ENROLLED
2016 Legislature SB 450
2016450er
1
2 An act relating to physical therapy; amending s.
3 486.021, F.S.; revising the definition of the term
4 “practice of physical therapy”; amending s. 486.081,
5 F.S.; providing that a licensed physical therapist who
6 holds a specified doctoral degree may use specified
7 letters in connection with her or his name or place of
8 business; prohibiting a physical therapist with a
9 specified doctoral degree from using the title
10 “doctor” without informing the public of his or her
11 profession as a physical therapist; amending s.
12 486.135, F.S.; revising the terms and specified
13 letters prohibited from being used by certain
14 unlicensed persons; providing a criminal penalty;
15 amending s. 486.151, F.S.; prohibiting an unlicensed
16 person from using specified letters; providing an
17 effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Paragraph (a) of subsection (11) of section
22 486.021, Florida Statutes, is amended to read:
23 486.021 Definitions.—In this chapter, unless the context
24 otherwise requires, the term:
25 (11) “Practice of physical therapy” means the performance
26 of physical therapy assessments and the treatment of any
27 disability, injury, disease, or other health condition of human
28 beings, or the prevention of such disability, injury, disease,
29 or other condition of health, and rehabilitation as related
30 thereto by the use of the physical, chemical, and other
31 properties of air; electricity; exercise; massage; the
32 performance of acupuncture only upon compliance with the
33 criteria set forth by the Board of Medicine, when no penetration
34 of the skin occurs; the use of radiant energy, including
35 ultraviolet, visible, and infrared rays; ultrasound; water; the
36 use of apparatus and equipment in the application of the
37 foregoing or related thereto; the performance of tests of
38 neuromuscular functions as an aid to the diagnosis or treatment
39 of any human condition; or the performance of electromyography
40 as an aid to the diagnosis of any human condition only upon
41 compliance with the criteria set forth by the Board of Medicine.
42 (a) A physical therapist may implement a plan of treatment
43 developed by the physical therapist for a patient or provided
44 for a patient by a practitioner of record or by an advanced
45 registered nurse practitioner licensed under s. 464.012. The
46 physical therapist shall refer the patient to or consult with a
47 practitioner of record if the patient’s condition is found to be
48 outside the scope of physical therapy. If physical therapy
49 treatment for a patient is required beyond 30 21 days for a
50 condition not previously assessed by a practitioner of record,
51 the physical therapist shall have obtain a practitioner of
52 record who will review and sign the plan. The requirement that a
53 physical therapist have a practitioner of record review and sign
54 a plan of treatment does not apply when a patient has been
55 physically examined by a physician licensed in another state,
56 the patient has been diagnosed by the physician as having a
57 condition for which physical therapy is required, and the
58 physical therapist is treating the condition. For purposes of
59 this paragraph, a health care practitioner licensed under
60 chapter 458, chapter 459, chapter 460, chapter 461, or chapter
61 466 and engaged in active practice is eligible to serve as a
62 practitioner of record.
63 Section 2. Subsection (1) of section 486.081, Florida
64 Statutes, is amended to read:
65 486.081 Physical therapist; issuance of license without
66 examination to person passing examination of another authorized
67 examining board; fee.—
68 (1) The board may cause a license to be issued through the
69 department without examination to any applicant who presents
70 evidence satisfactory to the board of having passed the American
71 Registry Examination prior to 1971 or an examination in physical
72 therapy before a similar lawfully authorized examining board of
73 another state, the District of Columbia, a territory, or a
74 foreign country, if the standards for licensure in physical
75 therapy in such other state, district, territory, or foreign
76 country are determined by the board to be as high as those of
77 this state, as established by rules adopted pursuant to this
78 chapter. Any person who holds a license pursuant to this section
79 may use the words “physical therapist” or “physiotherapist,” or
80 the letters “P.T.,” in connection with her or his name or place
81 of business to denote her or his licensure hereunder. A person
82 who holds a license pursuant to this section and obtains a
83 doctoral degree in physical therapy may use the letters “D.P.T.”
84 and “P.T.” A physical therapist who holds a degree of Doctor of
85 Physical Therapy may not use the title “doctor” without also
86 clearly informing the public of his or her profession as a
87 physical therapist.
88 Section 3. Subsection (1) of section 486.135, Florida
89 Statutes, is amended, subsection (2) is renumbered as subsection
90 (3), and a new subsection (2) is added to that section, to read:
91 486.135 False representation of licensure, or willful
92 misrepresentation or fraudulent representation to obtain
93 license, unlawful.—
94 (1)(a) It is unlawful for any person who is not licensed
95 under this chapter as a physical therapist, or whose license has
96 been suspended or revoked, to use in connection with her or his
97 name or place of business the words “physical therapist,”
98 “physiotherapist,” “physical therapy,” “physiotherapy,”
99 “registered physical therapist,” or “licensed physical
100 therapist”; or the letters “P.T.,” “Ph.T.,” “R.P.T.,” or
101 “L.P.T.”; or any other words, letters, abbreviations, or
102 insignia indicating or implying that she or he is a physical
103 therapist or to represent herself or himself as a physical
104 therapist in any other way, orally, in writing, in print, or by
105 sign, directly or by implication, unless physical therapy
106 services are provided or supplied by a physical therapist
107 licensed in accordance with this chapter.
108 (b) It is unlawful for a person who is not licensed under
109 this chapter as a physical therapist and who does not hold a
110 doctoral degree in physical therapy to use the letters “D.P.T.”
111 in connection with his or her name or place of business.
112 (c)(b) It is unlawful for any person who is not licensed
113 under this chapter as a physical therapist assistant, or whose
114 license has been suspended or revoked, to use in connection with
115 her or his name the words “physical therapist assistant,”
116 “licensed physical therapist assistant,” “registered physical
117 therapist assistant,” or “physical therapy technician”; or the
118 letters “P.T.A.,” “L.P.T.A.,” “R.P.T.A.,” or “P.T.T.”; or any
119 other words, letters, abbreviations, or insignia indicating or
120 implying that she or he is a physical therapist assistant or to
121 represent herself or himself as a physical therapist assistant
122 in any other way, orally, in writing, in print, or by sign,
123 directly or by implication.
124 (2) An unlawful act under this section is a violation of s.
125 486.151.
126 Section 4. Paragraph (d) of subsection (1) of section
127 486.151, Florida Statutes, is amended to read:
128 486.151 Prohibited acts; penalty.—
129 (1) It is unlawful for any person to:
130 (d) Use the name or title “Physical Therapist” or “Physical
131 Therapist Assistant” or any other name or title which would lead
132 the public to believe that the person using the name or title is
133 licensed to practice physical therapy, unless such person holds
134 a valid license, or use the letters “D.P.T.,” unless such person
135 holds a valid license under this chapter and a doctoral degree
136 in physical therapy.
137 Section 5. This act shall take effect upon becoming a law.