F.S. 486.011 Short title.
This chapter may be cited as the “Physical Therapy Practice Act.”
PHYSICAL THERAPY PRACTICE
F.S. Ch. 486
in effectF.S. 486.015 Legislative intent.
The sole legislative purpose in enacting this chapter is to ensure that every physical therapy practitioner practicing in this state meets minimum requirements for safe practice. It is the legislative intent that physical therapy practitioners who fall below minimum competency or who otherwise present a danger to the public be prohibited from practicing in this state.
F.S. 486.021 Definitions.
As used in this chapter, unless the context otherwise requires, the term:
(1)
“Board” means the Board of Physical Therapy Practice.
(2)
“Department” means the Department of Health.
(3)
“License” means the document of authorization granted by the board and issued by the department for a person to engage in the practice of physical therapy.
(4)
“Endorsement” means licensure granted by the board pursuant to the provisions of s. 486.081 or s. 486.107.
(5)
“Physical therapist” means a person who is licensed and who practices physical therapy in accordance with the provisions of this chapter.
(6)
“Physical therapist assistant” means a person who is licensed in accordance with the provisions of this chapter to perform patient-related activities, including the use of physical agents, whose license is in good standing, and whose activities are performed under the direction of a physical therapist as set forth in rules adopted pursuant to this chapter. Patient-related activities performed by a physical therapist assistant for a board-certified orthopedic physician or physiatrist licensed pursuant to chapter 458 or chapter 459 or a practitioner licensed under chapter 460 shall be under the general supervision of a physical therapist, but shall not require onsite supervision by a physical therapist. Patient-related activities performed for all other health care practitioners licensed under chapter 458 or chapter 459 and those patient-related activities performed for practitioners licensed under chapter 461 or chapter 466 shall be performed under the onsite supervision of a physical therapist.
(7)
“Physical therapy practitioner” means a physical therapist or a physical therapist assistant who is licensed and who practices physical therapy in accordance with the provisions of this chapter.
(8)
“Physical therapy” or “physiotherapy,” each of which terms is deemed identical and interchangeable with each other, means a health care profession.
(9)
“Direct supervision” means supervision by a physical therapist who is licensed pursuant to this chapter. Except in a case of emergency, direct supervision requires the physical presence of the licensed physical therapist for consultation and direction of the actions of a physical therapist or physical therapist assistant who is practicing under a temporary permit and who is a candidate for licensure by examination.
(10)
“Physical therapy assessment” means observational, verbal, or manual determinations of the function of the movement system relative to physical therapy, including, but not limited to, range of motion of a joint, motor power, motor control, posture, biomechanical function, locomotion, or functional abilities, for the purpose of physical therapy treatment.
(11)
“Practice of physical therapy” means the performance of physical therapy assessments and the treatment of any disability, injury, disease, or other health condition of human beings, or the prevention of such disability, injury, disease, or other health condition, and the rehabilitation of such disability, injury, disease, or other health condition by alleviating impairments, functional movement limitations, and disabilities by designing, implementing, and modifying treatment interventions through therapeutic exercise; functional movement training in self-management and in-home, community, or work integration or reintegration; manual therapy; massage; airway clearance techniques; maintaining and restoring the integumentary system and wound care; physical agent or modality; mechanical or electrotherapeutic modality; patient-related instruction; the use of apparatus and equipment in the application of such treatment, prevention, or rehabilitation; the performance of tests of neuromuscular functions as an aid to the diagnosis or treatment of any human condition; or the performance of electromyography as an aid to the diagnosis of any human condition only upon compliance with the criteria set forth by the Board of Medicine.
(a)
A physical therapist may implement a plan of treatment developed by the physical therapist for a patient or provided for a patient by a practitioner of record or by an advanced practice registered nurse licensed under s. 464.012. The physical therapist shall refer the patient to or consult with a practitioner of record if the patient’s condition is found to be outside the scope of physical therapy. If physical therapy treatment for a patient is required beyond 30 days for a condition not previously assessed by a practitioner of record, the physical therapist shall have a practitioner of record review and sign the plan. The requirement that a physical therapist have a practitioner of record review and sign a plan of treatment does not apply when a patient has been physically examined by a physician licensed in another state, the patient has been diagnosed by the physician as having a condition for which physical therapy is required, and the physical therapist is treating the condition. For purposes of this paragraph, a health care practitioner licensed under chapter 458, chapter 459, chapter 460, chapter 461, or chapter 466 and engaged in active practice is eligible to serve as a practitioner of record.
(b)
The use of roentgen rays and radium for diagnostic and therapeutic purposes and the use of electricity for surgical purposes, including cauterization, are not “physical therapy” for purposes of this chapter.
(c)
The practice of physical therapy does not authorize a physical therapy practitioner to practice chiropractic medicine as defined in chapter 460, including specific spinal manipulation, or acupuncture as defined in chapter 457. For the performance of specific chiropractic spinal manipulation, a physical therapist shall refer the patient to a health care practitioner licensed under chapter 460.
(d)
This subsection does not authorize a physical therapist to implement a plan of treatment for a patient currently being treated in a facility licensed pursuant to chapter 395.
(12)
“Dry needling” means a skilled intervention, based on Western medicine, that uses filiform needles and other apparatus or equipment to stimulate a myofascial trigger point for the evaluation and management of neuromusculoskeletal conditions, pain, movement impairments, and disabilities.
(13)
“Myofascial trigger point” means an irritable section of soft tissue often associated with palpable nodules in taut bands of muscle fibers.
F.S. 486.023 Board of Physical Therapy Practice.
(1)
There is created within the department the Board of Physical Therapy Practice, composed of seven members appointed by the Governor and subject to confirmation by the Senate.
(2)
Five board members shall be licensed physical therapists in good standing in this state who are residents of this state and who have been engaged in the practice of physical therapy for at least 4 years immediately prior to their appointment. One licensed physical therapist board member may be a full-time faculty member teaching in a physical therapy curriculum in an educational institution in this state. The two remaining members shall be residents of this state who have never been licensed health care practitioners.
(3)
As the terms of the members expire, the Governor shall appoint successors for terms of 4 years, and such members shall serve until their successors are appointed.
(4)
All provisions of chapter 456 relating to activities of the board shall apply.
(5)
The board shall appoint an individual to serve as the state’s delegate on the Physical Therapy Compact Commission, as required under s. 486.112.
F.S. 486.025 Powers and duties of the Board of Physical Therapy Practice.
The board may administer oaths; summon witnesses; take testimony in all matters relating to its duties under this chapter; establish or modify minimum standards of practice of physical therapy as defined in s. 486.021, including, but not limited to, standards of practice for the performance of dry needling by physical therapists; and adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this chapter. The board may also review the standing and reputability of any school or college offering courses in physical therapy and whether the courses of such school or college in physical therapy meet the standards established by the appropriate accrediting agency referred to in s. 486.031(1)(c). In determining the standing and reputability of any such school and whether the school and courses meet such standards, the board may investigate and personally inspect the school and courses.
