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Board of physical therapy practice laws and rules

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486.135 False representation of licensure, or willful misrepresentation or fraudulent representation to obtain license, unlawful.—
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(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”; or the letters “P.T.,” “Ph.T.,” “R.P.T.,” or “L.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 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,” “licensed physical therapist assistant,” “registered physical therapist assistant,” or “physical therapy technician”; or the letters “P.T.A.,” “L.P.T.A.,” “R.P.T.A.,” or “P.T.T.”; 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) 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.
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486.151 Prohibited acts; penalty.—
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(1) It is unlawful for any person to: (a) Practice physical therapy or attempt to practice physical therapy without an active license. (b) Use or attempt to use a license to practice physical therapy which is suspended or revoked. (c) Obtain or attempt to obtain a license 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. Make any willfully false oath or affirmation whenever an oath or affirmation is required by this chapter. Knowingly conceal information relating to violations of this chapter. (e) (f) (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.
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Board
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Board of physical therapy
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Department
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Department of Health
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Liccense
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Document of authorization granted by the board and issued by the department for a person to engage in the practice of physical therapy
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Endorsement
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licensure granted by the board
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Physical Therapist
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means a person who is licensed and who practices physical therapy in accordance with of the provisions of this chp
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Physical therapist assistant
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(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.
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Physical therapy practitioner
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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.
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Physical therapy” or “physiotherapy,
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each of which terms is deemed identical and interchangeable with each other, means a health care profession.
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Direct supervision
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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.
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Physical therapy assessment
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means observational, verbal, or manual determinations of the function of the musculoskeletal or neuromuscular system relative to physical therapy, including, but not limited to, range of motion of a joint, motor power, postural attitudes, biomechanical function, locomotion, or functional abilities, for the purpose of making recommendations for treatment.
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Practice of physical therapy
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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 condition of health, and rehabilitation as related thereto by the use of the physical, chemical, and other properties of air; electricity; exercise; massage; the performance of acupuncture only upon compliance with the criteria set forth by the Board of Medicine, when no penetration of the skin occurs; the use of radiant energy, including ultraviolet, visible, and infrared rays; ultrasound; water; the use of apparatus and equipment in the application of the foregoing or related thereto; 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.
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A physical therapist may implement a plan of treatment developed by
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the physical therapist for a patient or provided for a patient by a practitioner of record or by an advanced registered nurse practitioner 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 21 days for a condition not previously assessed by a practitioner of record, the physical therapist shall obtain a practitioner of record who will review and sign the plan. 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.
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are not “physical therapy” for purposes of this chapter.
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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.
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The practice of physical therapy does not authorize a physical therapy practitioner to practice
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chiropractic medicine as defined in chapter 460, including specific spinal manipulation. For the performance of specific chiropractic spinal manipulation, a physical therapist shall refer the patient to a health care practitioner licensed under chapter 460.
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Acute Care
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The stage of illness or injury characterized by actual or reasonable potential for a rapid change in medical status that would affect the physical therapy plan of care.
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Consultation
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The offering of information aimed at the resolution of perceived problem.
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Delegation
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The authorization and empowerment by a physical therapist of the physical therapist assistant or unlicensed personnel, as outlined in Rule 64B17-6.007, F.A.C., to carry out actions subject to licensure under Chapter 486, Florida Statutes.
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Assessment
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Observational, verbal, or manual determinations of the function of the musculoskeletal or neuromuscular system relative to physical therapy, including, but not limited to, range of motion of a joint, motor power, postural attitudes, biomechanical function, locomotion, or functional abilities, for the purpose of making recommendations for treatment.
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Direct Supervision 2
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Supervision of subordinate personnel performing actions subject to licensure pursuant to Chapter 486, Florida Statutes, while the licensed supervisor is immediately physically available. On-site Supervision means direct supervision.
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General supervision
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Supervision of a physical therapist assistant shall not require on-site supervision by the physical therapist. The physical therapist shall be accessible at all times by two way communication, which enables the physical therapist to respond to an inquiry when made and to be readily available for consultation during the delivery of care, and shall be within the same geographic location as the assistant.
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Program Plan
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The establishment of objectives (goals) and specific remediation techniques.
