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49 Cards in this Set

  • Front
  • Back
1. Legislative Intent and
Definitions - 10 questions

486.015
Legislative intent.—The sole legislative purpose in enacting this chapter is to ensure that every physical therapy practitioner practicing in this state meets minimum requirements for safe practice. It is the legislative intent that physical therapy practitioners who fall below minimum competency or who otherwise present a danger to the public be
prohibited from practicing in this state.
1. Legislative Intent and
Definitions - 10 questions

456.003
456.003 Legislative intent; requirements.—
(1) It is the intent of the Legislature that persons desiring to engage in any lawful profession regulated by the department shall be entitled to do so as a matter of right if otherwise qualified.
(2) The Legislature further believes that such professions shall be regulated only for the preservation of the health, safety, and welfare of the public under the police powers of the state. Such professions shall be regulated when:
(a) Their unregulated practice can harm or endanger the health, safety, and welfare of the public, and when the potential for such harm is recognizable and clearly outweighs any anticompetitive impact which may result from regulation.
(b) The public is not effectively protected by other means, including, but not limited to, other state statutes, local ordinances, or federal legislation.
(c) Less restrictive means of regulation are not available.
(3) It is further legislative intent that the use of the term “profession” with respect to those activities licensed and regulated by the department shall not be deemed to mean that such activities are not occupations for other purposes in state or federal law.
(4)(a) Neither the department nor any board may create unreasonably restrictive and extraordinary standards that deter
qualified persons from entering the various professions. Neither the department nor any board may take any action that tends
to create or maintain an economic condition that unreasonably restricts competition, except as specifically provided by law.
(b) 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.
(c) The Legislature shall evaluate proposals to increase the regulation of regulated professions or occupations to determine the effect of increased regulation on job creation or retention and employment opportunities.
(5) Policies adopted by the department shall ensure that all expenditures are made in the most cost-effective manner to
maximize competition, minimize licensure costs, and maximize public access to meetings conducted for the purpose of
professional regulation. The long-range planning function of the department shall be implemented to facilitate effective operations and to eliminate inefficiencies.
(6) Unless expressly and specifically granted in statute, the duties conferred on the boards do not include the enlargement, modification, or contravention of the lawful scope of practice of the profession regulated by the boards. This subsection shall not prohibit the boards, or the department when there is no board, from taking disciplinary action or issuing a
declaratory statement.
1. Legislative Intent and
Definitions - 10 Questions

1.2 Definition of Physical
therapy/practice of physical
therapy

486.021(8)
(8) “Physical therapy” or “physiotherapy,” each of which terms is deemed identical and interchangeable with each
other, means a health care profession.
1. Legislative Intent and
Definitions - 10 Questions

1.2 Definition of Physical
therapy/practice of physical
therapy

486.021(11)
(11) “Practice of physical therapy” 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; the performance of acupuncture only upon compliance with the criteria set forth by the Board
of Medicine, when no penetration of the skin occurs; the use of radiant energy, including ultraviolet, visible, and infrared
rays; ultrasound; water; the use of apparatus and equipment in the application of the foregoing or related thereto; the
performance of tests of neuromuscular functions as an aid to the diagnosis or treatment of any human condition; or the
performance of electromyography as an aid to the diagnosis of any human condition only upon compliance with the criteria
set forth by the Board of Medicine. A physical therapist may implement a plan of treatment for a patient. The physical
therapist shall refer the patient to or consult with a health care practitioner licensed under chapter 458, chapter 459, chapter
460, chapter 461, or chapter 466, if the patient’s condition is found to be outside the scope of physical therapy. If physical
therapy treatment for a patient is required beyond 21 days for a condition not previously assessed by a practitioner of record,
the physical therapist shall obtain a practitioner of record who will review and sign the plan. A health care practitioner
licensed under chapter 458, chapter 459, chapter 460, chapter 461, or chapter 466 and engaged in active practice is eligible to
serve as a practitioner of record. The use of roentgen rays and radium for diagnostic and therapeutic purposes and the use of
electricity for surgical purposes, including cauterization, are not authorized under the term “physical therapy” as used in this
chapter. The practice of physical therapy as defined in this chapter does not authorize a physical therapy practitioner to
practice chiropractic medicine as defined in chapter 460, including specific spinal manipulation. For the performance of
specific chiropractic spinal manipulation, a physical therapist shall 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.
1. Legislative Intent and
Definitions - 10 questions

1.3 Definition of Physical
Therapist, Physical Therapist
Assistant, Support Personnel

486.021 (5)
(5) “Physical therapist” means a person who is licensed and who practices physical therapy in accordance with the
provisions of this chapter.
1. Legislative Intent and
Definitions - 10 questions

1.3 Definition of Physical
Therapist, Physical Therapist
Assistant, Support Personnel

486.021 (7)
(7) “Physical therapy practitioner” 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.
1. Legislative Intent and
Definitions - 10 questions

1.3 Definition of Physical
Therapist, Physical Therapist
Assistant, Support Personnel

486.021(6)
(6) “Physical therapist assistant” 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.
Patient-related activities performed by a physical therapist assistant for a board-certified orthopedic physician or physiatrist
licensed pursuant to chapter 458 or chapter 459 or a practitioner licensed under chapter 460 shall be under the general
supervision of a physical therapist, but shall not require onsite supervision by a physical therapist. Patient-related activities
performed for all other health care practitioners licensed under chapter 458 or chapter 459 and those patient-related activities
performed for practitioners licensed under chapter 461 or chapter 466 shall be performed under the onsite supervision of a
physical therapist.
1. Legislative Intent and
Definitions

1.4 Types of Licenses, inactive
status, etc.

486.021(3)
(3) “License” 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.
1. Legislative Intent and
Definitions

1.4 Types of Licenses, inactive
status, etc.

64B17-5
CHAPTER 64B17-5 INACTIVE STATUS AND REACTIVATION
64B17-5.001 Requirements for Reactivation of an Inactive License.
64B17-5.002 Exemption of Spouses of Members of Armed Forces from Licensure Renewal Provisions.
64B17-5.001 Requirements for Reactivation of an Inactive or Retired License.
Depending upon the time of reactivation, an inactive or retired license shall be reactivated upon demonstration that the
licensee has paid the reactivation fee, the biennial renewal fee for an active license or the difference between the inactive or
retired status renewal fee and the active status renewal fee, and if applicable, a change of status and/or delinquency fee,
provided that the licensee has:
(1) Documented completion of 10 hours of continuing education of formal approved study pertinent to practice for each
year the license was inactive. No more than 6 hours of continuing education may be home study per year of inactive status.
(2) Documented completion of the required medical errors prevention courses as prescribed in Rule 64B17-8.002,
F.A.C., for each biennium after the effective date of the statutory requirement while the license was inactive.
(3) Documented completion of 2 hours of continuing education specifically related to Physical Therapy laws and rules
within one year prior to reactivation.
(4) Documented proof of completion of 24 hours of approved continuing education as provided in Rule 64B17-9.001,
F.A.C., including medical errors prevention for the preceding biennium during which the licensee held an active license.

64B17-5.002 Exemption of Spouses of Members of Armed Forces from Licensure Renewal Provisions.
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 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.
1. Legislative Intent and
Definitions

1.5 Definition of supervision
and levels of supervision

486.021(9)
(9) “Direct supervision” 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.
General supervision – Supervision of a physical therapist assistant shall not require on-site supervision by the
physical therapist. The physical therapist shall be accessible at all times by two way communication, which enables the
physical therapist to respond to an inquiry when made and to be readily available for consultation during the delivery of care,
and shall be within the same geographic location as the assistant.
General supervision – Supervision of a physical therapist assistant shall not require on-site supervision by the
physical therapist. The physical therapist shall be accessible at all times by two way communication, which enables the
physical therapist to respond to an inquiry when made and to be readily available for consultation during the delivery of care,
and shall be within the same geographic location as the assistant.
2. Board Powers and
Duties - 2 questions

2.1 Continuing education

486.109
486.109 Continuing education.—
(1) The board shall require licensees to periodically demonstrate their professional competence as a condition of
renewal of a license by completing 24 hours of continuing education biennially.
(2) The board shall approve only those courses sponsored by a college or university which provides a curriculum for
training physical therapists or physical therapist assistants which is accredited by, or has status with an accrediting agency
approved by, the United States Department of Education or courses sponsored or approved by the Florida Physical Therapy
Association or the American Physical Therapy Association.
(3) The board may make exceptions from the requirements of this section in emergency or hardship cases as provided
by rule.
(4) Each licensee shall be responsible for maintaining sufficient records in a format as determined by rule which shall
be subject to a random audit by the department to assure compliance with this section.
(5) The board may adopt rules within the requirements of this section that are necessary for its implementation.
2. Board Powers and
Duties - 2 questions

2.1 Continuing education

64B17-8
CHAPTER 64B17-8 INSTRUCTION ON HIV/AIDS AND PREVENTION OF MEDICAL ERRORS.
64B17-8.001 Requirement for Instruction on Human Immunodeficiency Virus and Acquired Immune Deficiency
Syndrome.
64B17-8.002 Requirements for Prevention of Medical Errors Education.
64B17-8.001 Requirement for Instruction on Human Immunodeficiency Virus and Acquired Immune Deficiency
Syndrome.
(1) To receive Board approval for biennial renewal, courses on HIV/AIDS shall be 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.
(2) Each licensee must complete at least one clock hour on HIV/AIDS education no later than upon the licensee’s first
renewal of licensure. The Board shall accept coursework from schools of physical therapy, provided such coursework was
completed no more than five (5) years preceding initial licensure date.
(3) Courses approved by any Board within the Division of Medical Quality Assurance of the Department of Health
pursuant to Section 456.033, Florida Statutes, are approved by this Board.
Specific Authority 456.033, 486.025 FS. Law Implemented 456.033 FS. History–New 6-3-90, Amended 9-30-91, 6-3-92,
Formerly 21MM-8.001, 61F11-8.001, Amended 4-20-97, Formerly 59Y-8.001, Amended 4-5-07, 1-8-08.
64B17-8.002 Requirements for Prevention of Medical Errors Education.
(1) To receive Board approval for biennial renewal, courses on medical error prevention shall be two contact hours and
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.
(2) Applicants for initial licensure must have completed at least two contact hours of medical error education. The Board
shall accept coursework from accredited schools of physical therapy provided such coursework was completed after January
1, 2002.
(3) 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.
(4) The course may be used as part of the home study continuing education hours.
(5) Medical errors education courses approved by any Board within the Division of Medical Quality Assurance of the
Department of Health pursuant to Section 456.003, F.S., are approved by this Board.
2. Board Powers and
Duties - 2 questions

2.1 Continuing education

64B17-9
64B17-9.001 Continuing Education.
(1) Every person licensed pursuant to Chapter 486, F.S., shall be required to complete twenty-four contact hours of
continuing education courses approved by the Board in the twenty-four months preceding each biennial renewal period as
established by the Department. With the exception of the required courses in the prevention of medical errors and HIV/AIDS,
applicants who become licensed in the second half of the biennium are exempt from this continuing education requirement
for their first renewal.
(2) A contact hour shall consist of fifty clock minutes. One half contact hour shall consist of twenty-five clock minutes.
One continuing educational unit (CEU) shall be considered equivalent to ten (10) contact hours.
(3) Acceptable subject areas for physical therapy continuing education include professional ethics, clinical education,
clinical practice, clinical research, clinical management, clinical science, Florida law relating to physical therapy, basic
sciences, risk management, and HIV/AIDS. No more than five contact hours of courses in risk management shall be accepted
within a biennium. Up to three contact hours in HIV/AIDS education pursuant to Rule Chapter 64B17-8, F.A.C., may be
included in the 24 contact hours. Up to three contact hours in prevention of medical errors education pursuant to Rule
Chapter 64B17-8, F.A.C., may be included in the 24 contact hours.
(4) The Board will accept up to twelve contact hours for home study during a biennium.
(5) Course instructors providing continuing education to licensees under this chapter shall receive up to six contact hours
credit per biennium. This shall be awarded on a contact hour for each contact hour presented. However, instructors teaching
their normal course of instruction shall not be granted contact hours toward their continuing education.
(6) The Board approves for continuing education credit:
(a) Courses sponsored by a program in physical therapy at a college or university which provides a curriculum for
training physical therapists or physical therapist assistants, when approved by the physical therapy or physical therapy
assistants program, which is accredited by, or has status with an accrediting agency approved by the United States
Department of Education. One credit hour is the equivalent of one contact hour.
(b) Courses sponsored or approved by the American Physical Therapy Association or any of its components.
(c) Courses sponsored or approved by the Florida Physical Therapy Association, so long as they meet the criteria set
forth in subsection 64B17-9.001(3), F.A.C.
(d) Attendance at Florida Board meetings where disciplinary cases are being heard if the licensee is not on the agenda or
appearing for another purpose. The number of risk management contact hours for such attendance is based on the definition
of contact hour as set forth in subsection (2).
35
(e) Members of the Board’s Probable Cause Panel shall receive five hours of continuing education risk management
credit per biennium for their service on the Panel.
(f) Licensees who file DOH form #DH-MQA 1144, PT Florida Laws and Rules Examination Application, Revised
08/09, incorporated by reference, which is available through www.doh.state.fl.us/mqa, and take and pass the Florida laws and
rules examination shall receive two (2) hours of continuing education per biennium. The continuing education credit shall be
awarded only for the biennium in which the examination was taken and passed. Continuing education credit shall not be
awarded to licensees that take and pass the examination as a result of a disciplinary proceeding or as a board ordered
condition of initial licensure, re-activation or reinstatement.
(7) The Board shall make exceptions for licensees from the continuing education requirements including waiver of all or
a portion of these requirements or the granting of an extension of time in which to complete these requirements upon a
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) 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.
(8) 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.
3. Licensure and
Examination