F.S. 486.028 License to practice physical therapy required.
A person may not practice, or hold herself or himself out as being able to practice, physical therapy in this state unless she or he is licensed under this chapter or holds a compact privilege in this state under the Physical Therapy Licensure Compact as specified in s. 486.112. This chapter does not prohibit any person licensed in this state under any other law from engaging in the practice for which she or he is licensed.
F.S. 486.031 Physical therapist; licensing requirements; exemption.
(1)
To be eligible for licensing as a physical therapist, an applicant must meet all of the following criteria:
(a)
Be at least 18 years old.
(b)
Be of good moral character.
(c)1.
Have graduated from a school of physical therapy which has been approved for the educational preparation of physical therapists by the appropriate accrediting agency recognized by the Council for Higher Education Accreditation or its successor or the United States Department of Education at the time of her or his graduation and have passed, to the satisfaction of the board, the American Registry Examination before 1971 or a national examination approved by the board to determine her or his fitness for practice as a physical therapist under this chapter;
2.
Have received a diploma from a program in physical therapy in a foreign country and have educational credentials deemed equivalent to those required for the educational preparation of physical therapists in this country, as recognized by the appropriate agency as identified by the board, and have passed to the satisfaction of the board an examination to determine her or his fitness for practice as a physical therapist under this chapter; or
3.
Be entitled to licensure by endorsement or without examination as provided in s. 486.081.
(d)
Have submitted to background screening in accordance with s. 456.0135.
(2)
A person licensed as a physical therapist in another state who is practicing under the Physical Therapy Licensure Compact pursuant to s. 486.112, and only within the scope provided therein, is exempt from the licensure requirements of this section.
F.S. 486.041 Physical therapist; application for license; fee.
A person who desires to be licensed as a physical therapist shall apply to the department in writing on a form furnished by the department. She or he shall embody in that application evidence under oath, satisfactory to the board, of possession of the qualifications preliminary to examination required by s. 486.031. The applicant shall pay to the department at the time of filing the application a fee not to exceed $100, as fixed by the board.
F.S. 486.051 Physical therapist; examination of applicant.
The examinations of an applicant for licensing as a physical therapist shall be in accordance with rules adopted by the board, to test the applicant’s qualifications and shall include the taking of a test by the applicant. If an applicant fails to pass the examination in three attempts, the applicant shall not be eligible for reexamination unless she or he completes additional educational or training requirements prescribed by the board. An applicant who has completed the additional educational or training requirements prescribed by the board may take the examination on two more occasions. If the applicant has failed to pass the examination after five attempts, she or he is no longer eligible to take the examination.
F.S. 486.061 Physical therapist; issuance of license.
The board shall cause a license to be issued through the department to each applicant who successfully establishes eligibility under the terms of this chapter and remits the initial license fee set by the board, not to exceed $150. Any person who holds a license pursuant to this section may engage in the practice of physical therapy and use the words “physical therapist” or “physiotherapist,” or the letters “P.T.,” in connection with her or his name or place of business to denote her or his licensure hereunder.
F.S. 486.081 Physical therapist; issuance of license by endorsement; issuance of license without examination to person passing examination of another authorized examining board in a foreign country; fee; exemption.
(1)
The board may grant a license by endorsement to be issued by the department to any applicant who meets the requirements for licensure by endorsement under s. 456.0145 or, without examination, to any applicant who presents evidence satisfactory to the board of having passed an examination in physical therapy before a similar lawfully authorized examining board of a foreign country if the standards for licensure in physical therapy in such foreign country are determined by the board to be as high as those of this state, as established by rules adopted under this chapter. Any person who holds a license pursuant to this section may use the words “physical therapist” or “physiotherapist” or the letters “P.T.” in connection with her or his name or place of business to denote her or his licensure hereunder. A person who holds a license pursuant to this section and obtains a doctoral degree in physical therapy may use the letters “D.P.T.” and “P.T.” A physical therapist who holds a degree of Doctor of Physical Therapy may not use the title “doctor” without also clearly informing the public of his or her profession as a physical therapist.
(2)
At the time of filing an application for licensure under this section, the applicant shall pay to the department a nonrefundable fee set by the board in an amount not to exceed $175.
(3)
A person licensed as a physical therapist in another state who is practicing under the Physical Therapy Licensure Compact pursuant to s. 486.112, and only within the scope provided therein, is exempt from the licensure requirements of this section.
F.S. 486.085 Physical therapist; renewal of license; inactive status; reactivation of license; fees.
(1)
The department shall renew a license upon receipt of the renewal application and the fee set by the board not to exceed $200.
(2)
The department shall adopt rules establishing a procedure for the biennial renewal of licenses.
(3)
A license that has become inactive may be reactivated upon application to the department and completion of the requirements for reactivation under this section. The board shall prescribe by rule continuing education requirements as a condition of reactivating a license. The continuing education requirements for reactivating a license may not exceed 10 classroom hours for each year the license was inactive.
(4)(a)
The board shall adopt rules relating to application procedures for inactive status, for renewal of inactive licenses, and for the reactivation of licenses. The board shall prescribe by rule an application fee for inactive status, a renewal fee for inactive status, a delinquency fee, and a fee for the reactivation of a license. None of these fees may exceed the biennial renewal fee established by the board for an active license.
(b)
The department may not reactivate a license unless the inactive or delinquent licensee has paid any applicable biennial renewal or delinquency fee, or both, and a reactivation fee.
(c)
The department may not reactivate a license unless the inactive licensee has met the continuing education requirements of subsection (3) or has fulfilled one of the following requirements for reactivation of a license:
1.
Provides evidence satisfactory to the board that she or he has actively engaged in the practice of physical therapy in good standing in another state for the 4 years immediately preceding the filing of an application for reactivation; or
2.
Makes application for and passes the examination as provided by s. 486.051 and pays the fee therefor as provided in s. 486.041.
F.S. 486.102 Physical therapist assistant; licensing requirements; exemption.
(1)
To be eligible for licensing by the board as a physical therapist assistant, an applicant must meet all of the following criteria:
(a)
Be at least 18 years old.
(b)
Be of good moral character.
(c)1.
Have graduated from a school providing a course of at least 2 years for physical therapist assistants, which has been approved for the educational preparation of physical therapist assistants by the appropriate accrediting agency recognized by the Council for Higher Education Accreditation or its successor or the United States Department of Education at the time of her or his graduation and have passed to the satisfaction of the board an examination to determine her or his fitness for practice as a physical therapist assistant under this chapter;
2.
Have graduated from a school providing a course for physical therapist assistants in a foreign country and have educational credentials deemed equivalent to those required for the educational preparation of physical therapist assistants in this country, as recognized by the appropriate agency as identified by the board, and passed to the satisfaction of the board an examination to determine her or his fitness for practice as a physical therapist assistant under this chapter;
3.
Be entitled to licensure by endorsement as provided in s. 486.107; or
4.
Have been enrolled between July 1, 2014, and July 1, 2016, in a physical therapist assistant school in this state which was accredited at the time of enrollment; and
a.
