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PHT 5523, Dimensions of Professional Practice Seminar I. FS 486, the Physical Therapy Practice Act and Other Relevant Florida Laws. Law vs. Ethics. Ethics: APTA Code of Ethics; Guide for Professional Conduct Law: FS 486 and Chapter 64B17 of the Florida Administrative Code. Legal Standards.
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PHT 5523, Dimensions of Professional Practice Seminar I FS 486, the Physical Therapy Practice Act and Other Relevant Florida Laws
Law vs. Ethics • Ethics: APTA Code of Ethics; Guide for Professional Conduct • Law: FS 486 and Chapter 64B17 of the Florida Administrative Code
Legal Standards • Florida Statutes • Florida Administrative Code
FS 456, Health Professions and Occupations: General Provisions • Provides general rules for the Boards • Addresses issues which may (e.g. HIV/AIDS and Medical Errors courses) or may not (e.g. screening for persons delinquent in child support payments) be covered by specific practice acts (e.g. FS 486) • Issues relevant to PTs
FS 456: Select Issues Relevant for PT Practitioners • 456.004 (9): Delinquent child support obligation • 456.013 (2)(b): Licensure of felons • 456.0575: Duty to notify patients about adverse incidents • 456.062: Advertising free or discounted services
FS 456: Select Issues Relevant for PT Practitioners • 456.063 (3): Duty to report allegations of sexual misconduct • 456.074: Defaulting on student loans • 456.076: Treatment programs for impaired practitioners • 456.38: Practitioner registry for disaster and emergencies
Other Relevant Statutes • FS 384, Sexually Transmitted Diseases: • Unlawful to engage in sex w/o partner’s informed consent • Confidentiality required; report according to CDC system • Ch64D-2 (FAC), HIV: • Who has a “right to know” • Testing requirements • FS 39.201: Mandatory report of child abuse, neglect or exploitation • FS 415.1034: Mandatory report of abuse, neglect or exploitation of vulnerable adults
FS 486, The Physical Therapy Practice Act Florida Statutes Regulating Physical Therapy, and the Florida Board of Physical Therapy Practice: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0486/titl0486.htm&StatuteYear=2000&Title=%2D%3E2000%2D%3EChapter%20486
FS 486, The Physical Therapy Practice Act • Purpose: Protect the consumer by making sure that all PTs meet minimum standards • Defines PT as a person who is licensed • Defines PTA as a person who works under the direction of PT according to the rules (Chap. 64B) • May work for board-certified orthopedic physician (MD or DO) or physiatrist (MD or DO) or chiropractor but must have general supervision of a PT • In all other offices, must have on-site supervision of PT • Defines PT Assessment • Defines PT Practice
Direct Access in Florida 486.021(11) • “A physical therapist may implement a plan of treatment for a patient.” Does not say anything about needing a referral. • “The physical therapist shall refer the patient to … if the patient’s condition is found to be outside the scope of physical therapy.” • If PT treatment “is required beyond 21 days for a condition not previously assessed by a practitioner of record” PT must refer the patient to a practitioner of record.
Practitioner of Record • 458: Medical doctor (MD) • 459: Osteopath (DO) • 460: Chiropractor (DC) • 461: Podiatrist (DPM) • 466: Dentist (DMD or DDS)
FS 486, The Physical Therapy Practice Act • Board of PT Practice: appointed by the Governor • Seven (7) members: • Five (5) licensed PTs (one of whom may be an educator) • Two (2) consumers • Establish or modify and adopt the rules (Ch64B17) • Review the standing and reputability of any PT school • Administer oaths, summon witnesses and take testimony on any matter having to do with law and rules
FS 486, The Physical Therapy Practice Act • Prohibits holding one out to be a PT w/o license and describes use of PT, PhT, LPT, RPT, PTA, RPTA, PTT, etc as fraudulent representation of licensure • Establishes licensure requirements • Requires continuing education • Sets terms for refusal, revocation or suspension of license • Lets students work as PTs in the formal course of their studies only