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Standards
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Conditions and performances which are essential for quality physical therapy service and patient care
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Unlicensed personnel
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Any individual, working or volunteering in a physical therapy setting, not holding a current license as a physical therapist or physical therapist assistant
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Physical Therapy Personnel Responsibilities to Patients’ Rights and Dignity.
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(a) Physical therapy is a profession involving skilled practice of patient care. The delegation of tasks and direction of actions to subordinates is a serious responsibility for the physical therapist. The primary concern of the physical therapist is always the safety, well being, and best interest of the patient. (b) Physical therapists and physical therapist assistants shall recognize and carry out services consistent with legal rights and personal dignity of the patient. It is the responsibility of the licensee to communicate effectively to the patient the treatment evaluation process and techniques to be used in any procedures before beginning treatment and anytime during the course of the treatment process. (c) Physical therapists and physical therapist assistants shall safeguard the confidentiality of information and require written consent from the patient or legally authorized representative prior to releasing information to a third party not involved in the actual care. (d) Physical therapists and physical therapist assistants shall avoid acts which blatantly disregard a patient’s modesty and shall neither suggest nor engage in sexual activities with patients under their care. (e) Physical therapists and physical therapist assistants shall not use or participate in the use of any form of communication containing false, fraudulent, misleading, deceptive, unfair or sensational statement or claim, nor use bribery in any form, nor use false advertising, nor misrepresentation of services or self, nor engage in other unprofessional conduct,including, but not limited to, 1. Inaccurately recorded, falsified, or altered patient records; 2. Falsely representing or misrepresenting facts on an application for employment; 3. Impersonating or acting as a proxy for an applicant in any examination for certification or registration; 4. Impersonating another certified or registered practitioner or permitting another to use his or her license for the purpose of practicing physical therapy or receiving compensation; 5. Providing false or incorrect information regarding the status of licensure. (f) Physical therapists and physical therapist assistants shall not exploit the patient or client for the financial gain of the licensee or a third party. (g) Physical therapists and physical therapist assistants must practice physical therapy with that level of care, skill, and treatment which is recognized by a reasonably prudent similar physical therapy practitioner as being acceptable under similar conditions and circumstances.
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Physical Therapist Responsibilities.
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(a) The physical therapist shall be professionally responsible for providing a referring practitioner, or a practitioner of record, with any information which will assist in the determination of an accurate medical diagnosis. (b) The physical therapist shall not implement any plan of care, that, in the physical therapist’s judgment, is contraindicated. If the plan of care was requested by a referring practitioner, the physical therapist shall immediately notify the referring practitioner that he is not going to follow the request and the reasons for such refusal. (c) The physical therapist shall not delegate any function or task which requires the skill, knowledge, and judgment of the physical therapist. (d) The physical therapist shall assume the responsibility for assessing the patient, identifying the level of acuity of illness, planning the patient’s treatment program, and implementing and directing the program. (e) The physical therapist shall hold primary responsibility for physical therapy care rendered under his direction and shall be available for consultation at all times. (f) The physical therapist’s professional responsibilities include, but are not limited to: 1. Interpretation of the practitioner’s referral. 2. Provision of the initial physical therapy assessment of the patient. 3. Identification of and documentation of precautions, special problems, contraindications. 4. Development of a treatment plan including the long and short term goals. 5. Implementation of or directing implementation of the treatment plan. 6. Delegation of appropriate tasks. 7. Direction and supervision of supportive staff in a manner appropriate for the patient’s individual needs. 8. Reassessment of the patient in reference to goals and, when necessary, modification of the treatment plan. 9. Collaboration with members of the health care team when appropriate. (g) Physical therapists, when participating in student and/or trainee programs shall assure that the programs are approved or pending approval by the appropriate accrediting agency recognized by the Council on Postsecondary Accreditation (formerly the National Commission on Accreditation and the Federation of Regional Accrediting Commissions of Higher Education) or the United States Department of Education and provide on-site supervision when students are performing patient care activities. (h) Physical therapists shall keep written medical records justifying the course of treatment of the patient, including, but not limited to, initial physical therapy assessment, plan of treatment, treatment notes, progress notes, examination results, test results, and discharge summary.
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The Physical Therapist Assistant Responsibilities.