Have graduated; and
b.
Have passed to the satisfaction of the board an examination to determine his or her fitness for practice as a physical therapist assistant as provided in s. 486.104.
(d)
Have submitted to background screening in accordance with s. 456.0135.
(2)
A person licensed as a physical therapist assistant in another state who is practicing under the Physical Therapy Licensure Compact pursuant to s. 486.112, and only within the scope provided therein, is exempt from the licensure requirements of this section.
F.S. 486.103 Physical therapist assistant; application for license; fee.
A person who desires to be licensed as a physical therapist assistant shall apply to the department in writing on a form furnished by the department. She or he shall embody in that application evidence under oath, satisfactory to the board, of possession of the qualifications preliminary to examination required by s. 486.104. The applicant shall pay to the department at the time of filing the application a fee not to exceed $100, as fixed by the board.
F.S. 486.104 Physical therapist assistant; examination of applicant.
The examination of an applicant for licensing as a physical therapist assistant shall be in accordance with rules adopted by the board, to test the applicant’s qualifications and shall include the taking of a test by the applicant. If an applicant fails to pass the examination in three attempts, the applicant shall not be eligible for reexamination unless she or he completes additional educational or training requirements prescribed by the board. An applicant who has completed the additional educational or training requirements prescribed by the board may take the examination on two more occasions. If the applicant has failed to pass the examination after five attempts, she or he is no longer eligible to take the examination.
F.S. 486.106 Physical therapist assistant; issuance of license.
The board shall issue a license to each applicant who successfully establishes eligibility under the terms of this chapter and remits the initial license fee set by the board, not to exceed $100. Any person who holds a license pursuant to this section may use the words “physical therapist assistant,” or the letters “P.T.A.,” in connection with her or his name to denote licensure hereunder.
F.S. 486.107 Physical therapist assistant; issuance of license by endorsement; fee; exemption.
(1)
The board may grant a license by endorsement to be issued by the department to any applicant who presents evidence to the board, under oath, of meeting the requirements for licensure by endorsement under s. 456.0145. Any person who holds a license pursuant to this section may use the words “physical therapist assistant,” or the letters “P.T.A.,” in connection with her or his name to denote licensure hereunder.
(2)
At the time of filing an application for licensure by endorsement under this section, the applicant shall pay to the department a nonrefundable fee set by the board in an amount not to exceed $175.
(3)
A person licensed as a physical therapist assistant in another state who is practicing under the Physical Therapy Licensure Compact pursuant to s. 486.112, and only within the scope provided therein, is exempt from the licensure requirements of this section.
F.S. 486.108 Physical therapist assistant; renewal of license; inactive status; reactivation of license; fees.
(1)
The department shall renew a license upon receipt of the renewal application and the fee set by the board not to exceed $150.
(2)
The department shall adopt rules establishing a procedure for the biennial renewal of licenses.
(3)
A license that has become inactive may be reactivated upon application to the department and completion of the requirements for reactivation under this section. The board shall prescribe by rule continuing education requirements as a condition of reactivating a license. The continuing education requirements for reactivating a license may not exceed 10 classroom hours for each year the license was inactive.
(4)(a)
The board shall prescribe by rule an application fee for inactive status, a renewal fee for inactive status, a delinquency fee, and a fee for the reactivation of a license. None of these fees may exceed the biennial renewal fee established by the board for an active license.
(b)
The department may not reactivate a license unless the inactive or delinquent licensee has paid any applicable biennial renewal or delinquency fee, or both, and a reactivation fee.
(c)
The department may not reactivate a license unless the inactive licensee has met the continuing education requirements of subsection (3) or has fulfilled one of the following requirements for reactivation of a license:
1.
Provides evidence satisfactory to the board that she or he has actively engaged in the practice of physical therapy in good standing in another state for the 4 years immediately preceding the filing of an application for reinstatement; or
2.
Makes application for and passes the examination as provided by s. 486.104 and pays the fee therefor as provided in s. 486.103.
F.S. 486.109 Continuing education.
(1)
The board shall require licensees to demonstrate their professional competence as a condition of renewal of a license by completing 24 hours of continuing education biennially.
(2)
The board shall approve only those courses sponsored by a college or university which provides a curriculum for training physical therapists or physical therapist assistants which is accredited by, or has status with an accrediting agency approved by, the United States Department of Education or courses sponsored or approved by the Florida Physical Therapy Association or the American Physical Therapy Association.
(3)
The board may make exceptions from the requirements of this section in emergency or hardship cases as provided by rule.
(4)
Each licensee shall maintain sufficient records to demonstrate compliance with this section.
(5)
The board may adopt rules within the requirements of this section that are necessary for its implementation.
F.S. 486.112 Physical Therapy Licensure Compact.
The Physical Therapy Licensure Compact is hereby enacted into law and entered into by this state with all other jurisdictions legally joining therein in the form substantially as follows:
ARTICLE I
PURPOSE AND OBJECTIVES
(1) The purpose of the compact is to facilitate interstate practice of physical therapy with the goal of improving public access to physical therapy services. The compact preserves the regulatory authority of member states to protect public health and safety through their current systems of state licensure. For purposes of state regulation under the compact, the practice of physical therapy is deemed to have occurred in the state where the patient is located at the time physical therapy is provided to the patient.
(2) The compact is designed to achieve all of the following objectives:
(a) Increase public access to physical therapy services by providing for the mutual recognition of other member state licenses.
(b) Enhance the states’ ability to protect the public’s health and safety.
(c) Encourage the cooperation of member states in regulating multistate physical therapy practice.
(d) Support spouses of relocating military members.
(e) Enhance the exchange of licensure, investigative, and disciplinary information between member states.
(f) Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state’s practice standards.
ARTICLE II
DEFINITIONS
As used in the compact, and except as otherwise provided, the term:
(1) “Active duty military” means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. chapter 1209 or chapter 1211.
(2) “Adverse action” means disciplinary action taken by a physical therapy licensing board based upon misconduct, unacceptable performance, or a combination of both.
(3) “Alternative program” means a nondisciplinary monitoring or practice remediation process approved by a state’s physical therapy licensing board. The term includes, but is not limited to, programs that address substance abuse issues.
(4) “Compact privilege” means the authorization granted by a remote state to allow a licensee from another member state to practice as a physical therapist or physical therapist assistant in the remote state under its laws and rules.
(5) “Continuing competence” means a requirement, as a condition of license renewal, to provide evidence of participation in, and completion of, educational and professional activities relevant to the practice of physical therapy.
(6) “Data system” means the coordinated database and reporting system created by the Physical Therapy Compact Commission for the exchange of information between member states relating to licensees or applicants under the compact, including identifying information, licensure data, investigative information, adverse actions, nonconfidential information related to alternative program participation, any denials of applications for licensure, and other information as specified by commission rule.
(7) “Encumbered license” means a license that a physical therapy licensing board has limited in any way.
(8) “Executive board” means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission.
(9) “Home state” means the member state that is the licensee’s primary state of residence.
