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A bill to be entitled

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An act relating to physical therapy; amending s. 486.021,

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F.S.; revising definitions; removing a provision relating

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to physical therapy treatments needed beyond 21 days;

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amending s. 486.135, F.S.; prohibiting unlicensed physical

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therapists from using the letters "D.P.T." to represent

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themselves; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Subsections (9), (10), and (11) of section

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486.021, Florida Statutes, are amended to read:

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     486.021  Definitions.--In this chapter, unless the context

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otherwise requires, the term:

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     (9)  "Direct supervision" means supervision by a physical

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therapist who is licensed pursuant to this chapter. Except in a

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case of emergency, direct supervision requires the physical

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presence of the licensed physical therapist for consultation and

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direction of the actions of a physical therapist or physical

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therapist assistant who is practicing under a temporary permit

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and who is a candidate for licensure by examination.

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     (10) "Physical therapy evaluation assessment" means

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observational, verbal, or manual determinations of the function

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of the musculoskeletal or neuromuscular system relative to

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physical therapy, including, but not limited to, range of motion

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of a joint, motor power, postural attitudes, biomechanical

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function, locomotion, or functional abilities, for the purpose of

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making a physical therapy diagnosis and recommendations for

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treatment.

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     (11)  "Practice of physical therapy" means the performance

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of physical therapy evaluations assessments and the treatment of

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any disability, injury, disease, or other health condition of

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human beings, or the prevention of such disability, injury,

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disease, or other condition of health, and rehabilitation as

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related thereto by the use of the physical, chemical, and other

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properties of air; electricity; exercise; massage; the

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performance of acupuncture only upon compliance with the criteria

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set forth by the Board of Medicine, when no penetration of the

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skin occurs; the use of radiant energy, including ultraviolet,

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visible, and infrared rays; ultrasound; water; the use of

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apparatus and equipment in the application of the foregoing or

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related thereto; the performance of tests of neuromuscular

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functions as an aid to the diagnosis or treatment of any human

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condition; or the performance of electromyography as an aid to

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the diagnosis of any human condition only upon compliance with

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the criteria set forth by the Board of Medicine. A physical

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therapist may implement a plan of treatment for a patient. The

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physical therapist shall refer the patient to or consult with a

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health care practitioner licensed under chapter 458, chapter 459,

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chapter 460, chapter 461, or chapter 466, if the patient's

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condition is found to be outside the scope of physical therapy.

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If physical therapy treatment for a patient is required beyond 21

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days for a condition not previously assessed by a practitioner of

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record, the physical therapist shall obtain a practitioner of

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record who will review and sign the plan. A health care

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practitioner licensed under chapter 458, chapter 459, chapter

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460, chapter 461, or chapter 466 and engaged in active practice

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is eligible to serve as a practitioner of record. The use of

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roentgen rays and radium for diagnostic and therapeutic purposes

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and the use of electricity for surgical purposes, including

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cauterization, are not authorized under the term "physical

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therapy" as used in this chapter. The practice of physical

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therapy as defined in this chapter does not authorize a physical

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therapy practitioner to practice chiropractic medicine as defined

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in chapter 460, including specific spinal manipulation. For the

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performance of specific chiropractic spinal manipulation, a

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physical therapist shall refer the patient to a health care

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practitioner licensed under chapter 460. Nothing in this

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subsection authorizes a physical therapist to implement a plan of

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treatment for a patient currently being treated in a facility

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licensed pursuant to chapter 395.

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     Section 2.  Paragraph (a) of subsection (1) of section

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486.135, Florida Statutes, is amended to read:

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     486.135  False representation of licensure, or willful

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misrepresentation or fraudulent representation to obtain license,

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unlawful.--

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     (1)(a)  It is unlawful for any person who is not licensed

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under this chapter as a physical therapist, or whose license has

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been suspended or revoked, to use in connection with her or his

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name or place of business the words "physical therapist,"

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"physiotherapist," "physical therapy," "physiotherapy,"

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"registered physical therapist," or "licensed physical

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therapist"; or the letters "D.P.T.," "P.T.," "Ph.T.," "R.P.T.,"

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or "L.P.T."; or any other words, letters, abbreviations, or

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insignia indicating or implying that she or he is a physical

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therapist or to represent herself or himself as a physical

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therapist in any other way, orally, in writing, in print, or by

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sign, directly or by implication, unless physical therapy

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services are provided or supplied by a physical therapist

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licensed in accordance with this chapter.

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     Section 3.  This act shall take effect July 1, 2008.