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a) The physical therapist assistant shall not initiate or change treatment without the prior assessment and approval of the physical therapist. (b) During the delivery of physical therapy care to a patient who is an inpatient in a hospital, or who is in the acute phase of injury or illness, the physical therapist assistant shall not provide services to patient, unless the physical therapist is readily and physically available to provide consultation. (c) The physical therapist assistant shall not carry out treatment procedures detrimental to the patient or for which the assistant is not qualified. (d) The physical therapist assistant shall report all untoward patient responses or change in medical status to the physical therapist. (e) The physical therapist assistant shall refer inquiries regarding patient prognosis to the physical therapist. (f) The physical therapist assistant shall discontinue immediately any treatment procedures which in the assistant’sjudgment appear to be harmful to the patient and shall report them to the physical therapist.
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Physical Therapist Assistant Responsibilities and Supervisory Relationships.
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(a) Regardless of the setting, physical therapists and physical therapist assistants shall abide by all Federal and State Laws and regulations related to the particular site of practice. (b) During an acute phase of injury or illness, or while the patient is an inpatient in a hospital, the physical therapist shall be readily and physically available for consultation to the physical therapist assistant. (c) Delivery of Care: 1. During the delivery of physical therapy care by the physical therapist assistant to patients who are not inpatients in a hospital, or who are not in the acute phase of injury or illness, the physical therapist shall be accessible at all times by telecommunication and shall be within the same geographic location as the assistant. 2. The physical therapist should be readily available to the physical therapist assistant with emphasis placed on directing the assistant through frequent reporting, both verbal and written and frequent observations of the care rendered to the patient. (d) The physical therapist shall not delegate portions of the skilled physical therapy functions or tasks to any lesser trained health personnel than the physical therapist assistant.
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The school setting
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The physical therapist shall keep abreast of special knowledge and skills implicit in school settings and shall practice in accordance with the previous stated standards.
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Pre-1973 Physical Therapy “Aide.”
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No person licensed pursuant to Chapter 486, Florida Statutes, shall delegate any acts that are the subject of licensure pursuant to Chapter 486, Florida Statutes, except to a unless the person who is licensed pursuant to that chapter, or unless the person was performing, prior to the 1973 amendments to that chapter, “duties” which are now acts subject to licensure. Furthermore, any unlicensed person currently being delegated and performing acts which are subject to licensure, by reason of having performed them prior to 1973, shall comply with Rule 64B17-6.001, F.A.C., except that, in all practice settings, such person shall perform such acts only under the direct supervision of the physical therapist.
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Unlicensed Supportive Personnel
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may be utilized to help in the treatment being provided by a licensed physical therapist or licensed physical therapist assistant. Such personnel shall perform such acts only under the direct supervision of a physical therapist or physical therapist assistant.
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Minimum Qualification to Perform Electromyography.
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(1) Before a physical therapist may perform electromyography as an aid to the diagnosis of any human condition, he must be trained and competent in: (a) Inserting and adjusting electrodes. (b) Reading and identifying normal and abnormal signals on the grid. (c) Interpreting the audible signals. (2) In addition to the requirements of subsection (1) a physical therapist must receive no less than the following formal education within an accredited post-secondary educational institution: (a) Human dissection. (b) Human physiology. (c) Neurology. (d) Neuro-anatomy and neuro-physiology offered at a graduate level. (e) Pathological conditions. (3) In addition to having completed the formal study requirements of subsection (2) outlined above, the physical therapist must have completed 200 hours of testing human subjects under the direct supervision of a licensed physician or licensed physical therapist who has previously met these qualifications and should be able to present evidence of having performed 100 tests on neurologically involved patients, with findings corroborated by a licensed physician or licensed physical therapist who has previously met these qualifications.
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General Supervision of Physical Therapist Assistants; Eligibility; Requirements.
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nA physical therapist assistant employed by a board certified orthopedic physician or physiatrist, or a chiropractic physician certified in physiotherapy, shall be under the general supervision of a physical therapist. A physical therapist assistant employed by any physician other than a board certified orthopedic physician or physiatrist or a chiropractic physician certified in physiotherapy shall be under the onsite supervision of a physical therapist. In order to insure adequate supervision of the physical therapist assistant by the supervising physical therapist where general supervision is permitted, there shall be an agreement between the board certified orthopedic physician or physiatrist or chiropractic physician and the supervising physical therapist, which includes at least the minimum standards of physical therapy practice contained in Rule 64B17- 6.001, F.A.C. The physical therapist assistant shall report all untoward patient responses, inquiries regarding patient prognosis, or the discontinuation of any treatment procedure, to the physical therapist and the board certified orthopedic physician or physiatrist or chiropractic physician certified in physiotherapy.