3.1 Renewal/name changes

486.085(PT)
486.085 Physical therapist; 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 $200.
(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 adopt rules relating to application procedures for inactive status, for renewal of inactive licenses,
and for the reactivation of licenses. 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:
1. 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 reactivation; or
2. Makes application for and passes the examination as provided by s. 486.051 and pays the fee therefor as provided in
s. 486.041.
3. Licensure and
Examination

3.1 Renewal/name changes

456.036
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.
53
(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 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) This section does not apply to a business establishment registered, permitted, or licensed by the department to do
business.
(15) 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.
3. Licensure and
Examination

3.1 Renewal/name changes

486.108(PTA)
486.108 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:
12
1. 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
2. Makes application for and passes the examination as provided by s. 486.104 and pays the fee therefor as provided in
s. 486.103.
3. Licensure and
Examination

3.1 Renewal/name changes

64B17-2.005(PT, PTA)
64B17-2.005 Biennial Renewal and Inactive Status; Delinquency; Reactivation; and Change of Status Fees.
(1) The biennial renewal fee for an active license is $75.
(2) The biennial renewal fee for an inactive license is $50. Inactive status automatically revokes the privilege to practice
in Florida.
(3) The retired status fee for a retired status license is $50. Retired license status automatically revokes the privilege to
practice in Florida.
(4) A license which is not renewed at the end of the biennium as prescribed by the Department shall automatically revert
to delinquent status. Delinquent status automatically revokes the privilege to practice in Florida. The delinquency fee is $55.
(5) The unlicensed activity fee is $5.00. This fee is in addition to the active or inactive licensure renewal fee.
(6) The fee for reactivation is $50.
(7) The change of status fee is $40.
(8) Failure by a delinquent licensee to become active or inactive before the expiration of the current licensure cycle
renders the license null without further action by the board or the Department. Any subsequent licensure shall be as a result
of applying for and meeting all requirements at the time of application.
3. Licensure and
Examination

3.1 Renewal/name changes

64B17-6.004
64B17-6.004 Address of Licensee.
Each person holding a license issued pursuant to Chapter 486, Florida Statutes, must maintain on file with the Board of
Physical Therapy Practice the current address at which any notice required by law may be served by the Board or its agent.
Within sixty days of changing this address, whether or not within this state, the licensee shall notify the Board office in
writing of the new address.
3. Licensure and
Examination - 3 Questions

3.2 Reinstatement of license

486.085 (PT)
486.085 Physical therapist; 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 $200.
(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 adopt rules relating to application procedures for inactive status, for renewal of inactive licenses,
and for the reactivation of licenses. 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:
1. 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 reactivation; or
2. Makes application for and passes the examination as provided by s. 486.051 and pays the fee therefor as provided in
s. 486.041.
3. Licensure and
Examination - 3 Questions

3.2 Reinstatement of license

486.108(PTA)
486.108 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:
1. 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
2. Makes application for and passes the examination as provided by s. 486.104 and pays the fee therefor as provided in
s. 486.103.
3. Licensure and
Examination - 3 Questions

3.2 Reinstatement of license

64B17-5.001
64B17-5.001 Requirements for Reactivation of an Inactive or Retired License.
Depending upon the time of reactivation, an inactive or retired license shall be reactivated upon demonstration that the
licensee has paid the reactivation fee, the biennial renewal fee for an active license or the difference between the inactive or
retired status renewal fee and the active status renewal fee, and if applicable, a change of status and/or delinquency fee,
provided that the licensee has:
(1) Documented completion of 10 hours of continuing education of formal approved study pertinent to practice for each
year the license was inactive. No more than 6 hours of continuing education may be home study per year of inactive status.
(2) Documented completion of the required medical errors prevention courses as prescribed in Rule 64B17-8.002,
F.A.C., for each biennium after the effective date of the statutory requirement while the license was inactive.
(3) Documented completion of 2 hours of continuing education specifically related to Physical Therapy laws and rules
within one year prior to reactivation.
(4) Documented proof of completion of 24 hours of approved continuing education as provided in Rule 64B17-9.001,
F.A.C., including medical errors prevention for the preceding biennium during which the licensee held an active license.
4. Patient Care
Management and Use of
Titles - 14 questions

4.1 Use of Titles

486.135
486.135 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.
4. Patient Care
Management and Use of
Titles - 14 questions

4.1 Use of Titles

486.151
486.151 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.
4. Patient Care
Management and Use of
Titles - 14 questions

4.2 Components of
Care/Standards of Practice

486.021(10)
(10) “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.
4. Patient Care
Management and Use of
Titles - 14 questions

4.2 Components of
Care/Standards of Practice

64B17-6.001
64B17-6.001 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) Delegation – The authorization and empowerment by a physical therapist of the physical therapist assistant or
unlicensed personnel, as outlined in Rule 64B17-6.007, F.A.C., to carry out actions subject to licensure under Chapter 486,
Florida Statutes.
(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 actions subject to licensure pursuant to
Chapter 486, Florida Statutes, while the licensed supervisor is immediately physically available. On-site Supervision means
direct supervision.
(f) General supervision – Supervision of a physical therapist assistant shall not require on-site supervision by the
physical therapist. The physical therapist shall be accessible at all times by two way communication, which enables the
physical therapist to respond to an inquiry when made and to be readily available for consultation during the delivery of care,
and shall be within the same geographic location as the 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 to Patients’ Rights and Dignity.
(a) Physical therapy is a profession involving skilled practice of patient care. The delegation of tasks and direction of
actions to subordinates is a serious responsibility for the physical therapist. The primary concern of the physical therapist is
always the safety, well being, and best interest of the patient.
(b) Physical therapists and physical therapist assistants shall recognize and carry out services consistent with legal rights
and personal dignity of the patient. It is the responsibility of the licensee to 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.
(c) Physical therapists and physical therapist assistants shall 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
24
involved in the actual care.
(d) Physical therapists and physical therapist assistants shall avoid acts which blatantly disregard a patient’s modesty and
shall neither suggest nor engage in sexual activities with patients under their care.
(e) Physical therapists and physical therapist assistants shall not use or 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,
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.
(f) Physical therapists and physical therapist assistants shall not exploit the patient or client for the financial gain of the
licensee or a third party.
(g) Physical therapists and physical therapist assistants must 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.
(a) The physical therapist shall 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) The physical therapist shall not implement any plan of care, that, in the physical therapist’s judgement, 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) The physical therapist shall not delegate any function or task which requires the skill, knowledge, and judgment of
the physical therapist.
(d) The physical therapist shall 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) The physical therapist shall hold primary responsibility for physical therapy care rendered under his direction and
shall be available for consultation at all times.
(f) The physical therapist’s professional responsibilities include, but are not limited to:
1. Interpretation of the practitioner’s referral.
2. Provision of the initial physical therapy assessment of the patient.
3. Identification of 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. Delegation of appropriate tasks.
7. Direction and supervision of supportive staff in a manner appropriate for the patient’s individual needs.
8. Reassessment of the patient in reference to goals and, when necessary, modification of the treatment plan.
9. Collaboration with members of the health care team when appropriate.
(g) Physical therapists, when participating in student and/or trainee programs shall assure that the programs are approved
or pending approval by the appropriate accrediting agency recognized by the Council on Postsecondary Accreditation
(formerly the National Commission on Accreditation and the Federation of Regional Accrediting Commissions of Higher
Education) or the United States Department of Education and provide on-site supervision when students are performing
patient care activities.
(h) Physical therapists shall 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) The Physical Therapist Assistant Responsibilities.
(a) The physical therapist assistant shall not initiate or change treatment without the prior assessment and approval of the
physical therapist.
(b) During the delivery of physical therapy care to a patient who is an inpatient in a hospital, or who is in the acute phase
25
of injury or illness, the physical therapist assistant shall not provide services to patient, unless the physical therapist is readily
and physically available to provide consultation.
(c) The physical therapist assistant shall not carry out treatment procedures detrimental to the patient or for which the
assistant is not qualified.
(d) The physical therapist assistant shall report all untoward patient responses or change in medical status to the physical
therapist.
(e) The physical therapist assistant shall refer inquiries regarding patient prognosis to the physical therapist.
(f) The physical therapist assistant shall 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.
(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:
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 should 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.
(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) Pre-1973 Physical Therapy “Aide.” No person licensed pursuant to Chapter 486, Florida Statutes, shall delegate any
acts that are the subject of licensure pursuant to Chapter 486, Florida Statutes, except to a unless the person who is licensed
pursuant to that chapter, or unless the person was performing, prior to the 1973 amendments to that chapter, “duties” which
are now acts subject to licensure. Furthermore, any unlicensed person currently being delegated and performing acts which
are subject to licensure, by reason of having performed them prior to 1973, shall comply with Rule 64B17-6.001, F.A.C.,
except that, in all practice settings, such person shall perform such acts only under the direct supervision of the physical
therapist.
(8) 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.
4. Patient Care
Management and Use of
Titles - 14 questions

4.2 Components of
Care/Standards of Practice

64B17-6.003
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.
4. Patient Care
Management and Use of
Titles - 14 questions

4.2 Components of
Care/Standards of Practice

64B17-6.006
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.
4. Patient Care
Management and Use of
Titles - 14 questions

