PT Jurisprudence Exam for California- study guide #1 – Flashcards

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PTBC General information- Location of the Board
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Sacramento
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PT practice act is under which organization
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PTBC
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Role of the PTBC
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- Protection of the public is the highest priority. - Whenever the protection of the public is inconsistent with other interests sought to be promoted, it is the protection of the public that shall be paramount
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With respect to a physical therapy corporation, the governmental agency referred to in which act, is the Physical Therapy Board of California (remember the order of those words)
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Moscone-Knox Professional Corporation Act
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Board Member requirements- Who is on the board?
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- 1 PT involved in the education of physical therapists - 3 licensed PTs with at least 5 years experience - 3 public members who cannot be licentiates of the PTBC board or ANY other board under the Medical Board of California or be a close family member with someone on the board.
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How many years can a person serve on the board
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No more than 2 consecutive terms - 1 Term= 4 years so 8 years max
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The board shall hold at least one regular meeting annually in which cities?
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Sacramento Los Angeles San Francisco
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What is the rule about Direct Access?
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A PT may evaluate without a referral or a diagnosis, but may not initiate treatment without a diagnosis. A referral is not required.
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How long shall a patient's record be held?
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No less than 7 Years after discharge
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What is the exception of the 7 year record hold?
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Unemancipated minors shall be maintained at least one year after the minor has reached the age of 18 years, and not in any case less than 7 years.
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How is a PT able to legally write their name as "Dr."
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As long as there is an unnabreviated "Doctor of Physical Therapy" following their name.
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How is a PT able to legally be spoken as a "Dr."
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(while engaged in the practice of PT) use the title "doctor" preceding the person's name, if the speaker specifies that he/she is a physical therapist
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How long before citations are wiped from record?
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5 years (if multiple citations occur within 5 year window, all citations remain until most recent citation has been present for 5 years.)
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How much is an administrative fine? What is it based on?
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-typically no less than $100, no more than $2,500 -good/bad faith of cited ​person, nature/severity of violation, history of similar violations, intent of cooperation ​with board, attempt of cited to mitigate damage from violation
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How much can a fine increase to, and for what reason?
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$5,000 if the act involves present/immediate threat to health and safety of another person, multiple violations or willful disregard of the law, violations perpetrated against ​a senior citizen or disabled person, history of 2 or more prior citations for the same or ​​similar violations.
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Who can be shareholders?
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Each Shareholder, director and officer of a physical therapy corporation, (except an assistant secratary and an assistant treasure) MUST be a licensed PT.
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Shares of capital stock in a professional corporation may only be issued to
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A licensed PT
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When one shareholder in a professional corporation of 2+ shareholders dies or becomes a disqualified person for a period exceeding 90 days, his/her shares shall be
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sold and trasferred to the corporation it's shareholders or other eligible licensed persons on such terms are agreed upon. Must happen within 6 months after death, 90 days after person labled disqualified.
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PTA- - A PT shall not supervise more than how many PTA's as a general rule. - In all cases is this true? - In no case shall the total of PTA's exceed how many times the number of PT's at one time?
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- 2 - The PTBC may approve for greater number of PTA's per PT if they feel there would be adequate supervision and the public's health and safety would be served. - In NO CASE shall the total number of PTA's exceed twice the number of PT's regularly employed by a facility at one time.
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Any person who holds him/herself as a PTA without appropriate licensing by the PTBC is gulity of a ...
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misdemeanor
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A PTA shall NOT: 1- 2- 3- 4- 5- 6- 7-
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1- perform measurement, data collection or care prior to the evaluation of a patient by a PT 2- document patient evaluation/reevaluation 3-write a discharge summary 4- establish or change a plan of care 5- write progress reports to another health care professional 6- Be the sole PT representative in any meeting with other health care professionals 7-supervise a PT aide performing patient-related tasks 8- provide treatment if the PTA holds a managment position in the office where the care is being provided
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When PTA is a PTA-LA must have a conference with the supervising PT, how often?