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Address of Licensee.
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Each person holding a license issued pursuant to Chapter 486, Florida Statutes, must maintain on file with the Board of Physical Therapy Practice the current address at which any notice required by law may be served by the Board or its agent. Within sixty days of changing this address, whether or not within this state, the licensee shall notify the Board office in writing of the new address.
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Medical Records of Deceased Physical Therapists or Physical Therapist Assistants
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1) Each physical therapist or physical therapist assistant engaged in practice, who maintains the responsibility for client/ patient medical records, shall ensure that the executor, administrator, personal representative or survivor of such physical therapist or physical therapist assistant shall arrange to maintain those medical records in existence upon the death of the physical therapist or physical therapist assistant for a period of at least two (2) years from the date of the death of the physical therapist or physical therapist assistant. (2) Within one (1) month from the date of death of the physical therapist or physical therapist assistant, the executor, administrator, personal representative or survivor shall cause to be published in the newspaper of greatest general circulation in the county where the physical therapist or physical therapist assistant practiced, a notice indicating to the clients/patients of the deceased physical therapist or physical therapist assistant that the licensee’s medical records are available to the clients/patients or their duly constituted representative from a specific person at a certain location. (3) At the conclusion of a 22-month period of time from the date of death of the physical therapist or physical therapist assistant or thereafter, the executor, administrator, personal representative or survivor shall cause to be published once during each week for four (4) consecutive weeks, in the newspaper of greatest general circulation in the county where the physical therapist or physical therapist assistant practiced, a notice indicating to the clients/patients of the deceased licensee that client/patient records will be disposed of or destroyed one (1) month or later from the last day of the fourth week of publication of notice. (4) Any records shall be disposed of in a manner that would secure the permanent confidentiality of records.
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Medical Records of Physical Therapists or Physical Therapist Assistants Relocating or Terminating Practice.
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(1) The Board of Physical Therapy Practice and the Legislature recognize the need for maintenance and retention of medical records in order to protect and serve clients/patients. For that reason, the Legislature has directed the Board of Physical Therapy Practice to promulgate rules setting standards that will provide a minimum requirement for retention and disposition of client/ patient records of licensees relocating and terminating practice. However, the Board of Physical Therapy Practice is concerned that the promulgation of these rules may mislead the licensees. Subsection (2) of this rule sets forth standards which, if not met, will constitute a violation of Sections 456.058 and 486.125, Florida Statutes, and will subject the licensees to disciplinary proceedings. Licensees should retain medical records as long as needed not only to serve and protect clients/patients, but also to protect themselves against adverse actions. The times specified in subsection (2) below may well be less than the length of time necessary for protecting the licensees. Furthermore, the times stated may fall below the community standards for retention in specific communities and practice settings and for specific client/patient needs. For these purposes, licensees may wish to seek advice from private legal counsel or their insurance carrier. (2) Each physical therapist or physical therapist assistant engaged in practice, who maintains the responsibility for client/ patient medical records, shall, when terminating or relocating the practice, notify each client/patient of such termination or relocation. Such notification shall consist of at least causing to be published, in the newspaper of greatest general circulation in each county in which the licensee practices or practiced, a notice which shall contain the date of termination or relocation and an address at which medical records may be obtained. Such notice shall be published no less than 4 times over a period of at least 4 weeks. In addition, the licensee shall place in a conspicuous location in or on the facade of the licensee’s office, a sign, announcing the termination or relocation of the practice. The sign shall be placed at least thirty (30) days prior to the termination or relocation and shall remain until the date of termination or relocation. Both the notice and the sign shall advise the clients/patients of their opportunity to transfer or receive their medical records. Furthermore, each such licensee shall see that client/patient records are maintained and may be obtained by the client/patient for a minimum of 2 years after the termination or relocation of practice. (3) Any records shall be disposed of in a manner that would secure the permanent confidentiality of records.
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Costs of Duplicating Medical Records.
