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70 Cards in this Set
- Front
- Back
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When will a PT or PTA have to submit to a mental or physical examination? |
When the State Surgeon General (or their designee) determines probable cause that the licensee is unable to practice PT due to 1. illness 2. use of drugs, alcohol, narcotics, chemicals, etc 3. result of any mental or physical condition |
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What happens if the licensee refuses to comply to an order of a mental or physical examination? |
The department's order directing the exam will have to file a petition for enforcement in the circuit court |
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Can the public court records name or identify by initials the licensee in any court records? |
No |
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If a license is suspended or revoked d/t alcohol, drugs, illness, etc., is the licensee given chances to demonstrate they can resume competent practice? If so, when? |
Yes, at regular intervals |
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Can the record of proceeding or orders entered by the board be used against the PT or PTA in any other proceeding? (alcohol, drugs, illness, etc.) |
No |
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If a PT or PTA is unable to practice PT with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of materials, or as a result of any mental or physical condition, what does this constitute? |
constitutes grounds for denial of license or disciplinary action |
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If a PT or PTA has committed fraud in the practice of PT or deceit in obtaining a license, what does this constitute? |
constitutes grounds for denial of license or disciplinary action |
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If you've been convicted or found guilty of a crime in any jurisdiction which relates directly to the practice of PT or the ability to practice PT, what does this constitute? |
constitutes grounds for denial of license or disciplinary action |
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T/F: Any plea of nolo contendere is not considered a conviction |
False |
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If you've treated or undertaken to treat human ailments by means other than by PT, what does this constitute? |
constitutes grounds for denial of license or disciplinary action |
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If you've failed to maintain acceptable standards of PT practice as set forth by the boards, what does this constitute? |
constitutes grounds for denial of license or disciplinary action |
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If a license is revoked or suspended (in or out of state) or having other disciplinary action taken against the licensee, what does this constitute? |
constitutes grounds for denial of license or disciplinary action |
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If a licensee violates a lawful order of the board or department previously entered in a disciplinary hearing, what does this constitute? |
constitutes grounds for denial of license or disciplinary action |
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If a licensee makes or files a report or record they know to be false, what does this constitute? |
constitutes grounds for denial of license or disciplinary action |
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If a licensee practices or offers to practice beyond the scope permitted by law OR performing professional responsibilities that they are not competent to perform, what does that constitute? |
constitutes grounds for denial of license or disciplinary action |
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Sexual misconduct |
Violation of the PT-patient relationship through which the PT uses the relationship to induce, attempt, or engage the patient in sexual activity outside the scope of practice |
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T/F: making misleading, deceptive, or fraudulent representations in or related to PT constitute grounds for disciplinary actions |
True |
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T/F: Unintentionally violating rules adopted by the boards constitutes grounds for disciplinary action |
False: intentionally does |
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When is unacceptable to use a Class III or IV laser? |
When rules governing the registration of the devices are not followed |
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What happens if a licensee doesn't comply with educational course requirements for HIV/AIDS? |
It constitutes grounds for disciplinary actions |
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T/F: Having a license revoked, suspended, denied, or acted on for a violation that would constitute a violation under Florida law would lead to grounds for disciplinary action |
True |
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T/F: if found liable for knowingly filing a false report or complaint against another licensee it would constitute grounds for disciplinary action |
True |
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Is it acceptable to obtain a license through an error of the board? |
No |
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Is it grounds for disciplinary action to fail to report knowledge of someone violating rules of the department? |
Yes |
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Is it acceptable to aid, assist, procure, employ, or advise an unlicensed person to practice a profession contrary to the rules of the board? |
No |
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What is it considered when a licensee fails to repay a student loan issued or guaranteed by the state or federal gov? |
Failure to perform statutory or legal obligation |
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What is the minimum disciplinary action imposed for failing to repay a student load? |
suspension of license until new repayment terms are agreed upon, probation for duration of loan, and a fine equal to 10% of the defaulted loan amount |
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Where should fines collected for missing loans be deposited? |
Medical Quality Assurance Trust Fund |
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It it acceptable to make or file a report that you know to be false, intentionally or negligently failing to file a report required by law, or willfully impeding or instructing another person to do so? |
No |
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When is it acceptable to exercise influence on the patient or client for the purpose of financial gain? |
It isn't; it's grounds for disciplinary action |
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It acceptable to delegate or contract for performance of professional responsibilities when you know or have reason to know the person is not qualified to perform them? |
No |
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Is a PT required to comply with a lawfully issued subpoena? |
Yes; could face disciplinary actions otherwise |
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T/F: It is grounds for disciplinary action if you fail to identify through written notice (includes wearing a name tag or orally) what type of license you are practicing under |
True |
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T/F: It is grounds for disciplinary action if you fail to comply with requirements for profiling and credentialing (includes failing to provide updated information) |
True |
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How long does a licensee have to report to the board in writing that they have been convicted or entered a plea of nolo contendere to a crime in any jurisdiction? |