(10) “Investigative information” means information, records, and documents received or generated by a physical therapy licensing board pursuant to an investigation.
(11) “Jurisprudence requirement” means the assessment of an individual’s knowledge of the laws and rules governing the practice of physical therapy in a specific state.
(12) “Licensee” means an individual who currently holds an authorization from a state to practice as a physical therapist or physical therapist assistant.
(13) “Member state” means a state that has enacted the compact.
(14) “Party state” means any member state in which a licensee holds a current license or compact privilege or is applying for a license or compact privilege.
(15) “Physical therapist” means an individual licensed by a state to practice physical therapy.
(16) “Physical therapist assistant” means an individual licensed by a state to assist a physical therapist in specified areas of physical therapy.
(17) “Physical therapy” or “the practice of physical therapy” means the care and services provided by or under the direction and supervision of a licensed physical therapist.
(18) “Physical Therapy Compact Commission” or “commission” means the national administrative body whose membership consists of all states that have enacted the compact.
(19) “Physical therapy licensing board” means the agency of a state which is responsible for the licensing and regulation of physical therapists and physical therapist assistants.
(20) “Remote state” means a member state other than the home state where a licensee is exercising or seeking to exercise the compact privilege.
(21) “Rule” means a regulation, principle, or directive adopted by the commission which has the force of law.
(22) “State” means any state, commonwealth, district, or territory of the United States of America which regulates the practice of physical therapy.
ARTICLE III
STATE PARTICIPATION IN THE COMPACT
(1) To participate in the compact, a state must do all of the following:
(a) Participate fully in the commission’s data system, including using the commission’s unique identifier, as defined by commission rule.
(b) Have a mechanism in place for receiving and investigating complaints about licensees.
(c) Notify the commission, in accordance with the terms of the compact and rules, of any adverse action or the availability of investigative information regarding a licensee.
(d) Fully implement a criminal background check requirement, within a timeframe established by commission rule, which uses results from the Federal Bureau of Investigation record search on criminal background checks to make licensure decisions in accordance with subsection (2).
(e) Comply with the commission’s rules.
(f) Use a recognized national examination as a requirement for licensure pursuant to the commission’s rules.
(g) Have continuing competence requirements as a condition for license renewal.
(2) Upon adoption of the compact, a member state has the authority to obtain biometric-based information from each licensee applying for a compact privilege and submit this information to the Federal Bureau of Investigation for a criminal background check in accordance with 28 U.S.C. s. 534 and 34 U.S.C. s. 40316.
(3) A member state must grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the compact and rules.
ARTICLE IV
COMPACT PRIVILEGE
(1) To exercise the compact privilege under the compact, a licensee must satisfy all of the following conditions:
(a) Hold a license in the home state.
(b) Not have an encumbrance on any state license.
(c) Be eligible for a compact privilege in all member states in accordance with subsections (4), (7), and (8).
(d) Not have had an adverse action against any license or compact privilege within the preceding 2 years.
(e) Notify the commission that the licensee is seeking the compact privilege within a remote state.
(f) Meet any jurisprudence requirements established by the remote state in which the licensee is seeking a compact privilege.
(g) Report to the commission adverse action taken by any nonmember state within 30 days after the date the adverse action is taken.
(2) The compact privilege is valid until the expiration date of the home license. The licensee must continue to meet the requirements of subsection (1) to maintain the compact privilege in a remote state.
(3) A licensee providing physical therapy in a remote state under the compact privilege must comply with the laws and rules of the remote state.
(4) A licensee providing physical therapy in a remote state is subject to that state’s regulatory authority. A remote state may, in accordance with due process and that state’s laws, remove a licensee’s compact privilege in the remote state for a specific period of time, impose fines, and take any other necessary actions to protect the health and safety of its citizens. The licensee is not eligible for a compact privilege in any member state until the specific period of time for removal has ended and all fines are paid.
(5) If a home state license is encumbered, the licensee loses the compact privilege in any remote state until the following conditions are met:
(a) The home state license is no longer encumbered.
(b) Two years have elapsed from the date of the adverse action.
(6) Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of subsection (1) to obtain a compact privilege in any remote state.
(7) If a licensee’s compact privilege in any remote state is removed, the licensee loses the compact privilege in all remote states until all of the following conditions are met:
(a) The specific period of time for which the compact privilege was removed has ended.
(b) All fines have been paid.
(c) Two years have elapsed from the date of the adverse action.
(8) Once the requirements of subsection (7) have been met, the licensee must meet the requirements of subsection (1) to obtain a compact privilege in a remote state.
ARTICLE V
ACTIVE DUTY MILITARY PERSONNEL
AND THEIR SPOUSES
A licensee who is active duty military or is the spouse of an individual who is active duty military may choose any of the following locations to designate his or her home state:
(1) Home of record.
(2) Permanent change of station location.
(3) State of current residence, if it is different from the home of record or permanent change of station location.
ARTICLE VI
ADVERSE ACTIONS
(1) A home state has exclusive power to impose adverse action against a license issued by the home state.
(2) A home state may take adverse action based on the investigative information of a remote state, so long as the home state follows its own procedures for imposing adverse action.
(3) The compact does not override a member state’s decision that participation in an alternative program may be used in lieu of adverse action and that such participation remain nonpublic if required by the member state’s laws. Member states must require licensees who enter any alternative programs in lieu of discipline to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state.
(4) A member state may investigate actual or alleged violations of the laws and rules for the practice of physical therapy committed in any other member state by a physical therapist or physical therapist assistant practicing under the compact who holds a license or compact privilege in such other member state.
(5) A remote state may do any of the following:
(a) Take adverse actions as set forth in subsection (4) of Article IV against a licensee’s compact privilege in the state.
(b) Issue subpoenas for both hearings and investigations which require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a physical therapy licensing board in a party state for the attendance and testimony of witnesses or for the production of evidence from another party state must be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service laws of the state where the witnesses or evidence is located.
(c) If otherwise permitted by state law, recover from the licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee.
(6)(a) In addition to the authority granted to a member state by its respective physical therapy practice act or other applicable state law, a member state may participate with other member states in joint investigations of licensees.
(b) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.
ARTICLE VII
ESTABLISHMENT OF THE
PHYSICAL THERAPY COMPACT COMMISSION
(1) COMMISSION CREATED.
—
The member states hereby create and establish a joint public agency known as the Physical Therapy Compact Commission:
(a) The commission is an instrumentality of the member states.
(b) Venue is proper, and judicial proceedings by or against the commission must be brought solely and exclusively, in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
(c) The compact may not be construed to be a waiver of sovereign immunity.
(2) MEMBERSHIP, VOTING, AND MEETINGS.
—
(a) Each member state has and is limited to one delegate selected by that member state’s physical therapy licensing board to serve on the commission. The delegate must be a current member of the physical therapy licensing board who is a physical therapist, a physical therapist assistant, a public member, or the board administrator.
(b) A delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed. Any vacancy occurring on the commission must be filled by the physical therapy licensing board of the member state for which the vacancy exists.