4.3 Supervision requirements
and ratios (not definitions)

64B17-6.001
64B17-6.001 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) Delegation – The authorization and empowerment by a physical therapist of the physical therapist assistant or
unlicensed personnel, as outlined in Rule 64B17-6.007, F.A.C., to carry out actions subject to licensure under Chapter 486,
Florida Statutes.
(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 actions subject to licensure pursuant to
Chapter 486, Florida Statutes, while the licensed supervisor is immediately physically available. On-site Supervision means
direct supervision.
(f) General supervision – Supervision of a physical therapist assistant shall not require on-site supervision by the
physical therapist. The physical therapist shall be accessible at all times by two way communication, which enables the
physical therapist to respond to an inquiry when made and to be readily available for consultation during the delivery of care,
and shall be within the same geographic location as the 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 to Patients’ Rights and Dignity.
(a) Physical therapy is a profession involving skilled practice of patient care. The delegation of tasks and direction of
actions to subordinates is a serious responsibility for the physical therapist. The primary concern of the physical therapist is
always the safety, well being, and best interest of the patient.
(b) Physical therapists and physical therapist assistants shall recognize and carry out services consistent with legal rights
and personal dignity of the patient. It is the responsibility of the licensee to 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.
(c) Physical therapists and physical therapist assistants shall 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
24
involved in the actual care.
(d) Physical therapists and physical therapist assistants shall avoid acts which blatantly disregard a patient’s modesty and
shall neither suggest nor engage in sexual activities with patients under their care.
(e) Physical therapists and physical therapist assistants shall not use or 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,
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.
(f) Physical therapists and physical therapist assistants shall not exploit the patient or client for the financial gain of the
licensee or a third party.
(g) Physical therapists and physical therapist assistants must 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.
(a) The physical therapist shall 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) The physical therapist shall not implement any plan of care, that, in the physical therapist’s judgement, 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) The physical therapist shall not delegate any function or task which requires the skill, knowledge, and judgment of
the physical therapist.
(d) The physical therapist shall 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) The physical therapist shall hold primary responsibility for physical therapy care rendered under his direction and
shall be available for consultation at all times.
(f) The physical therapist’s professional responsibilities include, but are not limited to:
1. Interpretation of the practitioner’s referral.
2. Provision of the initial physical therapy assessment of the patient.
3. Identification of 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. Delegation of appropriate tasks.
7. Direction and supervision of supportive staff in a manner appropriate for the patient’s individual needs.
8. Reassessment of the patient in reference to goals and, when necessary, modification of the treatment plan.
9. Collaboration with members of the health care team when appropriate.
(g) Physical therapists, when participating in student and/or trainee programs shall assure that the programs are approved
or pending approval by the appropriate accrediting agency recognized by the Council on Postsecondary Accreditation
(formerly the National Commission on Accreditation and the Federation of Regional Accrediting Commissions of Higher
Education) or the United States Department of Education and provide on-site supervision when students are performing
patient care activities.
(h) Physical therapists shall 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) The Physical Therapist Assistant Responsibilities.
(a) The physical therapist assistant shall not initiate or change treatment without the prior assessment and approval of the
physical therapist.
(b) During the delivery of physical therapy care to a patient who is an inpatient in a hospital, or who is in the acute phase
25
of injury or illness, the physical therapist assistant shall not provide services to patient, unless the physical therapist is readily
and physically available to provide consultation.
(c) The physical therapist assistant shall not carry out treatment procedures detrimental to the patient or for which the
assistant is not qualified.
(d) The physical therapist assistant shall report all untoward patient responses or change in medical status to the physical
therapist.
(e) The physical therapist assistant shall refer inquiries regarding patient prognosis to the physical therapist.
(f) The physical therapist assistant shall 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.
(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:
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 should 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.
(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) Pre-1973 Physical Therapy “Aide.” No person licensed pursuant to Chapter 486, Florida Statutes, shall delegate any
acts that are the subject of licensure pursuant to Chapter 486, Florida Statutes, except to a unless the person who is licensed
pursuant to that chapter, or unless the person was performing, prior to the 1973 amendments to that chapter, “duties” which
are now acts subject to licensure. Furthermore, any unlicensed person currently being delegated and performing acts which
are subject to licensure, by reason of having performed them prior to 1973, shall comply with Rule 64B17-6.001, F.A.C.,
except that, in all practice settings, such person shall perform such acts only under the direct supervision of the physical
therapist.
(8) 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.
4. Patient Care
Management and Use of
Titles - 14 questions

4.3 Supervision requirements
and ratios (not definitions)

64B17-6.002
64B17-6.002 General Supervision of Physical Therapist Assistants; Eligibility; Requirements.
A physical therapist assistant employed by a board certified orthopedic physician or physiatrist, or a chiropractic physician
certified in physiotherapy, shall be under the general supervision of a physical therapist. A physical therapist assistant
employed by any physician other than a board certified orthopedic physician or physiatrist or a chiropractic physician
certified in physiotherapy shall be under the onsite supervision of a physical therapist. In order to insure adequate supervision
of the physical therapist assistant by the supervising physical therapist where general supervision is permitted, there shall be
an agreement between the board certified orthopedic physician or physiatrist or chiropractic physician and the supervising
physical therapist, which includes at least the minimum standards of physical therapy practice contained in Rule 64B17-
6.001, F.A.C. 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 the board certified orthopedic
physician or physiatrist or chiropractic physician certified in physiotherapy.
4. Patient Care
Management and Use of
Titles - 14 questions

4.3 Supervision requirements
and ratios (not definitions)

64B17-6.007
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
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.
1. 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.
2. It is the responsibility of the physical therapist to insure that the necessary training occurred prior to the delegation of a
28
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:
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.
(b) Those activities that require the special knowledge, judgment, and skills of the physical therapist assistant, which
include:
1. Subsequent reassessments of the patient.
2. 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.
4. Patient Care
Management and Use of
Titles - 14 questions

4.4 Referral if outside scope of
physical therapist practice

64B17-6
The physical
therapist shall refer the patient to or consult with a health care practitioner licensed under chapter 458, chapter 459, chapter
460, chapter 461, or chapter 466, if the patient’s condition is found to be outside the scope of physical therapy.
4. Patient Care
Management and Use of
Titles - 14 Questions

4.5 Documentation/Medical
Records

64B17-6.0042
64B17-6.0042 Medical Records of Deceased Physical Therapists or Physical Therapist Assistants.
(1) Each physical therapist or physical therapist assistant engaged in practice, who maintains the responsibility for client/
patient medical records, shall ensure that the executor, administrator, personal representative or survivor of such physical
therapist or physical therapist assistant shall arrange to maintain those medical records in existence upon the death of the
physical therapist or physical therapist assistant for a period of at least two (2) years from the date of the death of the physical
therapist or physical therapist assistant.
(2) Within one (1) month from the date of death of the physical therapist or physical therapist assistant, the executor,
administrator, personal representative or survivor shall cause to be published in the newspaper of greatest general circulation
in the county where the physical therapist or physical therapist assistant practiced, a notice indicating to the clients/patients of
the deceased physical therapist or physical therapist assistant 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.
(3) At the conclusion of a 22-month period of time from the date of death of the physical therapist or physical therapist
assistant 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 physical
therapist or physical therapist assistant 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) Any records shall be disposed of in a manner that would secure the permanent confidentiality of records.
4. Patient Care
Management and Use of
Titles - 14 Questions

4.5 Documentation/Medical
Records

64B17-6.0044
64B17-6.0044 Medical Records of Physical Therapists or Physical Therapist Assistants Relocating or Terminating
Practice.
(1) The Board of Physical Therapy Practice and the Legislature recognize the need for maintenance and retention of
medical records in order to protect and serve clients/patients. For that reason, the Legislature has directed the Board of
Physical Therapy Practice to promulgate rules setting standards that will provide a minimum requirement for retention and
disposition of client/ patient records of licensees relocating and terminating practice. However, the Board of Physical
Therapy Practice is concerned that the promulgation of these rules may mislead the licensees. Subsection (2) of this rule sets
forth standards which, if not met, will constitute a violation of Sections 456.058 and 486.125, Florida Statutes, and will
subject the licensees to disciplinary proceedings. Licensees should retain medical records as long as needed not only to serve
27
and protect clients/patients, but also to protect themselves against adverse actions. The times specified in subsection (2)
below may well be less than the length of time necessary for protecting the licensees. Furthermore, the times stated may fall
below the community standards for retention in specific communities and practice settings and for specific client/patient
needs. For these purposes, licensees may wish to seek advice from private legal counsel or their insurance carrier.
(2) Each physical therapist or physical therapist assistant 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 least 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. Furthermore, each such licensee shall see
that client/patient records are maintained and may be obtained by the client/patient for a minimum of 2 years after the
termination or relocation of practice.
(3) Any records shall be disposed of in a manner that would secure the permanent confidentiality of records.
4. Patient Care
Management and Use of
Titles - 14 Questions

4.5 Documentation/Medical
Records

64B17.6.005
64B17-6.005 Costs of Duplicating Medical Records.
(1) Any person licensed pursuant to Chapter 486, Florida Statutes, required to release copies of patient medical records
may condition such release upon payment by the requesting party of the reasonable costs of reproducing the records.
(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.
4. Patient Care
Management and Use of
Titles - 14 questions

4.6 Responsibilities of the
physical therapist and physical
therapist assistant

64B17-6.007
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
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.
1. 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.
2. It is the responsibility of the physical therapist to insure that the necessary training occurred prior to the delegation of a
28
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:
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.
(b) Those activities that require the special knowledge, judgment, and skills of the physical therapist assistant, which
include:
1. Subsequent reassessments of the patient.
2. 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.
4. Patient Care
Management and Use of
Titles - 14 questions

4.6 Responsibilities of the
physical therapist and physical
therapist assistant

64B17-6.002
64B17-6.002 General Supervision of Physical Therapist Assistants; Eligibility; Requirements.
A physical therapist assistant employed by a board certified orthopedic physician or physiatrist, or a chiropractic physician
certified in physiotherapy, shall be under the general supervision of a physical therapist. A physical therapist assistant
employed by any physician other than a board certified orthopedic physician or physiatrist or a chiropractic physician
certified in physiotherapy shall be under the onsite supervision of a physical therapist. In order to insure adequate supervision
of the physical therapist assistant by the supervising physical therapist where general supervision is permitted, there shall be
an agreement between the board certified orthopedic physician or physiatrist or chiropractic physician and the supervising
physical therapist, which includes at least the minimum standards of physical therapy practice contained in Rule 64B17-
6.001, F.A.C. 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 the board certified orthopedic
physician or physiatrist or chiropractic physician certified in physiotherapy.
5. Disciplinary Action and
Unlawful Practice - 6 questions

5.1 Grounds for disciplinary
action

486.125(1)
486.125 Refusal, revocation, or suspension of license; administrative fines and other disciplinary measures.—
(1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2):
(a) Being unable to practice physical therapy with reasonable skill and safety to patients by reason of illness or use of
alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition.
1. In enforcing this paragraph, upon a finding of the State Surgeon General or the State Surgeon General’s designee
that probable cause exists to believe that the licensee is unable to practice physical therapy due to the reasons stated in this
paragraph, the department shall have the authority to compel a physical therapist or physical therapist assistant to submit to a
mental or physical examination by a physician designated by the department. If the licensee refuses to comply with such
order, the department’s order directing such examination may be enforced by filing a petition for enforcement in the circuit
court where the licensee resides or serves as a physical therapy practitioner. The licensee against whom the petition is filed
shall not be named or identified by initials in any public court records or documents, and the proceedings shall be closed to
the public. The department shall be entitled to the summary procedure provided in s. 51.011.
2. A physical therapist or physical therapist assistant whose license is suspended or revoked pursuant to this subsection
shall, at reasonable intervals, be given an opportunity to demonstrate that she or he can resume the competent practice of
physical therapy with reasonable skill and safety to patients.
3. Neither the record of proceeding nor the orders entered by the board in any proceeding under this subsection may be
used against a physical therapist or physical therapist assistant in any other proceeding.
(b) Having committed fraud in the practice of physical therapy or deceit in obtaining a license as a physical therapist or
as a physical therapist assistant.
(c) Being convicted or found guilty regardless of adjudication, of a crime in any jurisdiction which directly relates to
the practice of physical therapy or to the ability to practice physical therapy. The entry of any plea of nolo contendere shall be
considered a conviction for purpose of this chapter.
13
(d) Having treated or undertaken to treat human ailments by means other than by physical therapy, as defined in this
chapter.
(e) Failing to maintain acceptable standards of physical therapy practice as set forth by the board in rules adopted
pursuant to this chapter.
(f) Engaging directly or indirectly in the dividing, transferring, assigning, rebating, or refunding of fees received for
professional services, or having been found to profit by means of a credit or other valuable consideration, such as an
unearned commission, discount, or gratuity, with any person referring a patient or with any relative or business associate of
the referring person. Nothing in this chapter shall be construed to prohibit the members of any regularly and properly
organized business entity which is comprised of physical therapists and which is recognized under the laws of this state from
making any division of their total fees among themselves as they determine necessary.
(g) Having a license revoked or suspended; having had other disciplinary action taken against her or him; or having
had her or his application for a license refused, revoked, or suspended by the licensing authority of another state, territory, or
country.
(h) Violating a lawful order of the board or department previously entered in a disciplinary hearing.
(i) Making or filing a report or record which the licensee knows to be false. Such reports or records shall include only
those which are signed in the capacity of a physical therapist.
(j) Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional
responsibilities which the licensee knows or has reason to know that she or he is not competent to perform, including, but not
limited to, specific spinal manipulation.
(k) Violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto.
(2) The board may enter an order denying licensure or imposing any of the penalties in s. 456.072(2) against any
applicant for licensure or licensee who is found guilty of violating any provision of subsection (1) of this section or who is
found guilty of violating any provision of s. 456.072(1).
(3) The board shall not reinstate the license of a physical therapist or physical therapist assistant or cause a license to be
issued to a person it has deemed unqualified until such time as it is satisfied that she or he has complied with all the terms and
conditions set forth in the final order and that such person is capable of safely engaging in the practice of physical therapy.
5. Disciplinary Action and
Unlawful Practice - 6 questions

