Florida Senate - 2012                             CS for SB 1228
       
       
       
       By the Committee on Health Regulation; and Senator Montford
       
       
       
       
       588-03234-12                                          20121228c1
    1                        A bill to be entitled                      
    2         An act relating to physical therapy; creating ss.
    3         486.0715 and 486.1065, F.S.; authorizing issuance of a
    4         temporary permit to practice as a physical therapist
    5         or physical therapist assistant; providing
    6         requirements for issuing a temporary permit; providing
    7         for voiding of a temporary permit; providing
    8         requirements for the supervision of temporary
    9         permittees; amending s. 486.151, F.S.; prohibiting
   10         certain acts concerning temporary permits; providing
   11         an effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 486.0715, Florida Statutes, is created
   16  to read:
   17         486.0715Physical therapist; issuance of temporary permit.—
   18         (1) The board shall issue a temporary physical therapist
   19  permit to an applicant who meets the following requirements:
   20         (a) Completes an application for a temporary permit on a
   21  form approved by the department.
   22         (b) Meets all the eligibility requirements for licensure
   23  under chapter 456, s. 486.031, and related rules, except passage
   24  of a national examination approved by the board is not required.
   25         (c) Submits an application for licensure under s. 486.041.
   26         (d)Demonstrates proof of possessing malpractice insurance.
   27         (e) Submits documentation, under rules adopted by the
   28  board, verifying that the applicant will practice under the
   29  direct supervision of a licensed physical therapist as provided
   30  in subsection (3).
   31         (2) A temporary permit is not renewable and is valid until
   32  a license is granted by the board. A temporary permit is void if
   33  the permittee does not pass or sit for such an examination
   34  within 6 months after the date of graduation from a physical
   35  therapy training program.
   36         (3) An applicant for a temporary permit may not work as a
   37  physical therapist until a temporary permit is issued by the
   38  board. A physical therapist who is practicing under a temporary
   39  permit must do so under the direct supervision of a licensed
   40  physical therapist. A supervising physical therapist shall
   41  supervise only one permittee at any given time. The supervising
   42  physical therapist must be licensed for a minimum of 6 months
   43  before the supervision period begins and must cosign all patient
   44  records produced by the physical therapist who is practicing
   45  under a temporary permit.
   46         Section 2. Section 486.1065, Florida Statutes, is created
   47  to read:
   48         486.1065Physical therapist assistant; issuance of
   49  temporary permit.—
   50         (1) The board shall issue a temporary physical therapist
   51  assistant permit to an applicant who meets the following
   52  requirements:
   53         (a) Completes an application for a temporary permit on a
   54  form approved by the department.
   55         (b) Meets all the eligibility requirements for licensure
   56  under chapter 456, s. 486.102, and related rules, except passage
   57  of a national examination approved by the board is not required.
   58         (c) Submits an application for licensure under s. 486.103.
   59         (d) Demonstrates proof of possessing malpractice insurance.
   60         (e) Submits documentation, under rules adopted by the
   61  board, verifying that the applicant will practice under the
   62  direct supervision of a licensed physical therapist as provided
   63  in subsection (3).
   64         (2) A temporary permit is not renewable and is valid until
   65  a license is granted by the board. A temporary permit is void if
   66  the permittee does not pass or sit for such an examination
   67  within 6 months after the date of graduation from a physical
   68  therapy assistant training program.
   69         (3) An applicant for a temporary permit may not work as a
   70  physical therapist assistant until a temporary permit is issued
   71  by the board. A physical therapist assistant who is practicing
   72  under a temporary permit must do so under the direct supervision
   73  of a licensed physical therapist. A supervising physical
   74  therapist shall supervise only one permittee at any given time.
   75  The supervising physical therapist must be licensed for a
   76  minimum of 6 months before the supervision period begins and
   77  must cosign all patient records produced by the physical
   78  therapist assistant who is practicing under a temporary permit.
   79         Section 3. Subsection (1) of section 486.151, Florida
   80  Statutes, is amended to read:
   81         486.151 Prohibited acts; penalty.—
   82         (1) It is unlawful for any person to:
   83         (a) Practice physical therapy or attempt to practice
   84  physical therapy without an active license or temporary permit.
   85         (b) Use or attempt to use a license or temporary permit to
   86  practice physical therapy which is suspended, or revoked, or
   87  void.
   88         (c) Obtain or attempt to obtain a license or temporary
   89  permit to practice physical therapy by fraudulent
   90  misrepresentation.
   91         (d) Use the name or title “Physical Therapist” or “Physical
   92  Therapist Assistant” or any other name or title which would lead
   93  the public to believe that the person using the name or title is
   94  licensed to practice physical therapy, unless such person holds
   95  a valid license.
   96         (e) Make any willfully false oath or affirmation whenever
   97  an oath or affirmation is required by this chapter.
   98         (f) Knowingly conceal information relating to violations of
   99  this chapter.
  100         Section 4. This act shall take effect June 1, 2012.