrate compliance and competence with the final order the licensee must ____.
1. complete CEU courses or remedial courses
2. provide evidence of remorse and understanding of actions leading to suspension
3. submission or reports of mental of physical examination by appropriate professionals
4. treatment with a program if appropriate (alleviate alcohol, chemical, or drug dependencies)
5. Oral testimony to the board to the physical therapists intent
6. anything else the board wants you to do to demonstrate you can safely practice PT

a. 1,2,5
b. 2,3,4,6
c. 1,3,4,6
d. 1,3,5,6
e. 1, 2, 6

Back 47

Answer: c. 1,3,4,6 (CORRECT)

1. complete CEU courses or remedial courses
3. submission or reports of mental of physical examination by appropriate professionals
4. treatment with a program if appropriate (alleviate alcohol, chemical, or drug dependencies)
6. anything else the board wants you to do to demonstrate you can safely practice PT

Front 48

FS 456.053
Who is not considered an "immediate family member" under the Financial Arrangements between Referring Health Care Provider and Providers of Health Care?
A) spouse
B) child
C) grandchild spouse
D) child's spouse
E) none of the above

Back 48

Answer: E


E) none of the above (CORRECT)

Front 49

486.021
_____ Which of the following is not included in the practice of physical therapy?
A. Assessment and the treatment of any disability, injury, disease, or other health condition of human beings.
B. Diagnosis of any disability, injury, disease, or other health condition of human beings.
C. The use of radiant energy, including ultraviolet, visible, and infrared rays.
D. Prevention of disability, injury, disease, or other condition of health.

Back 49

Answer: B

B. Diagnosis of any disability, injury, disease, or other health condition of human beings. (CORRECT)

Front 50

Chapter 456.025 Fees, receipts, disposition
Question:
Fees collected in order to provide continuing education courses or programs should be used for:
a. personal expenses
b. maintaining an electronic continuing education tracking system.
c. Business equipment and/or other supplies
d. none of the above

Back 50

Answer: B

b. maintaining an electronic continuing education tracking system. (CORRECT)

Front 51

64B17-4.002
After failing the NPTE (National PT Examination) for PTAs 3 times you are required to:
A: Speak with three of your prior CIs and have them sign off on a waiver
B: Successfully complete a course of study or internship to prepare you for the PTA examination
C: Retake your last year of school
D: You aren't required to do anything. Just go ahead and take it a fourth time

Back 51

Answer: B
B: Successfully complete a course of study or internship to prepare you for the PTA examination (CORRECT)

Front 52

64B17-6.003 Minimum Qualification to Perform Electromyography.

Before a physical therapist may perform electromyography as an aid to the diagnosis of any human condition, he must have completed ____hours of testing human subjects under the direct supervision of a licensed physician or licensed physical therapist who has previously met the qualifications outlined in 64B17-6.003, and should be able to present evidence of having performed ____ tests on neurologically involved patients, with findings corroborated by a licensed physician or licensed physical therapist who has previously met these qualifications.

a. 50 hours; 10 tests
b. 100 hours; 50 tests
c. 200 hours; 100 tests
d. A physical therapist is not allowed to perform electromyography

Back 52

Answer: C

c. 200 hours; 100 tests - correct answer