HB 1019

1	A bill to be entitled
2	An act relating to physical therapy; amending s. 486.021,
3	F.S.; revising definitions; removing a provision relating
4	to physical therapy treatments needed beyond 21 days;
5	amending s. 486.135, F.S.; prohibiting unlicensed physical
6	therapists from using the letters "D.P.T." to represent
7	themselves; providing an effective date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1.  Subsections (9), (10), and (11) of section
12	486.021, Florida Statutes, are amended to read:
13	486.021  Definitions.--In this chapter, unless the context
14	otherwise requires, the term:
15	(9)  "Direct supervision" means supervision by a physical
16	therapist who is licensed pursuant to this chapter. Except in a
17	case of emergency, direct supervision requires the physical
18	presence of the licensed physical therapist for consultation and
19	direction of the actions of a physical therapist or physical
20	therapist assistant who is practicing under a temporary permit
21	and who is a candidate for licensure by examination.
22	(10)  "Physical therapy evaluation assessment" means
23	observational, verbal, or manual determinations of the function
24	of the musculoskeletal or neuromuscular system relative to
25	physical therapy, including, but not limited to, range of motion
26	of a joint, motor power, postural attitudes, biomechanical
27	function, locomotion, or functional abilities, for the purpose
28	of making a physical therapy diagnosis and recommendations for
29	treatment.
30	(11)  "Practice of physical therapy" means the performance
31	of physical therapy evaluations assessments and the treatment of
32	any disability, injury, disease, or other health condition of
33	human beings, or the prevention of such disability, injury,
34	disease, or other condition of health, and rehabilitation as
35	related thereto by the use of the physical, chemical, and other
36	properties of air; electricity; exercise; massage; the
37	performance of acupuncture only upon compliance with the
38	criteria set forth by the Board of Medicine, when no penetration
39	of the skin occurs; the use of radiant energy, including
40	ultraviolet, visible, and infrared rays; ultrasound; water; the
41	use of apparatus and equipment in the application of the
42	foregoing or related thereto; the performance of tests of
43	neuromuscular functions as an aid to the diagnosis or treatment
44	of any human condition; or the performance of electromyography
45	as an aid to the diagnosis of any human condition only upon
46	compliance with the criteria set forth by the Board of Medicine.
47	A physical therapist may implement a plan of treatment for a
48	patient. The physical therapist shall refer the patient to or
49	consult with a health care practitioner licensed under chapter
50	458, chapter 459, chapter 460, chapter 461, or chapter 466, if
51	the patient's condition is found to be outside the scope of
52	physical therapy. If physical therapy treatment for a patient is
53	required beyond 21 days for a condition not previously assessed
54	by a practitioner of record, the physical therapist shall obtain
55	a practitioner of record who will review and sign the plan. A
56	health care practitioner licensed under chapter 458, chapter
57	459, chapter 460, chapter 461, or chapter 466 and engaged in
58	active practice is eligible to serve as a practitioner of
59	record. The use of roentgen rays and radium for diagnostic and
60	therapeutic purposes and the use of electricity for surgical
61	purposes, including cauterization, are not authorized under the
62	term "physical therapy" as used in this chapter. The practice of
63	physical therapy as defined in this chapter does not authorize a
64	physical therapy practitioner to practice chiropractic medicine
65	as defined in chapter 460, including specific spinal
66	manipulation. For the performance of specific chiropractic
67	spinal manipulation, a physical therapist shall refer the
68	patient to a health care practitioner licensed under chapter
69	460. Nothing in this subsection authorizes a physical therapist
70	to implement a plan of treatment for a patient currently being
71	treated in a facility licensed pursuant to chapter 395.
72	Section 2.  Paragraph (a) of subsection (1) of section
73	486.135, Florida Statutes, is amended to read:
74	486.135  False representation of licensure, or willful
75	misrepresentation or fraudulent representation to obtain
76	license, unlawful.--
77	(1)(a)  It is unlawful for any person who is not licensed
78	under this chapter as a physical therapist, or whose license has
79	been suspended or revoked, to use in connection with her or his
80	name or place of business the words "physical therapist,"
81	"physiotherapist," "physical therapy," "physiotherapy,"
82	"registered physical therapist," or "licensed physical
83	therapist"; or the letters "D.P.T.," "P.T.," "Ph.T.," "R.P.T.,"
84	or "L.P.T."; or any other words, letters, abbreviations, or
85	insignia indicating or implying that she or he is a physical
86	therapist or to represent herself or himself as a physical
87	therapist in any other way, orally, in writing, in print, or by
88	sign, directly or by implication, unless physical therapy
89	services are provided or supplied by a physical therapist
90	licensed 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.