Florida Senate - 2012                                    SB 1228
       
       
       
       By Senator Montford
       
       
       
       
       6-00734A-12                                           20121228__
    1                        A bill to be entitled                      
    2         An act relating to the practice of physical therapy;
    3         creating ss. 486.086 and 486.1081, F.S.; requiring the
    4         Board of Physical Therapy Practice within the
    5         Department of Health to issue a temporary permit
    6         authorizing a person to practice as a physical
    7         therapist or physical therapist assistant under
    8         certain conditions; providing when a temporary permit
    9         becomes void; authorizing a person to continue to
   10         practice as a physical therapist or physical therapist
   11         assistant until the person is issued a license by the
   12         board; prohibiting the board from renewing a temporary
   13         permit to practice as a physical therapist or physical
   14         therapist assistant; requiring that a person who has a
   15         current temporary permit to practice as a physical
   16         therapist or physical therapist assistant receive
   17         direct supervision at all times from a physical
   18         therapist; providing duties and requirements for the
   19         supervising physical therapist; prohibiting the
   20         supervising physical therapist from supervising more
   21         than one physical therapist or physical therapist
   22         assistant; providing a definition; prohibiting a
   23         person who submits an application for a temporary
   24         permit from working as a physical therapist or
   25         physical therapist assistant until the board issues a
   26         temporary permit to the person; providing an effective
   27         date.
   28  
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Section 486.086, Florida Statutes, is created to
   32  read:
   33         486.086Temporary permit for physical therapists.—
   34         (1) The board shall issue a temporary permit to practice as
   35  a physical therapist to a person who applies for the temporary
   36  permit and who:
   37         (a) Has graduated from a physical therapy program located
   38  in the United States which is accredited by the Commission on
   39  Accreditation in Physical Therapy Education;
   40         (b) Is scheduled to take the first available national
   41  physical therapy exam for physical therapists after graduation;
   42         (c) Submits documentation to the board which verifies that
   43  the person will be directly supervised by a physical therapist
   44  who has been licensed under this chapter for at least 6 months;
   45         (d) Passes an examination on state laws and rules related
   46  to physical therapy practice; and
   47         (e) Submits proof of malpractice insurance to the board.
   48         (2) When the results of the first available national
   49  physical therapy exam for physical therapists are disseminated
   50  and published, the temporary permit is void unless the person
   51  achieves a passing score on the exam.
   52         (3) A person who is issued a temporary permit and receives
   53  a passing score on the national physical therapy exam for
   54  physical therapists may continue to practice as a physical
   55  therapist until the person is issued a license following the
   56  next meeting of the board. When the board issues the license to
   57  the person, his or her temporary permit is void.
   58         (4) The board may not renew a temporary permit to practice
   59  as a physical therapist.
   60         (5)(a) Any person who has a current temporary permit to
   61  practice as a physical therapist must receive direct supervision
   62  at all times from a physical therapist pursuant to rules adopted
   63  by the board.
   64         (b) The supervising physical therapist must:
   65         1. Have been licensed under this chapter for at least 6
   66  months before supervising a person who holds a temporary permit
   67  to practice as a physical therapist; and
   68         2. Cosign all patient records, medical records, or other
   69  documentation produced by the person who holds a temporary
   70  permit to practice as a physical therapist.
   71         (c) The supervising physical therapist may not supervise
   72  more than one person who holds a temporary permit to practice as
   73  a physical therapist.
   74         (d) As used in this section, the term “direct supervision”
   75  means supervision by a physical therapist who is licensed under
   76  this chapter. Except in a case of emergency, direct supervision
   77  requires the physical presence of the licensed physical
   78  therapist for consultation and direction of the actions of a
   79  physical therapist who is practicing under a temporary permit
   80  and who is a candidate for licensure by examination.
   81         (6) A person who submits an application for a temporary
   82  permit to practice as a physical therapist may not begin work as
   83  a physical therapist until the board issues the temporary
   84  permit.
   85         Section 2. Section 486.1081, Florida Statutes, is created
   86  to read:
   87         486.1081Temporary permit for physical therapist
   88  assistants.—
   89         (1) The board shall issue a temporary permit to practice as
   90  a physical therapist assistant to a person who applies for the
   91  temporary permit and who:
   92         (a) Has graduated from a physical therapy assistant program
   93  located in the United States which is accredited by the
   94  Commission on Accreditation in Physical Therapy Education;
   95         (b) Is scheduled to take the first available national
   96  physical therapy exam for physical therapist assistants after
   97  graduation;
   98         (c) Submits documentation to the board which verifies that
   99  the person will be directly supervised by a physical therapist
  100  who has been licensed under this chapter for at least 6 months;
  101         (d) Passes an examination on state laws and rules related
  102  to physical therapy practice; and
  103         (e) Submits proof of malpractice insurance to the board.
  104         (2) When the results of the first available national
  105  physical therapy exam for physical therapist assistants are
  106  disseminated and published, the temporary permit is void unless
  107  the person achieves a passing score on the exam.
  108         (3) A person who is issued a temporary permit and receives
  109  a passing score on the national physical therapy exam for
  110  physical therapy assistants may continue to practice as a
  111  physical therapist assistant until the person is issued a
  112  license following the next meeting of the board. When the board
  113  issues the license to the person, his or her temporary permit is
  114  void.
  115         (4) The board may not renew a temporary permit to practice
  116  as a physical therapist assistant.
  117         (5)(a) Any person who has a current temporary permit to
  118  practice as a physical therapist assistant must receive direct
  119  supervision at all times from a physical therapist pursuant to
  120  rules adopted by the board.
  121         (b) The supervising physical therapist must:
  122         1. Have been licensed under this chapter for at least 6
  123  months before supervising a person who holds a temporary permit
  124  to practice as a physical therapist assistant; and
  125         2. Cosign all patient records, medical records, or other
  126  documentation produced by the person who holds a temporary
  127  permit to practice as a physical therapist assistant.
  128         (c) The supervising physical therapist may not supervise
  129  more than one person who holds a temporary permit to practice as
  130  a physical therapist assistant.
  131         (d) As used in this section, the term “direct supervision”
  132  means supervision by a physical therapist who is licensed under
  133  this chapter. Except in a case of emergency, direct supervision
  134  requires the physical presence of the licensed physical
  135  therapist for consultation and direction of the actions of a
  136  physical therapist assistant who is practicing under a temporary
  137  permit and who is a candidate for licensure by examination.
  138         (6) A person who submits an application for a temporary
  139  permit to practice as a physical therapist assistant may not
  140  begin work as a physical therapist assistant until the board
  141  issues the temporary permit.
  142         Section 3. This act shall take effect July 1, 2012.