(c) Each delegate is entitled to one vote with regard to the adoption of rules and bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission.
(d) A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates’ participation in meetings by telephone or other means of communication.
(e) The commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws.
(f) All meetings must be open to the public, and public notice of meetings must be given in the same manner as required under the rulemaking provisions in Article IX.
(g) The commission or the executive board or other committees of the commission may convene in a closed, nonpublic meeting if the commission or executive board or other committees of the commission must discuss any of the following:
1. Noncompliance of a member state with its obligations under the compact.
2. The employment, compensation, or discipline of, or other matters, practices, or procedures related to, specific employees or other matters related to the commission’s internal personnel practices and procedures.
3. Current, threatened, or reasonably anticipated litigation against the commission, executive board, or other committees of the commission.
4. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate.
5. An accusation of any person of a crime or a formal censure of any person.
6. Information disclosing trade secrets or commercial or financial information that is privileged or confidential.
7. Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.
8. Investigatory records compiled for law enforcement purposes.
9. Information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility for investigation or determination of compliance issues pursuant to the compact.
10. Matters specifically exempted from disclosure by federal or member state statute.
(h) If a meeting, or portion of a meeting, is closed pursuant to this subsection, the commission’s legal counsel or designee must certify that the meeting may be closed and must reference each relevant exempting provision.
(i) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken and the reasons therefor, including a description of the views expressed. All documents considered in connection with an action must be identified in the minutes. All minutes and documents of a closed meeting must remain under seal, subject to release only by a majority vote of the commission or order of a court of competent jurisdiction.
(3) DUTIES.
—
The commission shall do all of the following:
(a) Establish the fiscal year of the commission.
(b) Establish bylaws.
(c) Maintain its financial records in accordance with the bylaws.
(d) Meet and take such actions as are consistent with the provisions of the compact and the bylaws.
(4) POWERS.
—
The commission may do any of the following:
(a) Adopt uniform rules to facilitate and coordinate implementation and administration of the compact. The rules have the force and effect of law and are binding in all member states.
(b) Bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state physical therapy licensing board to sue or be sued under applicable law is not affected.
(c) Purchase and maintain insurance and bonds.
(d) Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state.
(e) Hire employees and elect or appoint officers; fix the compensation of, define the duties of, and grant appropriate authority to such individuals to carry out the purposes of the compact; and establish the commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.
(f) Accept any appropriate donations and grants of money, equipment, supplies, materials, and services and receive, use, and dispose of the same, provided that at all times the commission avoids any appearance of impropriety or conflict of interest.
(g) Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve, or use any property, real, personal, or mixed, provided that at all times the commission avoids any appearance of impropriety or conflict of interest.
(h) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed.
(i) Establish a budget and make expenditures.
(j) Borrow money.
(k) Appoint committees, including standing committees composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in the compact and the bylaws.
(l) Provide information to, receive information from, and cooperate with law enforcement agencies.
(m) Establish and elect an executive board.
(n) Perform such other functions as may be necessary or appropriate to achieve the purposes of the compact consistent with the state regulation of physical therapy licensure and practice.
(5) THE EXECUTIVE BOARD.
—
(a) The executive board may act on behalf of the commission according to the terms of the compact.
(b) The executive board shall be composed of the following nine members:
1. Seven voting members who are elected by the commission from the current membership of the commission.
2. One ex officio, nonvoting member from the recognized national physical therapy professional association.
3. One ex officio, nonvoting member from the recognized membership organization of the physical therapy licensing boards.
(c) The ex officio members shall be selected by their respective organizations.
(d) The commission may remove any member of the executive board as provided in its bylaws.
(e) The executive board shall meet at least annually.
(f) The executive board shall do all of the following:
1. Recommend to the entire commission changes to the rules or bylaws, compact legislation, fees paid by compact member states, such as annual dues, and any commission compact fee charged to licensees for the compact privilege.
2. Ensure compact administration services are appropriately provided, contractually or otherwise.
3. Prepare and recommend the budget.
4. Maintain financial records on behalf of the commission.
5. Monitor compact compliance of member states and provide compliance reports to the commission.
6. Establish additional committees as necessary.
7. Perform other duties as provided in the rules or bylaws.
(6) FINANCING OF THE COMMISSION.
—
(a) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
(b) The commission may accept any appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.
(c) The commission may levy and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff. Such assessments and fees must total to an amount sufficient to cover the commission’s annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount must be allocated based upon a formula to be determined by the commission, which shall adopt a rule binding upon all member states.
(d) The commission may not incur obligations of any kind before securing the funds adequate to meet such obligations; nor may the commission pledge the credit of any of the member states, except by and with the authority of the member state.
(e) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission are subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission must be audited yearly by a certified or licensed public accountant, and the report of the audit must be included in and become part of the annual report of the commission.
(7) QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION.
—
(a) The members, officers, executive director, employees, and representatives of the commission are immune from suit and liability, whether personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of commission employment, duties, or responsibilities. However, this paragraph may not be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional, willful, or wanton misconduct of that person.
(b) The commission shall defend any member, officer, executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities. However, this subsection may not be construed to prohibit any member, officer, executive director, employee, or representative of the commission from retaining his or her own counsel or to require the commission to defend such person if the actual or alleged act, error, or omission resulted from that person’s intentional, willful, or wanton misconduct.
(c) The commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional, willful, or wanton misconduct of that person.
ARTICLE VIII
DATA SYSTEM
(1) The commission shall provide for the development, maintenance, and use of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensees in member states.
(2) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom the compact is applicable as required by the rules of the commission, which data set must include all of the following:
(a) Identifying information.
(b) Licensure data.
(c) Investigative information.
(d) Adverse actions against a license or compact privilege.
(e) Nonconfidential information related to alternative program participation.
(f) Any denial of application for licensure, and the reason for such denial.
(g) Other information that may facilitate the administration of the compact, as determined by the rules of the commission.
(3) Investigative information in the system pertaining to a licensee in any member state must be available only to other party states.
(4) The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license in a member state. Adverse action information pertaining to a licensee in any member state must be available to all other member states.
(5) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
(6) Any information submitted to the data system which is subsequently required to be expunged by the laws of the member state contributing the information must be removed from the data system.
ARTICLE IX
RULEMAKING
(1) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this article and the rules adopted thereunder. Rules and amendments become binding as of the date specified in each rule or amendment.
(2) If a majority of the legislatures of the member states rejects a rule by enactment of a statute or resolution in the same manner used to adopt the compact within 4 years after the date of adoption of the rule, such rule does not have further force and effect in any member state.
(3) Rules or amendments to the rules must be adopted at a regular or special meeting of the commission.
(4) Before adoption of a final rule by the commission, and at least 30 days before the meeting at which the rule will be considered and voted upon, the commission must file a notice of proposed rulemaking on all of the following:
(a) The website of the commission or another publicly accessible platform.
(b) The website of each member state physical therapy licensing board or another publicly accessible platform or the publication in which each state would otherwise publish proposed rules.