5.1 Grounds for disciplinary
action

486.123
486.123 Sexual misconduct in the practice of physical therapy.—The physical therapist-patient relationship is
founded on mutual trust. Sexual misconduct in the practice of physical therapy means violation of the physical therapistpatient
relationship through which the physical therapist uses that relationship to induce or attempt to induce the patient to
engage, or to engage or attempt to engage the patient, in sexual activity outside the scope of practice or the scope of generally
accepted examination or treatment of the patient. Sexual misconduct in the practice of physical therapy is prohibited.
5. Disciplinary Action and
Unlawful Practice - 6 questions

5.1 Grounds for disciplinary
action

456.072
456.072 Grounds for discipline; penalties; enforcement.—
(1) The following acts shall constitute grounds for which the disciplinary actions specified in subsection (2) may be
taken:
(a) Making misleading, deceptive, or fraudulent representations in or related to the practice of the licensee’s profession.
(b) Intentionally violating any rule adopted by the board or the department, as appropriate.
(c) Being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a
crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee’s profession.
(d) Using a Class III or a Class IV laser device or product, as defined by federal regulations, without having complied
with the rules adopted under s. 501.122(2) governing the registration of the devices.
(e) Failing to comply with the educational course requirements for human immunodeficiency virus and acquired
immune deficiency syndrome.
(f) Having a license or the authority to practice any regulated profession revoked, suspended, or otherwise acted
against, including the denial of licensure, by the licensing authority of any jurisdiction, including its agencies or subdivisions,
for a violation that would constitute a violation under Florida law. The licensing authority’s acceptance of a relinquishment
of licensure, stipulation, consent order, or other settlement, offered in response to or in anticipation of the filing of charges
against the license, shall be construed as action against the license.
(g) Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the department
against another licensee.
(h) Attempting to obtain, obtaining, or renewing a license to practice a profession by bribery, by fraudulent
misrepresentation, or through an error of the department or the board.
(i) Except as provided in s. 465.016, failing to report to the department any person who the licensee knows is in
violation of this chapter, the chapter regulating the alleged violator, or the rules of the department or the board.
(j) Aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession
contrary to this chapter, the chapter regulating the profession, or the rules of the department or the board.
(k) Failing to perform any statutory or legal obligation placed upon a licensee. For purposes of this section, failing to
repay a student loan issued or guaranteed by the state or the Federal Government in accordance with the terms of the loan or
failing to comply with service scholarship obligations shall be considered a failure to perform a statutory or legal obligation,
and the minimum disciplinary action imposed shall be a suspension of the license until new payment terms are agreed upon
or the scholarship obligation is resumed, followed by probation for the duration of the student loan or remaining scholarship
obligation period, and a fine equal to 10 percent of the defaulted loan amount. Fines collected shall be deposited into the
Medical Quality Assurance Trust Fund.
(l) Making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or
record required by state or federal law, or willfully impeding or obstructing another person to do so. Such reports or records
shall include only those that are signed in the capacity of a licensee.
(m) Making deceptive, untrue, or fraudulent representations in or related to the practice of a profession or employing a
trick or scheme in or related to the practice of a profession.
(n) Exercising influence on the patient or client for the purpose of financial gain of the licensee or a third party.
(o) Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional
responsibilities the licensee knows, or has reason to know, the licensee is not competent to perform.
(p) Delegating or contracting for the performance of professional responsibilities by a person when the licensee
delegating or contracting for performance of the responsibilities knows, or has reason to know, the person is not qualified by
training, experience, and authorization when required to perform them.
73
(q) Violating a lawful order of the department or the board, or failing to comply with a lawfully issued subpoena of the
department.
(r) Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding.
(s) Failing to comply with the educational course requirements for domestic violence.
(t) Failing to identify through written notice, which may include the wearing of a name tag, or orally to a patient the
type of license under which the practitioner is practicing. Any advertisement for health care services naming the practitioner
must identify the type of license the practitioner holds. This paragraph does not apply to a practitioner while the practitioner
is providing services in a facility licensed under chapter 394, chapter 395, chapter 400, or chapter 429. Each board, or the
department where there is no board, is authorized by rule to determine how its practitioners may comply with this disclosure
requirement.
(u) Failing to comply with the requirements of ss. 381.026 and 381.0261 to provide patients with information about
their patient rights and how to file a patient complaint.
(v) Engaging or attempting to engage in sexual misconduct as defined and prohibited in s. 456.063(1).
(w) Failing to comply with the requirements for profiling and credentialing, including, but not limited to, failing to
provide initial information, failing to timely provide updated information, or making misleading, untrue, deceptive, or
fraudulent representations on a profile, credentialing, or initial or renewal licensure application.
(x) Failing to report to the board, or the department if there is no board, in writing within 30 days after the licensee has
been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any
jurisdiction. Convictions, findings, adjudications, and pleas entered into prior to the enactment of this paragraph must be
reported in writing to the board, or department if there is no board, on or before October 1, 1999.
(y) Using information about people involved in motor vehicle accidents which has been derived from accident reports
made by law enforcement officers or persons involved in accidents under s. 316.066, or using information published in a
newspaper or other news publication or through a radio or television broadcast that has used information gained from such
reports, for the purposes of commercial or any other solicitation whatsoever of the people involved in the accidents.
(z) Being unable to practice with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs,
narcotics, chemicals, or any other type of material or as a result of any mental or physical condition. In enforcing this
paragraph, the department shall have, upon a finding of the State Surgeon General or the State Surgeon General’s designee
that probable cause exists to believe that the licensee is unable to practice because of the reasons stated in this paragraph, the
authority to issue an order to compel a licensee to submit to a mental or physical examination by physicians designated by the
department. If the licensee refuses to comply with the order, the department’s order directing the examination may be
enforced by filing a petition for enforcement in the circuit court where the licensee resides or does business. The department
shall be entitled to the summary procedure provided in s. 51.011. A licensee or certificateholder affected under this paragraph
shall at reasonable intervals be afforded an opportunity to demonstrate that he or she can resume the competent practice of his
or her profession with reasonable skill and safety to patients.
(aa) Testing positive for any drug, as defined in s. 112.0455, on any confirmed preemployment or employer-ordered
drug screening when the practitioner does not have a lawful prescription and legitimate medical reason for using the drug.
(bb) Performing or attempting to perform health care services on the wrong patient, a wrong-site procedure, a wrong
procedure, or an unauthorized procedure or a procedure that is medically unnecessary or otherwise unrelated to the patient’s
diagnosis or medical condition. For the purposes of this paragraph, performing or attempting to perform health care services
includes the preparation of the patient.
(cc) Leaving a foreign body in a patient, such as a sponge, clamp, forceps, surgical needle, or other paraphernalia
commonly used in surgical, examination, or other diagnostic procedures. For the purposes of this paragraph, it shall be
legally presumed that retention of a foreign body is not in the best interest of the patient and is not within the standard of care
of the profession, regardless of the intent of the professional.
(dd) Violating any provision of this chapter, the applicable practice act, or any rules adopted pursuant thereto.
(ee) With respect to making a personal injury protection claim as required by s. 627.736, intentionally submitting a
claim, statement, or bill that has been “upcoded” as defined in s. 627.732.
(ff) With respect to making a personal injury protection claim as required by s. 627.736, intentionally submitting a
claim, statement, or bill for payment of services that were not rendered.
(gg) Engaging in a pattern of practice when prescribing medicinal drugs or controlled substances which demonstrates a
lack of reasonable skill or safety to patients, a violation of any provision of this chapter, a violation of the applicable practice
act, or a violation of any rules adopted under this chapter or the applicable practice act of the prescribing practitioner.
Notwithstanding s. 456.073(13), the department may initiate an investigation and establish such a pattern from billing
records, data, or any other information obtained by the department.
(hh) Being terminated from a treatment program for impaired practitioners, which is overseen by an impaired
practitioner consultant as described in s. 456.076, for failure to comply, without good cause, with the terms of the monitoring
or treatment contract entered into by the licensee, or for not successfully completing any drug treatment or alcohol treatment
program.
74
(ii) Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of
adjudication, under 18 U.S.C. s. 669, ss. 285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s. 1349, or s. 1518, or 42
U.S.C. ss. 1320a-7b, relating to the Medicaid program.
(jj) Failing to remit the sum owed to the state for an overpayment from the Medicaid program pursuant to a final order,
judgment, or stipulation or settlement.
(kk) Being terminated from the state Medicaid program pursuant to s. 409.913, any other state Medicaid program, or
the federal Medicare program, unless eligibility to participate in the program from which the practitioner was terminated has
been restored.
(ll) Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of
adjudication, a crime in any jurisdiction which relates to health care fraud.
(2) When the board, or the department when there is no board, finds any person guilty of the grounds set forth in
subsection (1) or of any grounds set forth in the applicable practice act, including conduct constituting a substantial violation
of subsection (1) or a violation of the applicable practice act which occurred prior to obtaining a license, it may enter an order
imposing one or more of the following penalties:
(a) Refusal to certify, or to certify with restrictions, an application for a license.
(b) Suspension or permanent revocation of a license.
(c) Restriction of practice or license, including, but not limited to, restricting the licensee from practicing in certain
settings, restricting the licensee to work only under designated conditions or in certain settings, restricting the licensee from
performing or providing designated clinical and administrative services, restricting the licensee from practicing more than a
designated number of hours, or any other restriction found to be necessary for the protection of the public health, safety, and
welfare.
(d) Imposition of an administrative fine not to exceed $10,000 for each count or separate offense. If the violation is for
fraud or making a false or fraudulent representation, the board, or the department if there is no board, must impose a fine of
$10,000 per count or offense.
(e) Issuance of a reprimand or letter of concern.
(f) Placement of the licensee on probation for a period of time and subject to such conditions as the board, or the
department when there is no board, may specify. Those conditions may include, but are not limited to, requiring the licensee
to undergo treatment, attend continuing education courses, submit to be reexamined, work under the supervision of another
licensee, or satisfy any terms which are reasonably tailored to the violations found.
(g) Corrective action.
(h) Imposition of an administrative fine in accordance with s. 381.0261 for violations regarding patient rights.
(i) Refund of fees billed and collected from the patient or a third party on behalf of the patient.
(j) Requirement that the practitioner undergo remedial education.
In determining what action is appropriate, the board, or department when there is no board, must first consider what sanctions
are necessary to protect the public or to compensate the patient. Only after those sanctions have been imposed may the
disciplining authority consider and include in the order requirements designed to rehabilitate the practitioner. All costs
associated with compliance with orders issued under this subsection are the obligation of the practitioner.
(3)(a) Notwithstanding subsection (2), if the ground for disciplinary action is the first-time failure of the licensee to
satisfy continuing education requirements established by the board, or by the department if there is no board, the board or
department, as applicable, shall issue a citation in accordance with s. 456.077 and assess a fine, as determined by the board or
department by rule. In addition, for each hour of continuing education not completed or completed late, the board or
department, as applicable, may require the licensee to take 1 additional hour of continuing education for each hour not
completed or completed late.
(b) Notwithstanding subsection (2), if the ground for disciplinary action is the first-time violation of a practice act for
unprofessional conduct, as used in ss. 464.018(1)(h), 467.203(1)(f), 468.365(1)(f), and 478.52(1)(f), and no actual harm to
the patient occurred, the board or department, as applicable, shall issue a citation in accordance with s. 456.077 and assess a
penalty as determined by rule of the board or department.
(4) In addition to any other discipline imposed through final order, or citation, entered on or after July 1, 2001, under
this section or discipline imposed through final order, or citation, entered on or after July 1, 2001, for a violation of any
practice act, the board, or the department when there is no board, shall assess costs related to the investigation and
prosecution of the case. The costs related to the investigation and prosecution include, but are not limited to, salaries and
benefits of personnel, costs related to the time spent by the attorney and other personnel working on the case, and any other
expenses incurred by the department for the case. The board, or the department when there is no board, shall determine the
amount of costs to be assessed after its consideration of an affidavit of itemized costs and any written objections thereto. In
any case where the board or the department imposes a fine or assessment and the fine or assessment is not paid within a
reasonable time, the reasonable time to be prescribed in the rules of the board, or the department when there is no board, or in
the order assessing the fines or costs, the department or the Department of Legal Affairs may contract for the collection of, or
bring a civil action to recover, the fine or assessment.
75
(5) In addition to, or in lieu of, any other remedy or criminal prosecution, the department may file a proceeding in the
name of the state seeking issuance of an injunction or a writ of mandamus against any person who violates any of the
provisions of this chapter, or any provision of law with respect to professions regulated by the department, or any board
therein, or the rules adopted pursuant thereto.
(6) If the board, or the department when there is no board, determines that revocation of a license is the appropriate
penalty, the revocation shall be permanent. However, the board may establish by rule requirements for reapplication by
applicants whose licenses have been permanently revoked. The requirements may include, but are not limited to, satisfying
current requirements for an initial license.
(7) The purpose of this section is to facilitate uniform discipline for those actions made punishable under this section
and, to this end, a reference to this section constitutes a general reference under the doctrine of incorporation by reference.
5. Disciplinary Action and
Unlawful Practice - 6 questions