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(1) Any person licensed pursuant to Chapter 486, Florida Statutes, required to release copies of patient medical records may condition such release upon payment by the requesting party of the reasonable costs of reproducing the records. (2) Reasonable costs of reproducing copies of written or typed documents or reports shall not be more than the following: (a) For the first 25 pages, the cost shall be $1.00 per page. (b) For each page in excess of 25 pages, the cost shall be $.25 per page. (3) Reasonable costs of reproducing x-rays and such other kinds of records shall be the actual costs. “Actual costs” means the cost of the material and supplies used to duplicate the record and the labor and overhead costs associated with the duplication.
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Delegation to Unlicensed Personnel by the Physical Therapist.
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(1) Unlicensed personnel may be utilized to assist in the delivery of patient care treatment by the physical therapist, with direct supervision by the physical therapist or the physical therapist assistant. (2) It is the sole responsibility of the physical therapist to consider the task delegated, select the appropriately trained personnel to perform the task, communicate the task or activity desired of the unlicensed personnel, verify the understanding by the unlicensed personnel chosen for the task or activity, and establish procedures for the monitoring of the tasks or activities delegated. (3) The physical therapist shall retain ultimate responsibility for the patient’s physical therapy treatment. Any delegation of treatment to supportive personnel shall be done with consideration of the education, training, and experience of the support personnel. It is the sole responsibility of the physical therapist to define and delineate the education, training, and experience required to perform duties within the physical therapy practice setting, in writing as a part of the practice policies and procedures. (a) Education entails a technical or professional degree or certification in a specific practice area providing for background and experience. (b) Qualification by training is the learning of tasks performed and delegated to individuals within the physical therapy practice. 1. The physical therapist shall define the procedures to be used to train unlicensed personnel to perform patient care related tasks or activities within the practice. 2. It is the responsibility of the physical therapist to insure that the necessary training occurred prior to the delegation of a patient care task or activity to unlicensed personnel. (4) Competency is demonstrated ability to carry out specific functions with reasonable skill and safety. It is the responsibility of the physical therapist to assure competency in delegated skills relative to the tasks delegated. (5) The physical therapist is responsible for the evaluation and reevaluation of the patient’s condition as may be necessary throughout the course of treatment to assure for appropriate treatment and any necessary revision of treatment. (6) The physical therapist shall not delegate: (a) Those activities that require the special knowledge, judgment, and skills of the physical therapist, which include: 1. The initial evaluation or any subsequent reevaluation of the patient. 2. Interpretations of the initial evaluation or subsequent reevaluation. 3. Establishment or revision of the physical therapy goals. 4. Development or alteration of the plan of care. 5. Evaluation and interpretation of the progress of the patient in relationship to the plan of care. (b) Those activities that require the special knowledge, judgment, and skills of the physical therapist assistant, which include: 1. Subsequent reassessments of the patient. 2. Assessment of the progress of the patient in relationship to the plan of care. (c) Patient progress notes. The unlicensed personnel may document tasks and activities of patients during the patient treatment. (7) Supervision of unlicensed personnel is the provision of guidance or oversight by qualified physical therapists or physical therapist assistants for the accomplishment of any delegated tasks. A physical therapist may only delegate tasks for which he is qualified or legally entitled to perform and a physical therapist or physical therapist assistant may only supervise those tasks or activities for which the licensee is qualified or legally entitled to perform. (8) The number of unlicensed personnel participating in patient care tasks or activities, at any one given time shall be determined by the physical therapist dependent upon the individual practice setting, and the individual therapeutic needs of the patients supervised by the physical therapist or physical therapist assistant while assuring for quality care of the patients.
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Legislative intent
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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.
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Continuing education
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1) The board shall require licensees to periodically 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 be responsible for maintaining sufficient records in a format as determined by rule which shall be subject to a random audit by the department to assure compliance with this section. (5) The board may adopt rules within the requirements of this section that are necessary for its implementation
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Physical therapist; renewal of license; inactive status; reactivation of license; fees
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(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; or2. Makes application for and passes the examination as provided by s. 486.051 and pays the fee therefor as provided in
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486.108 Physical therapist assistant; renewal of license; inactive status; reactivation of license; fees.
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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.
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64B17-5.001 Requirements for Reactivation of an Inactive or Retired License.
