HB 1019

1
A bill to be entitled
2An act relating to physical therapy; amending s. 486.021,
3F.S.; revising definitions; removing a provision relating
4to physical therapy treatments needed beyond 21 days;
5amending s. 486.135, F.S.; prohibiting unlicensed physical
6therapists from using the letters "D.P.T." to represent
7themselves; providing an effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Subsections (9), (10), and (11) of section
12486.021, Florida Statutes, are amended to read:
13     486.021  Definitions.--In this chapter, unless the context
14otherwise requires, the term:
15     (9)  "Direct supervision" means supervision by a physical
16therapist who is licensed pursuant to this chapter. Except in a
17case of emergency, direct supervision requires the physical
18presence of the licensed physical therapist for consultation and
19direction of the actions of a physical therapist or physical
20therapist assistant who is practicing under a temporary permit
21and who is a candidate for licensure by examination.
22     (10)  "Physical therapy evaluation assessment" means
23observational, verbal, or manual determinations of the function
24of the musculoskeletal or neuromuscular system relative to
25physical therapy, including, but not limited to, range of motion
26of a joint, motor power, postural attitudes, biomechanical
27function, locomotion, or functional abilities, for the purpose
28of making a physical therapy diagnosis and recommendations for
29treatment.
30     (11)  "Practice of physical therapy" means the performance
31of physical therapy evaluations assessments and the treatment of
32any disability, injury, disease, or other health condition of
33human beings, or the prevention of such disability, injury,
34disease, or other condition of health, and rehabilitation as
35related thereto by the use of the physical, chemical, and other
36properties of air; electricity; exercise; massage; the
37performance of acupuncture only upon compliance with the
38criteria set forth by the Board of Medicine, when no penetration
39of the skin occurs; the use of radiant energy, including
40ultraviolet, visible, and infrared rays; ultrasound; water; the
41use of apparatus and equipment in the application of the
42foregoing or related thereto; the performance of tests of
43neuromuscular functions as an aid to the diagnosis or treatment
44of any human condition; or the performance of electromyography
45as an aid to the diagnosis of any human condition only upon
46compliance with the criteria set forth by the Board of Medicine.
47A physical therapist may implement a plan of treatment for a
48patient. The physical therapist shall refer the patient to or
49consult with a health care practitioner licensed under chapter
50458, chapter 459, chapter 460, chapter 461, or chapter 466, if
51the patient's condition is found to be outside the scope of
52physical therapy. If physical therapy treatment for a patient is
53required beyond 21 days for a condition not previously assessed
54by a practitioner of record, the physical therapist shall obtain
55a practitioner of record who will review and sign the plan. A
56health care practitioner licensed under chapter 458, chapter
57459, chapter 460, chapter 461, or chapter 466 and engaged in
58active practice is eligible to serve as a practitioner of
59record. The use of roentgen rays and radium for diagnostic and
60therapeutic purposes and the use of electricity for surgical
61purposes, including cauterization, are not authorized under the
62term "physical therapy" as used in this chapter. The practice of
63physical therapy as defined in this chapter does not authorize a
64physical therapy practitioner to practice chiropractic medicine
65as defined in chapter 460, including specific spinal
66manipulation. For the performance of specific chiropractic
67spinal manipulation, a physical therapist shall refer the
68patient to a health care practitioner licensed under chapter
69460. Nothing in this subsection authorizes a physical therapist
70to implement a plan of treatment for a patient currently being
71treated in a facility licensed pursuant to chapter 395.
72     Section 2.  Paragraph (a) of subsection (1) of section
73486.135, Florida Statutes, is amended to read:
74     486.135  False representation of licensure, or willful
75misrepresentation or fraudulent representation to obtain
76license, unlawful.--
77     (1)(a)  It is unlawful for any person who is not licensed
78under this chapter as a physical therapist, or whose license has
79been suspended or revoked, to use in connection with her or his
80name or place of business the words "physical therapist,"
81"physiotherapist," "physical therapy," "physiotherapy,"
82"registered physical therapist," or "licensed physical
83therapist"; or the letters "D.P.T.," "P.T.," "Ph.T.," "R.P.T.,"
84or "L.P.T."; or any other words, letters, abbreviations, or
85insignia indicating or implying that she or he is a physical
86therapist or to represent herself or himself as a physical
87therapist in any other way, orally, in writing, in print, or by
88sign, directly or by implication, unless physical therapy
89services are provided or supplied by a physical therapist
90licensed in accordance with this chapter.
91     Section 3.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.