(5) The notice of proposed rulemaking must include all of the following:
(a) The proposed date, time, and location of the meeting in which the rule or amendment will be considered and voted upon.
(b) The text of the proposed rule or amendment and the reason for the proposed rule.
(c) A request for comments on the proposed rule or amendment from any interested person.
(d) The manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments.
(6) Before adoption of a proposed rule or amendment, the commission must allow persons to submit written data, facts, opinions, and arguments, which must be made available to the public.
(7) The commission must grant an opportunity for a public hearing before it adopts a rule or an amendment if a hearing is requested by any of the following:
(a) At least 25 persons.
(b) A state or federal governmental subdivision or agency.
(c) An association having at least 25 members.
(8) If a scheduled public hearing is held on the proposed rule or amendment, the commission must publish the date, time, and location of the hearing. If the hearing is held through electronic means, the commission must publish the mechanism for access to the electronic hearing.
(a) All persons wishing to be heard at the hearing must notify the executive director of the commission or another designated member in writing of their desire to appear and testify at the hearing at least 5 business days before the scheduled date of the hearing.
(b) Hearings must be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.
(c) All hearings must be recorded. A copy of the recording must be made available on request.
(d) This article may not be construed to require a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this article.
(9) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.
(10) If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with adoption of the proposed rule without a public hearing.
(11) The commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
(12) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the compact and in this article are retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this subsection, an emergency rule is one that must be adopted immediately in order to do any of the following:
(a) Meet an imminent threat to public health, safety, or welfare.
(b) Prevent a loss of commission or member state funds.
(c) Meet a deadline for the adoption of an administrative rule established by federal law or rule.
(d) Protect public health and safety.
(13) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions must be posted on the website of the commission. The revision is subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge must be made in writing and delivered to the chair of the commission before the end of the notice period. If a challenge is not made, the revision takes effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
ARTICLE X
OVERSIGHT, DISPUTE RESOLUTION,
AND ENFORCEMENT
(1) OVERSIGHT.
—
(a) The executive, legislative, and judicial branches of state government in each member state shall enforce the compact and take all actions necessary and appropriate to carry out the compact’s purposes and intent. The provisions of the compact and the rules adopted pursuant thereto shall have standing as statutory law.
(b) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of the compact which may affect the powers, responsibilities, or actions of the commission.
(c) The commission is entitled to receive service of process in any such proceeding and has standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the commission renders a judgment or an order void as to the commission, the compact, or the adopted rules.
(2) DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION.
—
(a) If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under the compact or the adopted rules, the commission must do all of the following:
1. Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default, and any other action to be taken by the commission.
2. Provide remedial training and specific technical assistance regarding the default.
(b) If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the member states, and all rights, privileges, and benefits conferred by the compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
(c) Termination of membership in the compact may be imposed only after all other means of securing compliance have been exhausted. The commission shall give notice of intent to suspend or terminate a defaulting member state to the governor and majority and minority leaders of the defaulting state’s legislature and to each of the member states.
(d) A state that has been terminated from the compact is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
(e) The commission does not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state.
(f) The defaulting state may appeal the action of the commission by petitioning the United States District Court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney fees.
(3) DISPUTE RESOLUTION.
—
(a) Upon request by a member state, the commission must attempt to resolve disputes related to the compact which arise among member states and between member and nonmember states.
(b) The commission shall adopt a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
(4) ENFORCEMENT.
—
(a) The commission, in the reasonable exercise of its discretion, shall enforce the compact and the commission’s rules.
(b) By majority vote, the commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its adopted rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney fees.
(c) The remedies under this article are not the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
ARTICLE XI
DATE OF IMPLEMENTATION OF THE
PHYSICAL THERAPY COMPACT
AND ASSOCIATED RULES; WITHDRAWAL;
AND AMENDMENTS
(1) The compact becomes effective on the date that the compact statute is enacted into law in the tenth member state. The provisions that become effective at that time are limited to the powers granted to the commission relating to assembly and the adoption of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary for the implementation and administration of the compact.
(2) Any state that joins the compact subsequent to the commission’s initial adoption of the rules is subject to the rules as they exist on the date that the compact becomes law in that state. Any rule that has been previously adopted by the commission has the full force and effect of law on the day the compact becomes law in that state.
(3) Any member state may withdraw from the compact by enacting a statute repealing the same.
(a) A member state’s withdrawal does not take effect until 6 months after enactment of the repealing statute.
(b) Withdrawal does not affect the continuing requirement of the withdrawing state’s physical therapy licensing board to comply with the investigative and adverse action reporting requirements of this act before the effective date of withdrawal.
(4) The compact may not be construed to invalidate or prevent any physical therapy licensure agreement or other cooperative arrangement between a member state and a nonmember state which does not conflict with the provisions of the compact.
(5) The compact may be amended by the member states. An amendment to the compact does not become effective and binding upon any member state until it is enacted into the laws of all member states.
ARTICLE XII
CONSTRUCTION AND SEVERABILITY
The compact must be liberally construed so as to carry out the purposes thereof. The provisions of the compact are severable, and if any phrase, clause, sentence, or provision of the compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of the compact and the applicability thereof to any government, agency, person, or circumstance is not affected thereby. If the compact is held contrary to the constitution of any party state, the compact remains in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.
F.S. 486.113 Physical Therapy Compact Commission; public records and meetings exemptions.
(1)
A physical therapist’s or a physical therapist assistant’s personal identifying information, other than the person’s name, licensure status, or licensure number, obtained from the coordinated database and reporting system described in Article VIII of s. 486.112 and held by the department or the board is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution unless the state that originally reported the information to the coordinated database and reporting system authorizes the disclosure of such information by law. If disclosure is so authorized, information may be disclosed only to the extent authorized by law by the reporting state.
(2)(a)
A meeting or a portion of a meeting of the Physical Therapy Compact Commission or the executive board or any other committee of the commission established in Article VII of s. 486.112 at which matters concerning any of the following are discussed is exempt from s. 286.011 and s. 24(b), Art. I of the State Constitution:
1.
Noncompliance of a member state with its obligations under the compact.
2.
The employment, compensation, or discipline of, or other matters, practices, or procedures related to, specific employees or other matters related to the commission’s internal personnel practices and procedures.
3.
Current, threatened, or reasonably anticipated litigation against the commission, executive board, or other committees of the commission.
4.
Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate.
5.
An accusation of any person of a crime or a formal censure of any person.
6.
Information disclosing trade secrets or commercial or financial information that is privileged or confidential.
7.
Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.
8.
Investigatory records compiled for law enforcement purposes.
9.
Information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility for investigation or determination of compliance issues pursuant to the compact.
10.
Matters specifically exempted from disclosure by federal or member state statute.
(b)
Recordings, minutes, and records generated during an exempt meeting or an exempt portion of a meeting are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(3)
This section is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2029, unless reviewed and saved from repeal through reenactment by the Legislature.
F.S. 486.115 Disposition of fees.