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Depending upon the time of reactivation, an inactive or retired license shall be reactivated upon demonstration that the licensee has paid the reactivation fee, the biennial renewal fee for an active license or the difference between the inactive or retired status renewal fee and the active status renewal fee, and if applicable, a change of status and/or delinquency fee, provided that the licensee has: (1) Documented completion of 10 hours of continuing education of formal approved study pertinent to practice for each year the license was inactive. No more than 6 hours of continuing education may be home study per year of inactive status. (2) Documented completion of the required medical errors prevention courses as prescribed in Rule 64B17-8.002, F.A.C., for each biennium after the effective date of the statutory requirement while the license was inactive. (3) Documented completion of 2 hours of continuing education specifically related to Physical Therapy laws and rules within one year prior to reactivation. (4) Documented proof of completion of 24 hours of approved continuing education as provided in Rule 64B17-9.001, F.A.C., including medical errors prevention for the preceding biennium during which the licensee held an active license.
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64B17-2.005 Biennial Renewal and Inactive Status; Delinquency; Reactivation; and Change of Status Fees.
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(1) The biennial renewal fee for an active license is $75. (2) The biennial renewal fee for an inactive license is $50. Inactive status automatically revokes the privilege to practice in Florida. (3) The retired status fee for a retired status license is $50. Retired license status automatically revokes the privilege to practice in Florida. (4) A license which is not renewed at the end of the biennium as prescribed by the Department shall automatically revert to delinquent status. Delinquent status automatically revokes the privilege to practice in Florida. The delinquency fee is $55. (5) The unlicensed activity fee is $5.00. This fee is in addition to the active or inactive licensure renewal fee. (6) The fee for reactivation is $50. (7) The change of status fee is $40. (8) Failure by a delinquent licensee to become active or inactive before the expiration of the current licensure cycle renders the license null without further action by the board or the Department. Any subsequent licensure shall be as a result of applying for and meeting all requirements at the time of application.
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Practitioners in default on student loan or scholarship obligations; investigation; report
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The Department of Health shall obtain from the United States Department of Health and Human Services information necessary to investigate and prosecute health care practitioners for failing to repay a student loan or comply with scholarship service obligations pursuant to s. 456.072(1)(k). The department shall obtain from the United States Department of Health and Human Services a list of default health care practitioners each month, along with the information necessary to investigate a complaint in accordance with s. 456.073. The department may obtain evidence to support the investigation and prosecution from any financial institution or educational institution involved in providing the loan or education to the practitioner. The department shall report to the Legislature as part of the annual report required by s. 456.026, the number of practitioners in default, along with the results of the department’s investigations and prosecutions, and the amount of fines collected from practitioners prosecuted for violating s. 456.072(1)(k).
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Practitioner disclosure of confidential information; immunity from civil or criminal liability
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(1) A practitioner regulated through the Division of Medical Quality Assurance of the department shall not be civilly or criminally liable for the disclosure of otherwise confidential information to a sexual partner or a needle-sharing partner under the following circumstances: (a) If a patient of the practitioner who has tested positive for human immunodeficiency virus discloses to the practitioner the identity of a sexual partner or a needle-sharing partner; (b) The practitioner recommends the patient notify the sexual partner or the needle-sharing partner of the positive test and refrain from engaging in sexual or drug activity in a manner likely to transmit the virus and the patient refuses, and the practitioner informs the patient of his or her intent to inform the sexual partner or needle-sharing partner; and (c) If pursuant to a perceived civil duty or the ethical guidelines of the profession, the practitioner reasonably and in good faith advises the sexual partner or the needle-sharing partner of the patient of the positive test and facts concerning the transmission of the virus. However, any notification of a sexual partner or a needle-sharing partner pursuant to this section shall be done in accordance with protocols developed pursuant to rule of the Department of Health. (2) Notwithstanding the foregoing, a practitioner regulated through the Division of Medical Quality Assurance of the department shall not be civilly or criminally liable for failure to disclose information relating to a positive test result for human immunodeficiency virus of a patient to a sexual partner or a needle-sharing partner.