5.2 Receipt of complaint,
Investigative powers, emergency
action, hearing officers

456.073
456.073 Disciplinary proceedings.—Disciplinary proceedings for each board shall be within the jurisdiction of the
department.
(1) The department, for the boards under its jurisdiction, shall cause to be investigated any complaint that is filed
before it if the complaint is in writing, signed by the complainant, and legally sufficient. A complaint filed by a state prisoner
against a health care practitioner employed by or otherwise providing health care services within a facility of the Department
of Corrections is not legally sufficient unless there is a showing that the prisoner complainant has exhausted all available
administrative remedies within the state correctional system before filing the complaint. However, if the Department of
Health determines after a preliminary inquiry of a state prisoner’s complaint that the practitioner may present a serious threat
to the health and safety of any individual who is not a state prisoner, the Department of Health may determine legal
sufficiency and proceed with discipline. The Department of Health shall be notified within 15 days after the Department of
Corrections disciplines or allows a health care practitioner to resign for an offense related to the practice of his or her
profession. A complaint is legally sufficient if it contains ultimate facts that show that a violation of this chapter, of any of the
practice acts relating to the professions regulated by the department, or of any rule adopted by the department or a regulatory
board in the department has occurred. In order to determine legal sufficiency, the department may require supporting
information or documentation. The department may investigate, and the department or the appropriate board may take
appropriate final action on, a complaint even though the original complainant withdraws it or otherwise indicates a desire not
to cause the complaint to be investigated or prosecuted to completion. The department may investigate an anonymous
complaint if the complaint is in writing and is legally sufficient, if the alleged violation of law or rules is substantial, and if
the department has reason to believe, after preliminary inquiry, that the violations alleged in the complaint are true. The
department may investigate a complaint made by a confidential informant if the complaint is legally sufficient, if the alleged
violation of law or rule is substantial, and if the department has reason to believe, after preliminary inquiry, that the
allegations of the complainant are true. The department may initiate an investigation if it has reasonable cause to believe that
a licensee or a group of licensees has violated a Florida statute, a rule of the department, or a rule of a board. Notwithstanding
subsection (13), the department may investigate information filed pursuant to s. 456.041(4) relating to liability actions with
respect to practitioners licensed under chapter 458 or chapter 459 which have been reported under s. 456.049 or s. 627.912
within the previous 6 years for any paid claim that exceeds $50,000. Except as provided in ss. 458.331(9), 459.015(9),
460.413(5), and 461.013(6), when an investigation of any subject is undertaken, the department shall promptly furnish to the
subject or the subject’s attorney a copy of the complaint or document that resulted in the initiation of the investigation. The
subject may submit a written response to the information contained in such complaint or document within 20 days after
service to the subject of the complaint or document. The subject’s written response shall be considered by the probable cause
panel. The right to respond does not prohibit the issuance of a summary emergency order if necessary to protect the public.
76
However, if the State Surgeon General, or the State Surgeon General’s designee, and the chair of the respective board or the
chair of its probable cause panel agree in writing that such notification would be detrimental to the investigation, the
department may withhold notification. The department may conduct an investigation without notification to any subject if the
act under investigation is a criminal offense.
(2) The department shall allocate sufficient and adequately trained staff to expeditiously and thoroughly determine
legal sufficiency and investigate all legally sufficient complaints. For purposes of this section, it is the intent of the
Legislature that the term “expeditiously” means that the department complete the report of its initial investigative findings
and recommendations concerning the existence of probable cause within 6 months after its receipt of the complaint. The
failure of the department, for disciplinary cases under its jurisdiction, to comply with the time limits of this section while
investigating a complaint against a licensee constitutes harmless error in any subsequent disciplinary action unless a court
finds that either the fairness of the proceeding or the correctness of the action may have been impaired by a material error in
procedure or a failure to follow prescribed procedure. When its investigation is complete and legally sufficient, the
department shall prepare and submit to the probable cause panel of the appropriate regulatory board the investigative report
of the department. The report shall contain the investigative findings and the recommendations of the department concerning
the existence of probable cause. The department shall not recommend a letter of guidance in lieu of finding probable cause if
the subject has already been issued a letter of guidance for a related offense. At any time after legal sufficiency is found, the
department may dismiss any case, or any part thereof, if the department determines that there is insufficient evidence to
support the prosecution of allegations contained therein. The department shall provide a detailed report to the appropriate
probable cause panel prior to dismissal of any case or part thereof, and to the subject of the complaint after dismissal of any
case or part thereof, under this section. For cases dismissed prior to a finding of probable cause, such report is confidential
and exempt from s. 119.07(1). The probable cause panel shall have access, upon request, to the investigative files pertaining
to a case prior to dismissal of such case. If the department dismisses a case, the probable cause panel may retain independent
legal counsel, employ investigators, and continue the investigation and prosecution of the case as it deems necessary.
(3) As an alternative to the provisions of subsections (1) and (2), when a complaint is received, the department may
provide a licensee with a notice of noncompliance for an initial offense of a minor violation. Each board, or the department if
there is no board, shall establish by rule those minor violations under this provision which do not endanger the public health,
safety, and welfare and which do not demonstrate a serious inability to practice the profession. Failure of a licensee to take
action in correcting the violation within 15 days after notice may result in the institution of regular disciplinary proceedings.
(4) The determination as to whether probable cause exists shall be made by majority vote of a probable cause panel of
the board, or by the department, as appropriate. Each regulatory board shall provide by rule that the determination of
probable cause shall be made by a panel of its members or by the department. Each board may provide by rule for multiple
probable cause panels composed of at least two members. Each board may provide by rule that one or more members of the
panel or panels may be a former board member. The length of term or repetition of service of any such former board member
on a probable cause panel may vary according to the direction of the board when authorized by board rule. Any probable
cause panel must include one of the board’s former or present consumer members, if one is available, is willing to serve, and
is authorized to do so by the board chair. Any probable cause panel must include a present board member. Any probable
cause panel must include a former or present professional board member. However, any former professional board member
serving on the probable cause panel must hold an active valid license for that profession. All proceedings of the panel are
exempt from s. 286.011 until 10 days after probable cause has been found to exist by the panel or until the subject of the
investigation waives his or her privilege of confidentiality. The probable cause panel may make a reasonable request, and
upon such request the department shall provide such additional investigative information as is necessary to the determination
of probable cause. A request for additional investigative information shall be made within 15 days from the date of receipt by
the probable cause panel of the investigative report of the department or the agency. The probable cause panel or the
department, as may be appropriate, shall make its determination of probable cause within 30 days after receipt by it of the
final investigative report of the department. The State Surgeon General may grant extensions of the 15-day and the 30-day
time limits. In lieu of a finding of probable cause, the probable cause panel, or the department if there is no board, may issue
a letter of guidance to the subject. If, within the 30-day time limit, as may be extended, the probable cause panel does not
make a determination regarding the existence of probable cause or does not issue a letter of guidance in lieu of a finding of
probable cause, the department must make a determination regarding the existence of probable cause within 10 days after the
expiration of the time limit. If the probable cause panel finds that probable cause exists, it shall direct the department to file a
formal complaint against the licensee. The department shall follow the directions of the probable cause panel regarding the
filing of a formal complaint. If directed to do so, the department shall file a formal complaint against the subject of the
investigation and prosecute that complaint pursuant to chapter 120. However, the department may decide not to prosecute the
complaint if it finds that probable cause has been improvidently found by the panel. In such cases, the department shall refer
the matter to the board. The board may then file a formal complaint and prosecute the complaint pursuant to chapter 120. The
department shall also refer to the board any investigation or disciplinary proceeding not before the Division of Administrative
Hearings pursuant to chapter 120 or otherwise completed by the department within 1 year after the filing of a complaint. The
department, for disciplinary cases under its jurisdiction, must establish a uniform reporting system to quarterly refer to each
board the status of any investigation or disciplinary proceeding that is not before the Division of Administrative Hearings or
77
otherwise completed by the department within 1 year after the filing of the complaint. Annually, the department, in
consultation with the applicable probable cause panel, must establish a plan to expedite or otherwise close any investigation
or disciplinary proceeding that is not before the Division of Administrative Hearings or otherwise completed by the
department within 1 year after the filing of the complaint. A probable cause panel or a board may retain independent legal
counsel, employ investigators, and continue the investigation as it deems necessary; all costs thereof shall be paid from a trust
fund used by the department to implement this chapter. All proceedings of the probable cause panel are exempt from s.
120.525.
(5) A formal hearing before an administrative law judge from the Division of Administrative Hearings shall be held
pursuant to chapter 120 if there are any disputed issues of material fact. The determination of whether or not a licensee has
violated the laws and rules regulating the profession, including a determination of the reasonable standard of care, is a
conclusion of law to be determined by the board, or department when there is no board, and is not a finding of fact to be
determined by an administrative law judge. The administrative law judge shall issue a recommended order pursuant to
chapter 120. Notwithstanding s. 120.569(2), the department shall notify the division within 45 days after receipt of a petition
or request for a formal hearing.
(6) The appropriate board, with those members of the panel, if any, who reviewed the investigation pursuant to
subsection (4) being excused, or the department when there is no board, shall determine and issue the final order in each
disciplinary case. Such order shall constitute final agency action. Any consent order or agreed-upon settlement shall be
subject to the approval of the department.
(7) The department shall have standing to seek judicial review of any final order of the board, pursuant to s. 120.68.
(8) Any proceeding for the purpose of summary suspension of a license, or for the restriction of the license, of a
licensee pursuant to s. 120.60(6) shall be conducted by the State Surgeon General or his or her designee, as appropriate, who
shall issue the final summary order.
(9)(a) The department shall periodically notify the person who filed the complaint, as well as the patient or the
patient’s legal representative, of the status of the investigation, indicating whether probable cause has been found and the
status of any civil action or administrative proceeding or appeal.
(b) In any disciplinary case for which probable cause has been found, the department shall provide to the person who
filed the complaint a copy of the administrative complaint and:
1. A written explanation of how an administrative complaint is resolved by the disciplinary process.
2. A written explanation of how and when the person may participate in the disciplinary process.
3. A written notice of any hearing before the Division of Administrative Hearings or the regulatory board at which
final agency action may be taken.
(c) In any disciplinary case for which probable cause is not found, the department shall so inform the person who filed
the complaint and notify that person that he or she may, within 60 days, provide any additional information to the department
which may be relevant to the decision. To facilitate the provision of additional information, the person who filed the
complaint may receive, upon request, a copy of the department’s expert report that supported the recommendation for
closure, if such a report was relied upon by the department. In no way does this require the department to procure an expert
opinion or report if none was used. Additionally, the identity of the expert shall remain confidential. In any administrative
proceeding under s. 120.57, the person who filed the disciplinary complaint shall have the right to present oral or written
communication relating to the alleged disciplinary violations or to the appropriate penalty.
(10) The complaint and all information obtained pursuant to the investigation by the department are confidential and
exempt from s. 119.07(1) until 10 days after probable cause has been found to exist by the probable cause panel or by the
department, or until the regulated professional or subject of the investigation waives his or her privilege of confidentiality,
whichever occurs first. Upon completion of the investigation and a recommendation by the department to find probable
cause, and pursuant to a written request by the subject or the subject’s attorney, the department shall provide the subject an
opportunity to inspect the investigative file or, at the subject’s expense, forward to the subject a copy of the investigative file.
Notwithstanding s. 456.057, the subject may inspect or receive a copy of any expert witness report or patient record
connected with the investigation if the subject agrees in writing to maintain the confidentiality of any information received
under this subsection until 10 days after probable cause is found and to maintain the confidentiality of patient records
pursuant to s. 456.057. The subject may file a written response to the information contained in the investigative file. Such
response must be filed within 20 days of mailing by the department, unless an extension of time has been granted by the
department. This subsection does not prohibit the department from providing such information to any law enforcement
agency or to any other regulatory agency.
(11) A privilege against civil liability is hereby granted to any complainant or any witness with regard to information
furnished with respect to any investigation or proceeding pursuant to this section, unless the complainant or witness acted in
bad faith or with malice in providing such information.
(12)(a) No person who reports in any capacity, whether or not required by law, information to the department with
regard to the incompetence, impairment, or unprofessional conduct of any health care provider licensed under chapter 458,
chapter 459, chapter 460, chapter 461, chapter 462, chapter 463, chapter 464, chapter 465, or chapter 466 shall be held liable
in any civil action for reporting against such health care provider if such person acts without intentional fraud or malice.
78
(b) No facility licensed under chapter 395, health maintenance organization certificated under part I of chapter 641,
physician licensed under chapter 458, or osteopathic physician licensed under chapter 459 shall discharge, threaten to
discharge, intimidate, or coerce any employee or staff member by reason of such employee’s or staff member’s report to the
department about a physician licensed under chapter 458, chapter 459, chapter 460, chapter 461, or chapter 466 who may be
guilty of incompetence, impairment, or unprofessional conduct so long as such report is given without intentional fraud or
malice.
(c) In any civil suit brought outside the protections of paragraphs (a) and (b) in which intentional fraud or malice is
alleged, the person alleging intentional fraud or malice shall be liable for all court costs and for the other party’s reasonable
attorney’s fees if intentional fraud or malice is not proved.
(13) Notwithstanding any provision of law to the contrary, an administrative complaint against a licensee shall be filed
within 6 years after the time of the incident or occurrence giving rise to the complaint against the licensee. If such incident or
occurrence involved criminal actions, diversion of controlled substances, sexual misconduct, or impairment by the licensee,
this subsection does not apply to bar initiation of an investigation or filing of an administrative complaint beyond the 6-year
timeframe. In those cases covered by this subsection in which it can be shown that fraud, concealment, or intentional
misrepresentation of fact prevented the discovery of the violation of law, the period of limitations is extended forward, but in
no event to exceed 12 years after the time of the incident or occurrence.
5. Disciplinary Action and
Unlawful Practice - 6 questions