All moneys collected by the department under this chapter shall be deposited and expended pursuant to the provisions of s. 456.025.
F.S. 486.117 Physical therapist; performance of dry needling.
(1)
The board shall establish minimum standards of practice for the performance of dry needling by physical therapists, including, at a minimum, all of the following:
(a)
Completion of 2 years of licensed practice as a physical therapist.
(b)
Completion of 50 hours of face-to-face continuing education from an entity accredited in accordance with s. 486.109 on the topic of dry needling which must include a determination by the physical therapist instructor that the physical therapist demonstrates the requisite psychomotor skills to safely perform dry needling. The continuing education must include instruction in all of the following areas:
1.
Theory of dry needling.
2.
Selection and safe handling of needles and other apparatus or equipment used in dry needling, including instruction on the proper handling of biohazardous waste.
3.
Indications and contraindications for dry needling.
4.
Psychomotor skills needed to perform dry needling.
5.
Postintervention care, including adverse responses, adverse event recordkeeping, and any reporting obligations.
(c)1.
Completion of at least 25 patient sessions of dry needling performed under the supervision of a physical therapist who holds an active license to practice physical therapy in any state or the District of Columbia, who has actively performed dry needling for at least 1 year, and who documents that he or she has met the supervision and competency requirements and needs no additional supervised sessions to perform dry needling; or
2.
Completion of 25 patient sessions of dry needling performed as a physical therapist licensed in any state or in the United States Armed Forces.
(d)
A requirement that dry needling may not be performed without patient consent and must be a part of a patient’s documented plan of care.
(e)
A requirement that dry needling may not be delegated to any person other than a physical therapist who is authorized to engage in dry needling under this chapter.
(2)
The board shall establish additional supervision and training requirements before the performance of dry needling of the head and neck or torso by a physical therapist if the board deems it necessary for patient safety.
(3)
The department shall, within existing resources, submit a report to the President of the Senate and the Speaker of the House of Representatives on or before December 31, 2022, detailing the number of physical therapists in the state, the number of physical therapists in the state performing dry needling, any increases or decreases in the number of physical therapists in the state by geographic area, and any adverse medical incidents as defined by the board involving physical therapists in the state performing dry needling.
(4)
The performance of dry needling in the practice of physical therapy may not be construed to limit the scope of practice of other licensed health care practitioners not governed by this chapter.
F.S. 486.123 Sexual misconduct in the practice of physical therapy.
The physical therapist-patient relationship is founded on mutual trust. Sexual misconduct in the practice of physical therapy means violation of the physical therapist-patient relationship through which the physical therapist uses that relationship to induce or attempt to induce the patient to engage, or to engage or attempt to engage the patient, in sexual activity outside the scope of practice or the scope of generally accepted examination or treatment of the patient. Sexual misconduct in the practice of physical therapy is prohibited.
F.S. 486.125 Refusal, revocation, or suspension of license; administrative fines and other disciplinary measures.
(1)
The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2) or s. 486.112:
(a)
Being unable to practice physical therapy with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition.
1.
In enforcing this paragraph, upon a finding of the State Surgeon General or the State Surgeon General’s designee that probable cause exists to believe that the licensee is unable to practice physical therapy due to the reasons stated in this paragraph, the department shall have the authority to compel a physical therapist or a physical therapist assistant to submit to a mental or physical examination by a physician designated by the department. If the licensee refuses to comply with such order, the department’s order directing such examination may be enforced by filing a petition for enforcement in the circuit court where the licensee resides or serves as a physical therapy practitioner. The licensee against whom the petition is filed may not be named or identified by initials in any public court records or documents, and the proceedings must be closed to the public. The department shall be entitled to the summary procedure provided in s. 51.011.
2.
A physical therapist or a physical therapist assistant whose license is suspended or revoked pursuant to this subsection shall, at reasonable intervals, be given an opportunity to demonstrate that she or he can resume the competent practice of physical therapy with reasonable skill and safety to patients.
3.
Neither the record of proceeding nor the orders entered by the board in any proceeding under this subsection may be used against a physical therapist or a physical therapist assistant in any other proceeding.
(b)
Having committed fraud in the practice of physical therapy or deceit in obtaining a license as a physical therapist or as a physical therapist assistant.
(c)
Being convicted or found guilty regardless of adjudication, of a crime in any jurisdiction which directly relates to the practice of physical therapy or to the ability to practice physical therapy. The entry of any plea of nolo contendere is considered a conviction for the purpose of this chapter.
(d)
Having treated or undertaken to treat human ailments by means other than by physical therapy, as defined in this chapter.
(e)
Failing to maintain acceptable standards of physical therapy practice as set forth by the board in rules adopted pursuant to this chapter.
(f)
Engaging directly or indirectly in the dividing, transferring, assigning, rebating, or refunding of fees received for professional services, or having been found to profit by means of a credit or other valuable consideration, such as an unearned commission, discount, or gratuity, with any person referring a patient or with any relative or business associate of the referring person. This chapter may not be construed to prohibit the members of any regularly and properly organized business entity which is comprised of physical therapists and which is recognized under the laws of this state from making any division of their total fees among themselves as they determine necessary.
(g)
Having a license revoked or suspended; having had other disciplinary action taken against her or him; or having had her or his application for a license refused, revoked, or suspended by the licensing authority of another state, territory, or country.
(h)
Violating a lawful order of the board or department previously entered in a disciplinary hearing.
(i)
Making or filing a report or record which the licensee knows to be false. Such reports or records shall include only those which are signed in the capacity of a physical therapist.
(j)
Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities which the licensee knows or has reason to know that she or he is not competent to perform, including, but not limited to, specific spinal manipulation.
(k)
Violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto.
(2)(a)
The board may enter an order denying licensure or imposing any of the penalties in s. 456.072(2) against any applicant for licensure or licensee who is found guilty of violating any provision of subsection (1) or who is found guilty of violating any provision of s. 456.072(1).
(b)
The board may take adverse action against a physical therapist’s or a physical therapist assistant’s compact privilege under the Physical Therapy Licensure Compact pursuant to s. 486.112 and may impose any of the penalties in s. 456.072(2), if a physical therapist or a physical therapist assistant commits an act specified in subsection (1) or s. 456.072(1).
(3)
The board may not reinstate the license of a physical therapist or a physical therapist assistant or approve a license to be issued to a person it has deemed unqualified until such time as it is satisfied that she or he has complied with all the terms and conditions set forth in the final order and that such person is capable of safely engaging in the practice of physical therapy.
F.S. 486.135 False representation of licensure, or willful misrepresentation or fraudulent representation to obtain license, unlawful.
(1)(a)
It is unlawful for any person who is not licensed under this chapter as a physical therapist, or whose license has been suspended or revoked, to use in connection with her or his name or place of business the words “physical therapist,” “physiotherapist,” “physical therapy,” “physiotherapy,” “registered physical therapist,” or “licensed physical therapist”; the letters “P.T.”; or any other words, letters, abbreviations, or insignia indicating or implying that she or he is a physical therapist or to represent herself or himself as a physical therapist in any other way, orally, in writing, in print, or by sign, directly or by implication, unless physical therapy services are provided or supplied by a physical therapist licensed in accordance with this chapter.