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weekly conference
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PT Aide- Non- Patient related tasks
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A task related t: -observation of the patient, -transport of patients, -physical support only during gait or transfer, -housekeeping duties, -clerical duties and similar functions
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Patient related tasks
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a physical therapy service rendered directly to the patient by an aide
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Prior to initiation of care, and care given by a PT aide, the PT shall
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evaluate every patient prior to the performance of any patient related tasks by the aide
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What is the interaction between PT and Aide?
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-Shall provide continuous and immediate supervision of the aide. -Shall be in the same facility as the aide -Shall be in immediate proximity to the location where the aide is performing patient related tasks.
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During patient related tasks what does the PT need to do?
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at some point during the treatment day provide direct service to the patient as treatment for the patient's condition or to further evaluate and monitor the patient's progress.
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Student PT- In order to have a student, what needs to take place?
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CCCE and CI must be an APTA certified clinical instructor (as of Jan, 1 2010)
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What is the difference between at PT student and a PT Intern?
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"PT student": not done with coursework, and on affiliation. "PT intern": completed academic coursework and on affiliation
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Student/Intern will document all treatment completed by student/intern and supervising CI will countersign with:
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his/her first initial and last name on all entries in the patient's record on the SAME DAY as patient related tasks were provided
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PT Intern's must finish with at least how many weeks of clinical experience to qualify for the board exam
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18 total weeks of full-time clinical experience
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PTA students must be supervised by a:
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PT PTA may act as CI as long as supervision of a PT is present. PT must still countersign notes on SAME DAY as patient related tasks were performed.
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Continuing Education Hours- "Hour" is the unit of measurement - means at least how many minutes of instruction?
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50 minutes of instruction
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CEU= continuing education unit. 1 CEU = how many hours?
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10 hours
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How many hours required in 2 years?
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30 (3 CEUs)
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For FIRST TIME licence renewals the hour requirements shall be:
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one-half (15 hours) of the normal cycle. (must submit prior to expiration of license for this to apply)
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The 30 hours must include:
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2 hours in ethics/laws/regs or some combination 4 hours in life support for healthcare providers.
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Life support classes must be comparable of better than:
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American Health Association's BLS course for healthcare providers.
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-Each licensee shall keep and maintain -records for a period of how many years? And include:
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-5 years of continuing education -the title of the course/activity, the date taken or completed, the record of participation
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Each approved continuing education provider must retain documentation of course content and attendees for
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7 years after completion of course.
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To apply for an exemption, licensee must be able to demonstrate: 1- 2- 3-
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(1) evidence that during the renewal period prior to expiration the licensee was residing in another country for a year or longer (2) evidence that licensee was absent from California because of military service for a period of one year or longer (3) reasons of health including: total physical and or mental disability for 1 year or more and inablity to work as verified by a physician or psychologist, total physical/mental disability of an immediate family member for who the licensee had total responsibility as verified by a physician/psychologist
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An exemption cannot be granted for two consecutive renewal periods, in the event the licensee is not able to meet con-ed requirements they may only renew their license as what?
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as inactive status.
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Any license for the practice of PT shall expire at:
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midnight on the last day of the birth month, of the licensee, during the second year of a two-year term if not renewed.
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In order to renew:
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-apply for renewal on a board approved form, -pay the renewal fee, -submit proof of the completion of continuing education or competency required by the board.
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the board shall notify each licensee at the latest address furnished by the licensee, their license is going to expire, how many days prior?
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At least 60 days before the expiration of any license
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A license or approval that has expired may be renewed within how many years? upon what? what if this is failed?
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5 years upon payment of all accrued and unpaid renewal fees and satisfaction of continuing education. A person who fails to renew within 5 years after its expiration may not renew, reissue or reinstate thereafter, but may apply for and obtain a NEW license.