5.3 Unlawful practice,
classification, civil penalties,
injunctive relief, aiding and
abetting unlawful practice

486.151
486.151 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.
14
(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.
5. Disciplinary Action and
Unlawful Practice - 6 questions

5.3 Unlawful practice,
classification, civil penalties,
injunctive relief, aiding and
abetting unlawful practice

456.065
456.065 Unlicensed practice of a health care profession; intent; cease and desist notice; penalties; enforcement;
citations; fees; allocation and disposition of moneys collected.—
(1) It is the intent of the Legislature that vigorous enforcement of licensure regulation for all health care professions is
a state priority in order to protect Florida residents and visitors from the potentially serious and dangerous consequences of
receiving medical and health care services from unlicensed persons whose professional education and training and other
relevant qualifications have not been approved through the issuance of a license by the appropriate regulatory board or the
department when there is no board. The unlicensed practice of a health care profession or the performance or delivery of
medical or health care services to patients in this state without a valid, active license to practice that profession, regardless of
the means of the performance or delivery of such services, is strictly prohibited.
(2) The penalties for unlicensed practice of a health care profession shall include the following:
(a) When the department has probable cause to believe that any person not licensed by the department, or the
appropriate regulatory board within the department, has violated any provision of this chapter or any statute that relates to the
practice of a profession regulated by the department, or any rule adopted pursuant thereto, the department may issue and
deliver to such person a notice to cease and desist from such violation. In addition, the department may issue and deliver a
notice to cease and desist to any person who aids and abets the unlicensed practice of a profession by employing such
unlicensed person. The issuance of a notice to cease and desist shall not constitute agency action for which a hearing under
ss. 120.569 and 120.57 may be sought. For the purpose of enforcing a cease and desist order, the department may file a
proceeding in the name of the state seeking issuance of an injunction or a writ of mandamus against any person who violates
any provisions of such order.
(b) In addition to the remedies under paragraph (a), the department may impose by citation an administrative penalty
not to exceed $5,000 per incident. The citation shall be issued to the subject and shall contain the subject’s name and any
other information the department determines to be necessary to identify the subject, a brief factual statement, the sections of
the law allegedly violated, and the penalty imposed. If the subject does not dispute the matter in the citation with the
department within 30 days after the citation is served, the citation shall become a final order of the department. The
department may adopt rules to implement this section. The penalty shall be a fine of not less than $500 nor more than $5,000
as established by rule of the department. Each day that the unlicensed practice continues after issuance of a notice to cease
and desist constitutes a separate violation. The department shall be entitled to recover the costs of investigation and
prosecution in addition to the fine levied pursuant to the citation. Service of a citation may be made by personal service or by
mail to the subject at the subject’s last known address or place of practice. If the department is required to seek enforcement
of the cease and desist or agency order, it shall be entitled to collect its attorney’s fees and costs.
(c) In addition to or in lieu of any other administrative remedy, the department may seek the imposition of a civil
penalty through the circuit court for any violation for which the department may issue a notice to cease and desist. The civil
penalty shall be no less than $500 and no more than $5,000 for each offense. The court may also award to the prevailing
party court costs and reasonable attorney fees and, in the event the department prevails, may also award reasonable costs of
investigation and prosecution.
(d) In addition to the administrative and civil remedies under paragraphs (b) and (c) and in addition to the criminal
violations and penalties listed in the individual health care practice acts:
1. It is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, to practice, attempt
to practice, or offer to practice a health care profession without an active, valid Florida license to practice that profession.
Practicing without an active, valid license also includes practicing on a suspended, revoked, or void license, but does not
include practicing, attempting to practice, or offering to practice with an inactive or delinquent license for a period of up to 12
months which is addressed in subparagraph 3. Applying for employment for a position that requires a license without
notifying the employer that the person does not currently possess a valid, active license to practice that profession shall be
71
deemed to be an attempt or offer to practice that health care profession without a license. Holding oneself out, regardless of
the means of communication, as able to practice a health care profession or as able to provide services that require a health
care license shall be deemed to be an attempt or offer to practice such profession without a license. The minimum penalty for
violating this subparagraph shall be a fine of $1,000 and a minimum mandatory period of incarceration of 1 year.
2. It is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, to practice a
health care profession without an active, valid Florida license to practice that profession when such practice results in serious
bodily injury. For purposes of this section, “serious bodily injury” means death; brain or spinal damage; disfigurement;
fracture or dislocation of bones or joints; limitation of neurological, physical, or sensory function; or any condition that
required subsequent surgical repair. The minimum penalty for violating this subparagraph shall be a fine of $1,000 and a
minimum mandatory period of incarceration of 1 year.
3. It is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, to practice, attempt to
practice, or offer to practice a health care profession with an inactive or delinquent license for any period of time up to 12
months. However, practicing, attempting to practice, or offering to practice a health care profession when that person’s
license has been inactive or delinquent for a period of time of 12 months or more shall be a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The minimum penalty for violating this subparagraph shall be
a term of imprisonment of 30 days and a fine of $500.
(3) Because all enforcement costs should be covered by professions regulated by the department, the department shall
impose, upon initial licensure and each licensure renewal, a special fee of $5 per licensee to fund efforts to combat unlicensed
activity. Such fee shall be in addition to all other fees collected from each licensee. The department shall make direct charges
to the Medical Quality Assurance Trust Fund by profession. The department shall seek board advice regarding enforcement
methods and strategies. The department shall directly credit the Medical Quality Assurance Trust Fund, by profession, with
the revenues received from the department’s efforts to enforce licensure provisions. The department shall include all financial
and statistical data resulting from unlicensed activity enforcement as a separate category in the quarterly management report
provided for in s. 456.025. For an unlicensed activity account, a balance which remains at the end of a renewal cycle may,
with concurrence of the applicable board and the department, be transferred to the operating fund account of that profession.
The department shall also use these funds to inform and educate consumers generally on the importance of using licensed
health care practitioners.
(4) The provisions of this section apply only to health care professional practice acts administered by the department.
(5) Nothing herein shall be construed to limit or restrict the sale, use, or recommendation of the use of a dietary
supplement, as defined by the Food, Drug, and Cosmetic Act, 21 U.S.C. s. 321, so long as the person selling, using, or
recommending the dietary supplement does so in compliance with federal and state law.
5. Disciplinary Action and
Unlawful Practice - 6 questions

5.3 Unlawful practice,
classification, civil penalties,
injunctive relief, aiding and
abetting unlawful practice

486.153
486.153 Injunctive relief.—The department or any person may, in the name of the state, apply for injunctive relief in
any court of competent jurisdiction to enjoin any person from committing any act in violation of this chapter. Such
proceedings shall be in addition to, and not in lieu of, any other penalty or remedy under this chapter.
6. Consumer Advocacy - 5 questions

6.1 Reporting violations,
immunity

456.061
456.061 Practitioner disclosure of confidential information; immunity from civil or criminal liability.—
(1) A practitioner regulated through the Division of Medical Quality Assurance of the department shall not be civilly or
criminally liable for the disclosure of otherwise confidential information to a sexual partner or a needle-sharing partner under
the following circumstances:
(a) If a patient of the practitioner who has tested positive for human immunodeficiency virus discloses to the
practitioner the identity of a sexual partner or a needle-sharing partner;
69
(b) The practitioner recommends the patient notify the sexual partner or the needle-sharing partner of the positive test
and refrain from engaging in sexual or drug activity in a manner likely to transmit the virus and the patient refuses, and the
practitioner informs the patient of his or her intent to inform the sexual partner or needle-sharing partner; and
(c) If pursuant to a perceived civil duty or the ethical guidelines of the profession, the practitioner reasonably and in
good faith advises the sexual partner or the needle-sharing partner of the patient of the positive test and facts concerning the
transmission of the virus.
However, any notification of a sexual partner or a needle-sharing partner pursuant to this section shall be done in accordance
with protocols developed pursuant to rule of the Department of Health.
(2) Notwithstanding the foregoing, a practitioner regulated through the Division of Medical Quality Assurance of the
department shall not be civilly or criminally liable for failure to disclose information relating to a positive test result for
human immunodeficiency virus of a patient to a sexual partner or a needle-sharing partner.
6. Consumer Advocacy

