Florida Senate - 2016                                     SB 450
       
       
        
       By Senator Grimsley
       
       
       
       
       
       21-00474-16                                            2016450__
    1                        A bill to be entitled                      
    2         An act relating to physical therapy; amending s.
    3         486.021, F.S.; revising the definition of the term
    4         “practice of physical therapy”; amending s. 486.081,
    5         F.S.; providing that a licensed physical therapist who
    6         holds a specified doctoral degree may use specified
    7         letters in connection with her or his name or place of
    8         business; prohibiting a physical therapist with a
    9         specified doctoral degree from using the title
   10         “doctor” without informing the public of his or her
   11         profession as a physical therapist; amending s.
   12         486.135, F.S.; revising the terms and specified
   13         letters prohibited from being used by certain
   14         unlicensed persons; providing a criminal penalty;
   15         amending s. 486.151, F.S.; prohibiting an unlicensed
   16         person from using specified letters; providing an
   17         effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Paragraph (a) of subsection (11) of section
   22  486.021, Florida Statutes, is amended to read:
   23         486.021 Definitions.—In this chapter, unless the context
   24  otherwise requires, the term:
   25         (11) “Practice of physical therapy” means the performance
   26  of physical therapy assessments and the treatment of any
   27  disability, injury, disease, or other health condition of human
   28  beings, or the prevention of such disability, injury, disease,
   29  or other condition of health, and rehabilitation as related
   30  thereto by the use of the physical, chemical, and other
   31  properties of air; electricity; exercise; massage; the
   32  performance of acupuncture only upon compliance with the
   33  criteria set forth by the Board of Medicine, when no penetration
   34  of the skin occurs; the use of radiant energy, including
   35  ultraviolet, visible, and infrared rays; ultrasound; water; the
   36  use of apparatus and equipment in the application of the
   37  foregoing or related thereto; the performance of tests of
   38  neuromuscular functions as an aid to the diagnosis or treatment
   39  of any human condition; or the performance of electromyography
   40  as an aid to the diagnosis of any human condition only upon
   41  compliance with the criteria set forth by the Board of Medicine.
   42         (a) A physical therapist may implement a plan of treatment
   43  developed by the physical therapist for a patient or provided
   44  for a patient by a practitioner of record or by an advanced
   45  registered nurse practitioner licensed under s. 464.012. The
   46  physical therapist shall refer the patient to or consult with a
   47  practitioner of record if the patient’s condition is found to be
   48  outside the scope of physical therapy. If physical therapy
   49  treatment for a patient is required beyond 30 21 days for a
   50  condition not previously assessed by a practitioner of record,
   51  the physical therapist shall have obtain a practitioner of
   52  record who will review and sign the plan. The requirement that a
   53  physical therapist have a practitioner of record review and sign
   54  a plan of treatment does not apply when a patient has been
   55  physically examined by a physician licensed in another state,
   56  the patient has been diagnosed by the physician as having a
   57  condition for which physical therapy is required, and the
   58  physical therapist is treating the condition. For purposes of
   59  this paragraph, a health care practitioner licensed under
   60  chapter 458, chapter 459, chapter 460, chapter 461, or chapter
   61  466 and engaged in active practice is eligible to serve as a
   62  practitioner of record.
   63         Section 2. Subsection (1) of section 486.081, Florida
   64  Statutes, is amended to read:
   65         486.081 Physical therapist; issuance of license without
   66  examination to person passing examination of another authorized
   67  examining board; fee.—
   68         (1) The board may cause a license to be issued through the
   69  department without examination to any applicant who presents
   70  evidence satisfactory to the board of having passed the American
   71  Registry Examination prior to 1971 or an examination in physical
   72  therapy before a similar lawfully authorized examining board of
   73  another state, the District of Columbia, a territory, or a
   74  foreign country, if the standards for licensure in physical
   75  therapy in such other state, district, territory, or foreign
   76  country are determined by the board to be as high as those of
   77  this state, as established by rules adopted pursuant to this
   78  chapter. Any person who holds a license pursuant to this section
   79  may use the words “physical therapist” or “physiotherapist,” or
   80  the letters “P.T.,” in connection with her or his name or place
   81  of business to denote her or his licensure hereunder. A person
   82  who holds a license pursuant to this section and obtains a
   83  doctoral degree in physical therapy may use the letters “D.P.T.”
   84  and “P.T.” A physical therapist who holds a degree of Doctor of
   85  Physical Therapy may not use the title “doctor” without also
   86  clearly informing the public of his or her profession as a
   87  physical therapist.
   88         Section 3. Subsection (1) of section 486.135, Florida
   89  Statutes, is amended, subsection (2) is renumbered as subsection
   90  (3), and a new subsection (2) is added to that section, to read:
   91         486.135 False representation of licensure, or willful
   92  misrepresentation or fraudulent representation to obtain
   93  license, unlawful.—
   94         (1)(a) It is unlawful for any person who is not licensed
   95  under this chapter as a physical therapist, or whose license has
   96  been suspended or revoked, to use in connection with her or his
   97  name or place of business the words “physical therapist,”
   98  “physiotherapist,” “physical therapy,” “physiotherapy,”
   99  “registered physical therapist,” or “licensed physical
  100  therapist”; or the letters “P.T.,“Ph.T.,” “R.P.T.,” or
  101  “L.P.T.”; or any other words, letters, abbreviations, or
  102  insignia indicating or implying that she or he is a physical
  103  therapist or to represent herself or himself as a physical
  104  therapist in any other way, orally, in writing, in print, or by
  105  sign, directly or by implication, unless physical therapy
  106  services are provided or supplied by a physical therapist
  107  licensed in accordance with this chapter.
  108         (b) It is unlawful for a person who is not licensed under
  109  this chapter as a physical therapist and who does not hold a
  110  doctoral degree in physical therapy to use the letters “D.P.T.”
  111  in connection with his or her name or place of business.
  112         (c)(b) It is unlawful for any person who is not licensed
  113  under this chapter as a physical therapist assistant, or whose
  114  license has been suspended or revoked, to use in connection with
  115  her or his name the words “physical therapist assistant,”
  116  “licensed physical therapist assistant,” “registered physical
  117  therapist assistant,” or “physical therapy technician”; or the
  118  letters “P.T.A.,” “L.P.T.A.,” “R.P.T.A.,” or “P.T.T.”; or any
  119  other words, letters, abbreviations, or insignia indicating or
  120  implying that she or he is a physical therapist assistant or to
  121  represent herself or himself as a physical therapist assistant
  122  in any other way, orally, in writing, in print, or by sign,
  123  directly or by implication.
  124         (2) An unlawful act under this section is a violation of s.
  125  486.151.
  126         Section 4. Paragraph (d) of subsection (1) of section
  127  486.151, Florida Statutes, is amended to read:
  128         486.151 Prohibited acts; penalty.—
  129         (1) It is unlawful for any person to:
  130         (d) Use the name or title “Physical Therapist” or “Physical
  131  Therapist Assistant” or any other name or title which would lead
  132  the public to believe that the person using the name or title is
  133  licensed to practice physical therapy, unless such person holds
  134  a valid license, or use the letters “D.P.T.,” unless such person
  135  holds a valid license under this chapter and a doctoral degree
  136  in physical therapy.
  137         Section 5. This act shall take effect upon becoming a law.