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Unprofessional Conduct- Taking more than how many days to provide the board with requested certified copies of documents (illness or travel can be reasonable exceptions to the rule)
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15 days
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• Unprofessional Conduct Failure to report to the board within 30 days any of the following:
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an idictment or felony charged against the licensee, the arrest of the licensee, the conviction of the licensee of any verdict of gulity or pleas of gulity or no contest of any felony or misdemeanor
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• Unprofessional Conduct ANY violations of the previous conduct can be charged with a:
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misdemeanor and punishable by a fine not exceeding $1000 or imprisonment in county jail not exceeding 6 months or both.
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Diversion Program
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PTBC program for drugs and alcohol addiction (Must be voluntary entrance by participant, and participant pays fees).
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CA approved credentialing agencies include:
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(1) Foreign Credentialing Comission on Physical Therapy (2) International Credentialing Associates (3) International Consultants of Deleware (4) International Education Research Foundation
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Topical Medications a. May be administered by a PT through:
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Direct application, Iontophoresis, or Phonophoresis
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All Topical medications applied shall be ordered on a specific basis by
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a practitioner legally authorized to order or prescribe such medications.
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Written protocols shall be prepared for the adminstration of each of the groups of medications for which a prescription is required to include:
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description of the medication, its actions, its indications/contraindications, and proper procedure/technique for application
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PT approved topical medications:
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Bacteriocidal agents, debriding agents, topical anesthetic agents, anti- inflammatory agents, antispasmodic agents, adrenocortico-steroids
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Electroneuromyography:
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means the performance of tissue penetration for the purpose of evaluating neuromuscular performance, and includes the evaluation of specific abnormal potentials and evoked responses.
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For certification of Electroneuromyography
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must complete no less than 400 clock hours of progressive level of training under a PT or licensed physican authorized to perform electroneuromyography AND documentation of completion of 200 electroneuromyographic examinations
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Kinesiological Electromyography:
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means the study, including tissue penetration of the phasic activity of individual or multiple muscles in relation to another physical or physiological event or exercise and does NOT include the evaluation of specfic abnormal potentials or evoked responses.
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For certification of K. EMG
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must complete no less than 200 clock hours of progressive level training under a PT or licensed physican authorized to perform kinesiological electromyography AND documentation of completion of 50 kinesiological electromyographical examinations.
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All certificates to perform EMG shall be renewed with each PT's license and PT's will pass an initial examination for certification process. Exam/reexamination fee is: application fee is: biennial renewal fee:
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$500 $100 $50
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All offices that practice EMG must give the patient a hand-out and have a posted sign reading:
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The findings in this report do not represent diagnostic interpretations or medical diagnoses. The results of electromyographic examination by the certified examiner are intended for integration by the physican and surgeon with the patient's history, clinical examination, and the results of any other tests performed in establishing a medical diagnosis.
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Felony or Misdemeanor- -Cheating/Exposing/Subverting any portion of licensing exam: -fines up to:
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Misdemeanor $10,000 and the costs of litigation
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Felony or Misdemeanor- Sell, barter or offer to sell a license with the intent for it to be used fraudulently
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Felony
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Felony or Misdemeanor- Purchase a license with the intent to use fraudulently
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Felony
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Felony or Misdemeanor- Referring clients to any person with the deal of a rebate, refund, commission, preference, patronage divident, discount or other compensation for your referalls I. Exception: The licensee may refer against the rules above IF there is no alternative provider of the service within either 25 miles or 40 mintues traveling time via the shortest route on a paved road.
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Misdemeanor
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Felony or Misdemeanor- Make in a writing a false statement in application for licensure
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Felony
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Felony or Misdemeanor- False Advertising
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Misdemeanor
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Felony or Misdemeanor- Failing to perform duty as mandated reporter
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Misdemeanor
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Felony or Misdemeanor- Publishing/offering/advertising services to assist with producing of facilitating an abortion
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Felony
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Felony or Misdemeanor- Evidence of repeated acts of clearly excessive treatment
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Misdemeanor
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Felony or Misdemeanor- Acting/Referring or Calling personel a PTA without appropriate credentialing.