(b)
It is unlawful for a person who is not licensed under this chapter as a physical therapist and who does not hold a doctoral degree in physical therapy to use the letters “D.P.T.” in connection with his or her name or place of business.
(c)
It is unlawful for any person who is not licensed under this chapter as a physical therapist assistant, or whose license has been suspended or revoked, to use in connection with her or his name the words “physical therapist assistant,” the letters “P.T.A.,” or any other words, letters, abbreviations, or insignia indicating or implying that she or he is a physical therapist assistant or to represent herself or himself as a physical therapist assistant in any other way, orally, in writing, in print, or by sign, directly or by implication.
(2)
An unlawful act under this section is a violation of s. 486.151.
(3)
It is unlawful for any person to obtain or attempt to obtain a license under this chapter by any willful misrepresentation or any fraudulent representation.
F.S. 486.151 Prohibited acts; penalty.
(1)
It is unlawful for any person to:
(a)
Practice physical therapy or attempt to practice physical therapy without an active license or temporary permit.
(b)
Use or attempt to use a license or temporary permit to practice physical therapy which is suspended, revoked, or void.
(c)
Obtain or attempt to obtain a license or temporary permit to practice physical therapy by fraudulent misrepresentation.
(d)
Use the name or title “Physical Therapist” or “Physical Therapist Assistant” or any other name or title which would lead the public to believe that the person using the name or title is licensed to practice physical therapy, unless such person holds a valid license, or use the letters “D.P.T.,” unless such person holds a valid license under this chapter and a doctoral degree in physical therapy.
(e)
Make any willfully false oath or affirmation whenever an oath or affirmation is required by this chapter.
(f)
Knowingly conceal information relating to violations of this chapter.
(2)
Any person who violates any of the provisions of this section is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
F.S. 486.153 Injunctive relief.
The department or any person may, in the name of the state, apply for injunctive relief in any court of competent jurisdiction to enjoin any person from committing any act in violation of this chapter. Such proceedings shall be in addition to, and not in lieu of, any other penalty or remedy under this chapter.
F.S. 486.161 Exemptions.
(1)
No provision of this chapter shall be construed to prohibit any person licensed in this state from using any physical agent as a part of, or incidental to, the lawful practice of her or his profession under the statutes applicable to the profession of chiropractic physician, podiatric physician, doctor of medicine, massage therapist, nurse, osteopathic physician or surgeon, occupational therapist, or naturopath.
(2)
No provision of this chapter shall be construed to prohibit:
(a)
Any student who is enrolled in a school or course of physical therapy approved by the board from performing such acts of physical therapy as are incidental to her or his course of study; or
(b)
Any physical therapist from another state from performing physical therapy incidental to a course of study when taking or giving a postgraduate course or other course of study in this state, provided such physical therapist is licensed in another jurisdiction or holds an appointment on the faculty of a school approved for training physical therapists or physical therapist assistants.
(3)
No provision of this chapter prohibits a licensed physical therapist from delegating, to a person qualified by training, experience, or education, specific patient care activities, as defined and limited by board rule, to assist the licensed physical therapist in performing duties in compliance with the standards of the practice of physical therapy. Specific patient care activities, as defined and limited by board rule, must be performed under the direct supervision of the licensed physical therapist or physical therapist assistant in the immediate area, if the person is not a licensed physical therapist assistant.
F.S. 486.171 Current valid licenses effective.
(1)
Any person holding a license to practice physical therapy issued by the board or department, which license is valid when this act takes effect, shall be deemed to be licensed as a physical therapist under this chapter.
(2)
Any person employed by or assisting the physical therapist as an aide shall be considered eligible to continue to perform her or his duties, provided she or he was so employed prior to the 1973 amendments to this chapter. She or he shall not be eligible to be licensed as a physical therapist assistant or to call herself or himself an assistant until she or he meets the requirements of this chapter.
F.S. 486.172 Application of s. 456.021.
The provisions of s. 456.021 shall also be applicable to the provisions of this chapter.
F.S. 486.0715 Physical therapist; issuance of temporary permit.
(1)
The board shall issue a temporary physical therapist permit to an applicant who meets the following requirements:
(a)
Completes an application for a temporary permit on a form approved by the department.
(b)
Is a graduate of an approved United States physical therapy educational program and meets all the eligibility requirements for licensure under chapter 456, s. 486.031(1)(a), (b), and (c)1., and related rules, except passage of a national examination approved by the board is not required.
(c)
Submits an application for licensure under s. 486.041.
(d)
Demonstrates proof of possessing malpractice insurance.
(e)
Submits documentation, under rules adopted by the board, verifying that the applicant will practice under the direct supervision of a licensed physical therapist as provided in subsection (3).
(2)
A temporary permit is not renewable and is valid until a license is granted by the board. A temporary permit is void if the permittee does not pass a national examination approved by the board within 6 months after the date of graduation from a physical therapy training program.
(3)
An applicant for a temporary permit may not work as a physical therapist until a temporary permit is issued by the board. A physical therapist who is practicing under a temporary permit must do so under the direct supervision of a licensed physical therapist. A supervising physical therapist shall supervise only one permittee at any given time. The supervising physical therapist must be licensed for a minimum of 6 months before the supervision period begins and must cosign all patient records produced by the physical therapist who is practicing under a temporary permit.
F.S. 486.1065 Physical therapist assistant; issuance of temporary permit.
(1)
The board shall issue a temporary physical therapist assistant permit to an applicant who meets the following requirements:
(a)
Completes an application for a temporary permit on a form approved by the department.
(b)
Is a graduate of an approved United States physical therapy assistant educational program and meets all the eligibility requirements for licensure under chapter 456, s. 486.102(1)(a), (b), and (c)1., and related rules, except passage of a national examination approved by the board is not required.
(c)
Submits an application for licensure under s. 486.103.
(d)
Demonstrates proof of possessing malpractice insurance.
(e)
Submits documentation, under rules adopted by the board, verifying that the applicant will practice under the direct supervision of a licensed physical therapist as provided in subsection (3).
(2)
A temporary permit is not renewable and is valid until a license is granted by the board. A temporary permit is void if the permittee does not pass a national examination approved by the board within 6 months after the date of graduation from a physical therapy assistant training program.
(3)
An applicant for a temporary permit may not work as a physical therapist assistant until a temporary permit is issued by the board. A physical therapist assistant who is practicing under a temporary permit must do so under the direct supervision of a licensed physical therapist. A supervising physical therapist shall supervise only one permittee at any given time. The supervising physical therapist must be licensed for a minimum of 6 months before the supervision period begins and must cosign all patient records produced by the physical therapist assistant who is practicing under a temporary permit.
Source: FL Statutes (Official Site)URL: https://www.flsenate.gov/Laws/Statutes/2025/Chapter486/AllFetched: 7/8/2026