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Treatment programs for impaired practitioners
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1. The licensee has acknowledged the impairment problem. 2. The licensee has voluntarily enrolled in an appropriate, approved treatment program. 3. The licensee has voluntarily withdrawn from practice or limited the scope of practice as required by the consultant, in each case, until such time as the panel, or the department when there is no board, is satisfied the licensee has successfully completed an approved treatment program. 4. The licensee has executed releases for medical records, authorizing the release of all records of evaluations, diagnoses, and treatment of the licensee, including records of treatment for emotional or mental conditions, to the consultant. The consultant shall make no copies or reports of records that do not regard the issue of the licensee’s impairment and his or her participation in a treatment program.
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486.125 Refusal, revocation, or suspension of license; administrative fines and other disciplinary measures.
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1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2): (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 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 shall not be named or identified by initials in any public court records or documents, and the proceedings shall be closed to the public. The department shall be entitled to the summary procedure provided in s. 51.011. 2. A physical therapist or 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 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 shall be considered a conviction for 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. Nothing in this chapter shall 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) 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) of this section or who is found guilty of violating any provision of s. 456.072(1). (3) The board shall not reinstate the license of a physical therapist or physical therapist assistant or cause 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.
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486.123 Sexual misconduct in the practice of physical therapy
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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. History.—s. 184, ch. 97-264.
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486.151 Prohibited acts; penalty
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(1) It is unlawful for any person to: (a) Practice physical therapy or attempt to practice physical therapy without an active license. (b) Use or attempt to use a license to practice physical therapy which is suspended or revoked. (c) Obtain or attempt to obtain a license 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 (e) (f) (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.
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486.153 Injunctive relief
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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.
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456.52 Disclosure of financial interest by production.
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1) A health care provider shall not refer a patient to an entity in which such provider is an investor unless, prior to the referral, the provider furnishes the patient with a written disclosure form, informing the patient of: (a) The existence of the investment interest. (b) The name and address of each applicable entity in which the referring health care provider is an investor. (c) The patient’s right to obtain the items or services for which the patient has been referred at the location or from the provider or supplier of the patient’s choice, including the entity in which the referring provider is an investor. (d) The names and addresses of at least two alternative sources of such items or services available to the patient. (2) The physician or health care provider shall post a copy of the disclosure forms in a conspicuous public place in his or her office. (3) A violation of this section shall constitute a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. In addition to any other penalties or remedies provided, a violation of this section shall be grounds for disciplinary action by the respective board.
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456.54 Kickbacks prohibited
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(1) As used in this section, the term “kickback” means a remuneration or payment, by or on behalf of a provider of health care services or items, to any person as an incentive or inducement to refer patients for past or future services or items, when the payment is not tax deductible as an ordinary and necessary expense. (2) It is unlawful for any health care provider or any provider of health care services to offer, pay, solicit, or receive a kickback, directly or indirectly, overtly or covertly, in cash or in kind, for referring or soliciting patients. (3) Violations of this section shall be considered patient brokering and shall be punishable as provided in
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456.53Financial arrangements between referring health care providers and providers of health care services.—
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(1) SHORT TITLE.—This section may be cited as the “Patient Self-Referral Act of 1992.” (2) LEGISLATIVE INTENT.—It is recognized by the Legislature that the referral of a patient by a health care provider to a provider of health care services in which the referring health care provider has an investment interest represents a potential conflict of interest. The Legislature finds these referral practices may limit or eliminate competitive alternatives in the health care services market, may result in overutilization of health care services, may increase costs to the health care system, and may adversely affect the quality of health care. The Legislature also recognizes, however, that it may be appropriate for providers to own entities providing health care services, and to refer patients to such entities, as long as certain safeguards are present in the arrangement. It is the intent of the Legislature to provide guidance to health care providers regarding prohibited patient referrals between health care providers and entities providing health care services and to protect the people of Florida from unnecessary and costly health care expenditures.
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456.65 Unlicensed practice of a health care profession; intent; cease and desist notice; penalties; enforcement; citations; fees; allocation and disposition of moneys collected
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1) It is the intent of the Legislature that vigorous enforcement of licensure regulation for all health care professions is a state priority in order to protect Florida residents and visitors from the potentially serious and dangerous consequences of receiving medical and health care services from unlicensed persons whose professional education and training and other relevant qualifications have not been approved through the issuance of a license by the appropriate regulatory board or the department when there is no board. The unlicensed practice of a health care profession or the performance or delivery of medical or health care services to patients in this state without a valid, active license to practice that profession, regardless of the means of the performance or delivery of such services, is strictly prohibited.