6.2 Substance abuse recovery
program

456.076
456.076 Treatment programs for impaired practitioners.—
79
(1) For professions that do not have impaired practitioner programs provided for in their practice acts, the department
shall, by rule, designate approved impaired practitioner programs under this section. The department may adopt rules setting
forth appropriate criteria for approval of treatment providers. The rules may specify the manner in which the consultant,
retained as set forth in subsection (2), works with the department in intervention, requirements for evaluating and treating a
professional, requirements for continued care of impaired professionals by approved treatment providers, continued
monitoring by the consultant of the care provided by approved treatment providers regarding the professionals under their
care, and requirements related to the consultant’s expulsion of professionals from the program.
(2) The department shall retain one or more impaired practitioner consultants. The consultant shall be a licensee under
the jurisdiction of the Division of Medical Quality Assurance within the department who must be a practitioner or recovered
practitioner licensed under chapter 458, chapter 459, or part I of chapter 464, or an entity employing a medical director who
must be a practitioner or recovered practitioner licensed under chapter 458, chapter 459, or part I of chapter 464. The
consultant shall assist the probable cause panel and department in carrying out the responsibilities of this section. This shall
include working with department investigators to determine whether a practitioner is, in fact, impaired. The consultant may
contract for services to be provided, for appropriate compensation, if requested by the school, for students enrolled in schools
for licensure as allopathic physicians or physician assistants under chapter 458, osteopathic physicians or physician assistants
under chapter 459, nurses under chapter 464, or pharmacists under chapter 465 who are alleged to be impaired as a result of
the misuse or abuse of alcohol or drugs, or both, or due to a mental or physical condition. The department is not responsible
under any circumstances for paying the costs of care provided by approved treatment providers, and the department is not
responsible for paying the costs of consultants’ services provided for students. A medical school accredited by the Liaison
Committee on Medical Education of the Commission on Osteopathic College Accreditation, or other school providing for the
education of students enrolled in preparation for licensure as allopathic physicians under chapter 458 or osteopathic
physicians under chapter 459, which is governed by accreditation standards requiring notice and the provision of due process
procedures to students, is not liable in any civil action for referring a student to the consultant retained by the department or
for disciplinary actions that adversely affect the status of a student when the disciplinary actions are instituted in reasonable
reliance on the recommendations, reports, or conclusions provided by such consultant, if the school, in referring the student
or taking disciplinary action, adheres to the due process procedures adopted by the applicable accreditation entities and if the
school committed no intentional fraud in carrying out the provisions of this section.
(3)(a) Whenever the department receives a written or oral legally sufficient complaint alleging that a licensee under the
jurisdiction of the Division of Medical Quality Assurance within the department is impaired as a result of the misuse or abuse
of alcohol or drugs, or both, or due to a mental or physical condition which could affect the licensee’s ability to practice with
skill and safety, and no complaint against the licensee other than impairment exists, the reporting of such information shall
not constitute grounds for discipline pursuant to s. 456.072 or the corresponding grounds for discipline within the applicable
practice act if the probable cause panel of the appropriate board, or the department when there is no board, finds:
1. The licensee has acknowledged the impairment problem.
2. The licensee has voluntarily enrolled in an appropriate, approved treatment program.
3. The licensee has voluntarily withdrawn from practice or limited the scope of practice as required by the consultant,
in each case, until such time as the panel, or the department when there is no board, is satisfied the licensee has successfully
completed an approved treatment program.
4. The licensee has executed releases for medical records, authorizing the release of all records of evaluations,
diagnoses, and treatment of the licensee, including records of treatment for emotional or mental conditions, to the consultant.
The consultant shall make no copies or reports of records that do not regard the issue of the licensee’s impairment and his or
her participation in a treatment program.
(b) If, however, the department has not received a legally sufficient complaint and the licensee agrees to withdraw
from practice until such time as the consultant determines the licensee has satisfactorily completed an approved treatment
program or evaluation, the probable cause panel, or the department when there is no board, shall not become involved in the
licensee’s case.
(c) Inquiries related to impairment treatment programs designed to provide information to the licensee and others and
which do not indicate that the licensee presents a danger to the public shall not constitute a complaint within the meaning of
s. 456.073 and shall be exempt from the provisions of this subsection.
(d) Whenever the department receives a legally sufficient complaint alleging that a licensee is impaired as described in
paragraph (a) and no complaint against the licensee other than impairment exists, the department shall forward all
information in its possession regarding the impaired licensee to the consultant. For the purposes of this section, a suspension
from hospital staff privileges due to the impairment does not constitute a complaint.
(e) The probable cause panel, or the department when there is no board, shall work directly with the consultant, and all
information concerning a practitioner obtained from the consultant by the panel, or the department when there is no board,
shall remain confidential and exempt from the provisions of s. 119.07(1), subject to the provisions of subsections (5) and (6).
(f) A finding of probable cause shall not be made as long as the panel, or the department when there is no board, is
satisfied, based upon information it receives from the consultant and the department, that the licensee is progressing
satisfactorily in an approved impaired practitioner program and no other complaint against the licensee exists.
80
(4) In any disciplinary action for a violation other than impairment in which a licensee establishes the violation for
which the licensee is being prosecuted was due to or connected with impairment and further establishes the licensee is
satisfactorily progressing through or has successfully completed an approved treatment program pursuant to this section, such
information may be considered by the board, or the department when there is no board, as a mitigating factor in determining
the appropriate penalty. This subsection does not limit mitigating factors the board may consider.
(5)(a) An approved treatment provider shall, upon request, disclose to the consultant all information in its possession
regarding the issue of a licensee’s impairment and participation in the treatment program. All information obtained by the
consultant and department pursuant to this section is confidential and exempt from the provisions of s. 119.07(1), subject to
the provisions of this subsection and subsection (6). Failure to provide such information to the consultant is grounds for
withdrawal of approval of such program or provider.
(b) If in the opinion of the consultant, after consultation with the treatment provider, an impaired licensee has not
progressed satisfactorily in a treatment program, all information regarding the issue of a licensee’s impairment and
participation in a treatment program in the consultant’s possession shall be disclosed to the department. Such disclosure shall
constitute a complaint pursuant to the general provisions of s. 456.073. Whenever the consultant concludes that impairment
affects a licensee’s practice and constitutes an immediate, serious danger to the public health, safety, or welfare, that
conclusion shall be communicated to the State Surgeon General.
(6) A consultant, licensee, or approved treatment provider who makes a disclosure pursuant to this section is not
subject to civil liability for such disclosure or its consequences. The provisions of s. 766.101 apply to any officer, employee,
or agent of the department or the board and to any officer, employee, or agent of any entity with which the department has
contracted pursuant to this section.
(7)(a) A consultant retained pursuant to subsection (2), a consultant’s officers and employees, and those acting at the
direction of the consultant for the limited purpose of an emergency intervention on behalf of a licensee or student as
described in subsection (2) when the consultant is unable to perform such intervention shall be considered agents of the
department for purposes of s. 768.28 while acting within the scope of the consultant’s duties under the contract with the
department if the contract complies with the requirements of this section. The contract must require that:
1. The consultant indemnify the state for any liabilities incurred up to the limits set out in chapter 768.
2. The consultant establish a quality assurance program to monitor services delivered under the contract.
3. The consultant’s quality assurance program, treatment, and monitoring records be evaluated quarterly.
4. The consultant’s quality assurance program be subject to review and approval by the department.
5. The consultant operate under policies and procedures approved by the department.
6. The consultant provide to the department for approval a policy and procedure manual that comports with all statutes,
rules, and contract provisions approved by the department.
7. The department be entitled to review the records relating to the consultant’s performance under the contract for the
purpose of management audits, financial audits, or program evaluation.
8. All performance measures and standards be subject to verification and approval by the department.
9. The department be entitled to terminate the contract with the consultant for noncompliance with the contract.
(b) In accordance with s. 284.385, the Department of Financial Services shall defend any claim, suit, action, or
proceeding against the consultant, the consultant’s officers or employees, or those acting at the direction of the consultant for
the limited purpose of an emergency intervention on behalf of a licensee or student as described in subsection (2) when the
consultant is unable to perform such intervention which is brought as a result of any act or omission by any of the
consultant’s officers and employees and those acting under the direction of the consultant for the limited purpose of an
emergency intervention on behalf of a licensee or student as described in subsection (2) when the consultant is unable to
perform such intervention when such act or omission arises out of and in the scope of the consultant’s duties under its
contract with the department.
(c) If the consultant retained pursuant to subsection (2) is retained by any other state agency, and if the contract
between such state agency and the consultant complies with the requirements of this section, the consultant, the consultant’s
officers and employees, and those acting under the direction of the consultant for the limited purpose of an emergency
intervention on behalf of a licensee or student as described in subsection (2) when the consultant is unable to perform such
intervention shall be considered agents of the state for the purposes of this section while acting within the scope of and
pursuant to guidelines established in the contract between such state agency and the consultant.
6. Consumer Advocacy - 5 questions

6.3 Rights of Consumers,
disclosure of financial interests,
freedom of choice,
confidentiality, public records.

456.052
456.052 Disclosure of financial interest by production.—
(1) A health care provider shall not refer a patient to an entity in which such provider is an investor unless, prior to the
referral, the provider furnishes the patient with a written disclosure form, informing the patient of:
(a) The existence of the investment interest.
(b) The name and address of each applicable entity in which the referring health care provider is an investor.
(c) The patient’s right to obtain the items or services for which the patient has been referred at the location or from the
provider or supplier of the patient’s choice, including the entity in which the referring provider is an investor.
(d) The names and addresses of at least two alternative sources of such items or services available to the patient.
(2) The physician or health care provider shall post a copy of the disclosure forms in a conspicuous public place in his
or her office.
(3) A violation of this section shall constitute a misdemeanor of the first degree, punishable as provided in s. 775.082
or s. 775.083. In addition to any other penalties or remedies provided, a violation of this section shall be grounds for
disciplinary action by the respective board.
6. Consumer Advocacy - 5 questions