30 days |
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Can information be used about people involved in MVAs which as been derived from accident reports/newspaper/TV/radio for the purpose of commercial or solicitation of the people involved in the crash? |
No; considered grounds for disciplinary action |
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T/F: It is not grounds for disciplinary action if a licensee tests positive for any drug on any preemployment or employer-ordered drug screening if they don't have a lawful prescription and legitimate medical reason |
False |
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T/F: It is grounds for disciplinary action to leave a foreign body in a patient (sponge, clamps, etc.) |
True; it is not in the best interest of the patient |
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Is it acceptable to "upcode" a personal injury protection claim? |
No; grounds for disciplinary action |
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T/F: It is grounds for disciplinary action if a licensee intentionally submits a personal injury protection claim for services that weren't rendered |
True |
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What happens if you are terminated from a treatment program for impaired practitioners or you fail to comply with the terms? |
You face disciplinary action |
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Where must you remit overpayment from the Medicaid program? |
Back to the state |
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What are potential penalties for violations of the practice act? (10) |
1. refusal to certify an application for license 2. Suspension or permanent revocation of a license 3. Restriction of practice or license 4. An administrative fine not to exceed $10,000 for each count or separate offense 5. Issuance of reprimand or letter of concern 6. Placement on probation and subject to conditions of the board 7. Corrective action 8. Imposition of an administrative fine for violations regarding patient rights 9. refund of fees billed and collected on behalf of the patient 10. Requirement of remedial education |
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What may restrictions of practice or a license include? |
-work under designated conditions -restricting from working in certain settings - restricting from providing designated clinical and administrative services -restricting from practicing more than a designated number of hours |
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What conditions may a licensee face when they're on probation? |
-undergo treatment -attend CE courses -submit to be reexamined -work under supervision of another licensee -satisfy any terms which are reasonably tailored to violations found |
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What shall be issued if grounds for disciplinary action is the first time failure of licensee to satisfy CE requirements? |
A citation and assess a fine For each hour not completed/completed late - 1 additional hour of CE |
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What shall be issued if grounds for disciplinary action is the first time violation of a practice act for unprofessional conduct and no actual harm to the patient occurred? |
A citation and assess a penalty as determined by rule of the board |
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What do the costs related to the investigation and prosecution include? |
-salaries and benefits of personnel -costs related to the time spent by the attorney and other personnel working on the case -any other expenses incurred for the case |
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What happens if a fine or assessment is not paid within a reasonable time? |
the department may contract for the collection of the fine or assessment |
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T/F: A department cannot file a proceeding in the name of the state seeking issuance of an injunction or a writ of mandamus against a person who violates the laws |
False |
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Is a revocation of a license permanent? |
Yes |
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Can an applicant reapply if their license has been permanently revoked? |
Yes; but there are rule requirements |
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If a physician has prescribed or dispensed a controlled substance in a manner that violates the statues what is the penalty? |
suspended for at least 6 months and a fine of at least $10,000 per count |
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When must the board investigate a complaint? |
When it is in writing, signed by the complaintant, and legally sufficient |
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When is a complaint filed by a state prisoner considered legally sufficient? |
The prisoner has exhausted all available administrative remedies w/in the state correctional system before filing the complaint OR If after preliminary inquiry it is determined the practitioner may present a serious threat to an individual who is not a state prisoner |
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When is a complaint legally sufficient? |
When it contains ultimate facts that show a violation of the chapter, any of the practice acts, or any of the rules |
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When will the department investigate an anonymous complaint? |
If it is in writing and legally sufficient, if the alleged violation is substantial, and if there is reason to believe the allegations are true |
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T/F: when an investigation of a subject is undertaken, the department does not need to furnish a copy of the complaint to the subject or their attorney |
False |
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How many days does the subject have to submit a written response to the subject of the complaint? |
20 |
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Is the written response considered by the probable cause panel? |
Yes |
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Does the department have to conduct an investigation with notification to the subject if the act is a criminal offense? |
No |
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Expeditiously |
department completes the report of its initial investigative findings and recommendations concerning the existence of probably cause within 6 mo of the complaint |
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What must the investigative report include? |
the investigative findings and recommendations of the department |
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What happens if there is insufficient evidence to support the process of allegations? |
The department may dismiss the case |
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T/F: The probable cause panel can request to have access to the investigative files pertaining to the case prior to its dismisssal |
T |
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How long does a licensee have to make corrections of minor violations? |
15 days |
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How many members must be on the probable cause panel? |
2 |
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What must a probable cause panel consist of? |
A former or present professional board member A current board member A former or present consumer member (if one is available, willing to serve, and authorize) |
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When must a request for additional investigative info be made? |
15 days from date of receipt |
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When must the probable cause board make its determination? |
Within 30 days after receipt |