6.3 Rights of Consumers,
disclosure of financial interests,
freedom of choice,
confidentiality, public records.

456.053
456.053 Financial arrangements between referring health care providers and providers of health care
services.—
(1) SHORT TITLE.—This section may be cited as the “Patient Self-Referral Act of 1992.”
(2) LEGISLATIVE INTENT.—It is recognized by the Legislature that the referral of a patient by a health care
provider to a provider of health care services in which the referring health care provider has an investment interest represents
a potential conflict of interest. The Legislature finds these referral practices may limit or eliminate competitive alternatives in
the health care services market, may result in overutilization of health care services, may increase costs to the health care
system, and may adversely affect the quality of health care. The Legislature also recognizes, however, that it may be
appropriate for providers to own entities providing health care services, and to refer patients to such entities, as long as
certain safeguards are present in the arrangement. It is the intent of the Legislature to provide guidance to health care
providers regarding prohibited patient referrals between health care providers and entities providing health care services and
to protect the people of Florida from unnecessary and costly health care expenditures.
(3) DEFINITIONS.—For the purpose of this section, the word, phrase, or term:
(a) “Board” means any of the following boards relating to the respective professions: the Board of Medicine as created
in s. 458.307; the Board of Osteopathic Medicine as created in s. 459.004; the Board of Chiropractic Medicine as created in s.
460.404; the Board of Podiatric Medicine as created in s. 461.004; the Board of Optometry as created in s. 463.003; the
Board of Pharmacy as created in s. 465.004; and the Board of Dentistry as created in s. 466.004.
(b) “Comprehensive rehabilitation services” means services that are provided by health care professionals licensed
under part I or part III of chapter 468 or chapter 486 to provide speech, occupational, or physical therapy services on an
outpatient or ambulatory basis.
(c) “Designated health services” means, for purposes of this section, clinical laboratory services, physical therapy
services, comprehensive rehabilitative services, diagnostic-imaging services, and radiation therapy services.
(d) “Diagnostic imaging services” means magnetic resonance imaging, nuclear medicine, angiography, arteriography,
computed tomography, positron emission tomography, digital vascular imaging, bronchography, lymphangiography,
splenography, ultrasound, EEG, EKG, nerve conduction studies, and evoked potentials.
(e) “Direct supervision” means supervision by a physician who is present in the office suite and immediately available
to provide assistance and direction throughout the time services are being performed.
(f) “Entity” means any individual, partnership, firm, corporation, or other business entity.
(g) “Fair market value” means value in arms length transactions, consistent with the general market value, and, with
respect to rentals or leases, the value of rental property for general commercial purposes, not taking into account its intended
use, and, in the case of a lease of space, not adjusted to reflect the additional value the prospective lessee or lessor would
attribute to the proximity or convenience to the lessor where the lessor is a potential source of patient referrals to the lessee.
(h) “Group practice” means a group of two or more health care providers legally organized as a partnership,
professional corporation, or similar association:
1. In which each health care provider who is a member of the group provides substantially the full range of services
which the health care provider routinely provides, including medical care, consultation, diagnosis, or treatment, through the
joint use of shared office space, facilities, equipment, and personnel;
2. For which substantially all of the services of the health care providers who are members of the group are provided
through the group and are billed in the name of the group and amounts so received are treated as receipts of the group; and
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3. In which the overhead expenses of and the income from the practice are distributed in accordance with methods
previously determined by members of the group.
(i) “Health care provider” means any physician licensed under chapter 458, chapter 459, chapter 460, or chapter 461,
or any health care provider licensed under chapter 463 or chapter 466.
(j) “Immediate family member” means a health care provider’s spouse, child, child’s spouse, grandchild, grandchild’s
spouse, parent, parent-in-law, or sibling.
(k) “Investment interest” means an equity or debt security issued by an entity, including, without limitation, shares of
stock in a corporation, units or other interests in a partnership, bonds, debentures, notes, or other equity interests or debt
instruments. The following investment interests shall be excepted from this definition:
1. An investment interest in an entity that is the sole provider of designated health services in a rural area;
2. An investment interest in notes, bonds, debentures, or other debt instruments issued by an entity which provides
designated health services, as an integral part of a plan by such entity to acquire such investor’s equity investment interest in
the entity, provided that the interest rate is consistent with fair market value, and that the maturity date of the notes, bonds,
debentures, or other debt instruments issued by the entity to the investor is not later than October 1, 1996.
3. An investment interest in real property resulting in a landlord-tenant relationship between the health care provider
and the entity in which the equity interest is held, unless the rent is determined, in whole or in part, by the business volume or
profitability of the tenant or exceeds fair market value; or
4. An investment interest in an entity which owns or leases and operates a hospital licensed under chapter 395 or a
nursing home facility licensed under chapter 400.
(l) “Investor” means a person or entity owning a legal or beneficial ownership or investment interest, directly or
indirectly, including, without limitation, through an immediate family member, trust, or another entity related to the investor
within the meaning of 42 C.F.R. s. 413.17, in an entity.
(m) “Outside referral for diagnostic imaging services” means a referral of a patient to a group practice or sole provider
for diagnostic imaging services by a physician who is not a member of the group practice or of the sole provider’s practice
and who does not have an investment interest in the group practice or sole provider’s practice, for which the group practice or
sole provider billed for both the technical and the professional fee for the patient, and the patient did not become a patient of
the group practice or sole provider’s practice.
(n) “Patient of a group practice” or “patient of a sole provider” means a patient who receives a physical examination,
evaluation, diagnosis, and development of a treatment plan if medically necessary by a physician who is a member of the
group practice or the sole provider’s practice.
(o) “Referral” means any referral of a patient by a health care provider for health care services, including, without
limitation:
1. The forwarding of a patient by a health care provider to another health care provider or to an entity which provides
or supplies designated health services or any other health care item or service; or
2. The request or establishment of a plan of care by a health care provider, which includes the provision of designated
health services or other health care item or service.
3. The following orders, recommendations, or plans of care shall not constitute a referral by a health care provider:
a. By a radiologist for diagnostic-imaging services.
b. By a physician specializing in the provision of radiation therapy services for such services.
c. By a medical oncologist for drugs and solutions to be prepared and administered intravenously to such oncologist’s
patient, as well as for the supplies and equipment used in connection therewith to treat such patient for cancer and the
complications thereof.
d. By a cardiologist for cardiac catheterization services.
e. By a pathologist for diagnostic clinical laboratory tests and pathological examination services, if furnished by or
under the supervision of such pathologist pursuant to a consultation requested by another physician.
f. By a health care provider who is the sole provider or member of a group practice for designated health services or
other health care items or services that are prescribed or provided solely for such referring health care provider’s or group
practice’s own patients, and that are provided or performed by or under the direct supervision of such referring health care
provider or group practice; provided, however, that effective July 1, 1999, a physician licensed pursuant to chapter 458,
chapter 459, chapter 460, or chapter 461 may refer a patient to a sole provider or group practice for diagnostic imaging
services, excluding radiation therapy services, for which the sole provider or group practice billed both the technical and the
professional fee for or on behalf of the patient, if the referring physician has no investment interest in the practice. The
diagnostic imaging service referred to a group practice or sole provider must be a diagnostic imaging service normally
provided within the scope of practice to the patients of the group practice or sole provider. The group practice or sole
provider may accept no more than 15 percent of their patients receiving diagnostic imaging services from outside referrals,
excluding radiation therapy services.
g. By a health care provider for services provided by an ambulatory surgical center licensed under chapter 395.
h. By a urologist for lithotripsy services.
63
i. By a dentist for dental services performed by an employee of or health care provider who is an independent
contractor with the dentist or group practice of which the dentist is a member.
j. By a physician for infusion therapy services to a patient of that physician or a member of that physician’s group
practice.
k. By a nephrologist for renal dialysis services and supplies, except laboratory services.
l. By a health care provider whose principal professional practice consists of treating patients in their private residences
for services to be rendered in such private residences, except for services rendered by a home health agency licensed under
chapter 400. For purposes of this sub-subparagraph, the term “private residences” includes patients’ private homes,
independent living centers, and assisted living facilities, but does not include skilled nursing facilities.
m. By a health care provider for sleep-related testing.
(p) “Present in the office suite” means that the physician is actually physically present; provided, however, that the
health care provider is considered physically present during brief unexpected absences as well as during routine absences of a
short duration if the absences occur during time periods in which the health care provider is otherwise scheduled and
ordinarily expected to be present and the absences do not conflict with any other requirement in the Medicare program for a
particular level of health care provider supervision.
(q) “Rural area” means a county with a population density of no greater than 100 persons per square mile, as defined
by the United States Census.
(r) “Sole provider” means one health care provider licensed under chapter 458, chapter 459, chapter 460, or chapter
461, who maintains a separate medical office and a medical practice separate from any other health care provider and who
bills for his or her services separately from the services provided by any other health care provider. A sole provider shall not
share overhead expenses or professional income with any other person or group practice.
(4) REQUIREMENTS FOR ACCEPTING OUTSIDE REFERRALS FOR DIAGNOSTIC IMAGING.—
(a) A group practice or sole provider accepting outside referrals for diagnostic imaging services is required to comply
with the following conditions:
1. Diagnostic imaging services must be provided exclusively by a group practice physician or by a full-time or parttime
employee of the group practice or of the sole provider’s practice.
2. All equity in the group practice or sole provider’s practice accepting outside referrals for diagnostic imaging must be
held by the physicians comprising the group practice or the sole provider’s practice, each of whom must provide at least 75
percent of his or her professional services to the group. Alternatively, the group must be incorporated under chapter 617 and
must be exempt under the provisions of s. 501(c)(3) of the Internal Revenue Code and be part of a foundation in existence
prior to January 1, 1999, that is created for the purpose of patient care, medical education, and research.
3. A group practice or sole provider may not enter into, extend or renew any contract with a practice management
company that provides any financial incentives, directly or indirectly, based on an increase in outside referrals for diagnostic
imaging services from any group or sole provider managed by the same practice management company.
4. The group practice or sole provider accepting outside referrals for diagnostic imaging services must bill for both the
professional and technical component of the service on behalf of the patient, and no portion of the payment, or any type of
consideration, either directly or indirectly, may be shared with the referring physician.
5. Group practices or sole providers that have a Medicaid provider agreement with the Agency for Health Care
Administration must furnish diagnostic imaging services to their Medicaid patients and may not refer a Medicaid recipient to
a hospital for outpatient diagnostic imaging services unless the physician furnishes the hospital with documentation
demonstrating the medical necessity for such a referral. If necessary, the Agency for Health Care Administration may apply
for a federal waiver to implement this subparagraph.
6. All group practices and sole providers accepting outside referrals for diagnostic imaging shall report annually to the
Agency for Health Care Administration providing the number of outside referrals accepted for diagnostic imaging services
and the total number of all patients receiving diagnostic imaging services.
(b) If a group practice or sole provider accepts an outside referral for diagnostic imaging services in violation of this
subsection or if a group practice or sole provider accepts outside referrals for diagnostic imaging services in excess of the
percentage limitation established in subparagraph (a)2., the group practice or the sole provider shall be subject to the
penalties in subsection (5).
(c) Each managing physician member of a group practice and each sole provider who accepts outside referrals for
diagnostic imaging services shall submit an annual attestation signed under oath to the Agency for Health Care
Administration which shall include the annual report required under subparagraph (a)6. and which shall further confirm that
each group practice or sole provider is in compliance with the percentage limitations for accepting outside referrals and the
requirements for accepting outside referrals listed in paragraph (a). The agency may verify the report submitted by group
practices and sole providers.
(5) PROHIBITED REFERRALS AND CLAIMS FOR PAYMENT.—Except as provided in this section:
(a) A health care provider may not refer a patient for the provision of designated health services to an entity in which
the health care provider is an investor or has an investment interest.
64
(b) A health care provider may not refer a patient for the provision of any other health care item or service to an entity
in which the health care provider is an investor unless:
1. The provider’s investment interest is in registered securities purchased on a national exchange or over-the-counter
market and issued by a publicly held corporation:
a. Whose shares are traded on a national exchange or on the over-the-counter market; and
b. Whose total assets at the end of the corporation’s most recent fiscal quarter exceeded $50 million; or
2. With respect to an entity other than a publicly held corporation described in subparagraph 1., and a referring
provider’s investment interest in such entity, each of the following requirements are met:
a. No more than 50 percent of the value of the investment interests are held by investors who are in a position to make
referrals to the entity.
b. The terms under which an investment interest is offered to an investor who is in a position to make referrals to the
entity are no different from the terms offered to investors who are not in a position to make such referrals.
c. The terms under which an investment interest is offered to an investor who is in a position to make referrals to the
entity are not related to the previous or expected volume of referrals from that investor to the entity.
d. There is no requirement that an investor make referrals or be in a position to make referrals to the entity as a
condition for becoming or remaining an investor.
3. With respect to either such entity or publicly held corporation:
a. The entity or corporation does not loan funds to or guarantee a loan for an investor who is in a position to make
referrals to the entity or corporation if the investor uses any part of such loan to obtain the investment interest.
b. The amount distributed to an investor representing a return on the investment interest is directly proportional to the
amount of the capital investment, including the fair market value of any preoperational services rendered, invested in the
entity or corporation by that investor.
4. Each board and, in the case of hospitals, the Agency for Health Care Administration, shall encourage the use by
licensees of the declaratory statement procedure to determine the applicability of this section or any rule adopted pursuant to
this section as it applies solely to the licensee. Boards shall submit to the Agency for Health Care Administration the name of
any entity in which a provider investment interest has been approved pursuant to this section, and the Agency for Health Care
Administration shall adopt rules providing for periodic quality assurance and utilization review of such entities.
(c) No claim for payment may be presented by an entity to any individual, third-party payor, or other entity for a
service furnished pursuant to a referral prohibited under this section.
(d) If an entity collects any amount that was billed in violation of this section, the entity shall refund such amount on a
timely basis to the payor or individual, whichever is applicable.
(e) Any person that presents or causes to be presented a bill or a claim for service that such person knows or should
know is for a service for which payment may not be made under paragraph (c), or for which a refund has not been made
under paragraph (d), shall be subject to a civil penalty of not more than $15,000 for each such service to be imposed and
collected by the appropriate board.
(f) Any health care provider or other entity that enters into an arrangement or scheme, such as a cross-referral
arrangement, which the physician or entity knows or should know has a principal purpose of assuring referrals by the
physician to a particular entity which, if the physician directly made referrals to such entity, would be in violation of this
section, shall be subject to a civil penalty of not more than $100,000 for each such circumvention arrangement or scheme to
be imposed and collected by the appropriate board.
(g) A violation of this section by a health care provider shall constitute grounds for disciplinary action to be taken by
the applicable board pursuant to s. 458.331(2), s. 459.015(2), s. 460.413(2), s. 461.013(2), s. 463.016(2), or s. 466.028(2).
Any hospital licensed under chapter 395 found in violation of this section shall be subject to the rules adopted by the Agency
for Health Care Administration pursuant to s. 395.0185(2).
(h) Any hospital licensed under chapter 395 that discriminates against or otherwise penalizes a health care provider for
compliance with this act.
(i) The provision of paragraph (a) shall not apply to referrals to the offices of radiation therapy centers managed by an
entity or subsidiary or general partner thereof, which performed radiation therapy services at those same offices prior to April
1, 1991, and shall not apply also to referrals for radiation therapy to be performed at no more than one additional office of
any entity qualifying for the foregoing exception which, prior to February 1, 1992, had a binding purchase contract on and a
nonrefundable deposit paid for a linear accelerator to be used at the additional office. The physical site of the radiation
treatment centers affected by this provision may be relocated as a result of the following factors: acts of God; fire; strike;
accident; war; eminent domain actions by any governmental body; or refusal by the lessor to renew a lease. A relocation for
the foregoing reasons is limited to relocation of an existing facility to a replacement location within the county of the existing
facility upon written notification to the Office of Licensure and Certification.
(j) A health care provider who meets the requirements of paragraphs (b) and (i) must disclose his or her investment
interest to his or her patients as provided in s. 456.052.
6. Consumer Advocacy - 5 questions

6.3 Rights of Consumers,
disclosure of financial interests,
freedom of choice,
confidentiality, public records.

456.054
456.054 Kickbacks prohibited.—
(1) As used in this section, the term “kickback” means a 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.
(2) It is unlawful for any health care provider or any provider of health care services to offer, pay, solicit, or receive a
kickback, directly or indirectly, overtly or covertly, in cash or in kind, for referring or soliciting patients.
(3) Violations of this section shall be considered patient brokering and shall be punishable as provided in s. 817.505.