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Misdemeanor
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Fraud
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Felony
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not reporting abuse or injury caused by firearm
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misdemeanor
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nyone in commercial practice has to put up a
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a "notice: state law allows anyone to provide nutritional advice". must be at least 8 1/2 inch by 11 inch with letters no smaller than 1/2 inch. word NOTICE can't be less than 1 inch
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Advertising by a Licensed PT MAY include:
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(1) Name of the practitioner (2) addresses and telephone numbers of the offices maintained by the practitioners (3) Statement of languages other than English fluently spoken in office by personel/PT (4) Statement of office hours regularly maintained by the practitioner (5) a statement that the practitioner is certified by a private or public board or agency or statement that the practitioner limts his/her practice to specific fields
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False advertising examples:
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(1) using a model or before/after pictures without stating in a prominent location that image is a model and what specifc procedures were preformed during before/after timeframe. (2) Fees: price advertisement shall be exact without the phrases of "as low as" "and up" "lowest prices" etc.. (3) makes a claim of professional superiority without substatiating claim with objective scientific evidence. (4) Make a scientific claim that cannot be substatiated by reliable, peer reviewed, pulished scientific studies. (5) Give anything of value to a member of the press in return for positive professional publicity unless the compensation is made publicly known.
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PT's are mandated reporters in the state of California for :
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self harm, elder abuse, child abuse spousal abuse.
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Mandated reporter- Licensed PTs MUST make an initial report how and by when? Then what?
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-by telephone to the agency when immediately or as soon as practically possible -fax,send/transmit a written follow-up report within 36 hours of receiving the information concerning the event.
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When two or more persons, who are required to report, jointly have knowledge of a known or suspected instance of child abuse or neglect, and when there is agreement among them, the telephone report may
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be made by a member of the team selected by mutual agreement and a single report may be made and signed by the selected member of the reporting team. Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report.
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Change of address/residence: Must report new address to the board within
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30 days (citation +fine is penalty)
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Change of name: Must report to the board within
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30 days (citation+fine is penalty)
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Name tag's of all personel performing patient-related tasks must have at least size
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18-point font.
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An application for licensure shall be deemed denied when
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an applicant fails to pass the examination within one year from the date of the original notice to appear for the examination.
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The board has ____ days from submission of application for licensure and graduation from an approved PT education program to infrom applicant if application is complete or deficient and what specific information is required. The board has ____ total days after completion of the application to report descision for approving applicant to sit for the examination
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30 days 60 days
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State law allows any person to provide nutritional advice which includes:
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giving advice as to the role of food and food ingredients, including dietary supplements.
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The state law DOES NOT allow any licensed health care practitioner to state that any nutritional product might
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cure any disease, disorder or condition.
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"PT of record" -
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PT that completed Initial Evaluation. (Unless reassignemnt to another PT occurs in which case a written transfer to succeeding therapist exists)
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If you are charged as a registered sex offender your license will
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be immediately revoked without potential for reissue.
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Earliest date an applicant can reapply for a license, after being revoked due to conviction of a felony, shall be how long from the effective date of the decision.
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one year
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PT license application Fee:
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$200 not to exceed $300
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Fee for PT license fee:
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$100 not to exceed $150
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Fee to renew license:
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$200 not to exceed $300
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PTA license application fee:
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$200 not to exceed $300
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Fee for PTA license:
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$125
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Fee to renew license:
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$200 not to exceed $300.
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Delinquency fee for late renewal shall be: Duplicate wall certificate shall be:
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50% of the renewal fee $50
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PT can treat for without referral, for how long? After that time is up, a physician must sign and date the PT's POC for further treatment. Approval of PT's POC shall include an in-person patient examination and if necessary, testing.
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45 days or 12 visits, whichever comes first
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When providing direct access the PT must first provide/obtain:
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oral and written consent, 14-point font, and signed by the patient.
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How many days can you be a PtLA for
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120 days (90 if test was passed)
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Can a client of a PT capable of giving free, informed consent to any sexual activity.
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A client of PT is presumed incapable
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do PTA notes need to be signed by a PT?
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No
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Which form is required to be posted in the treatment area or signed, dated and placed in the pt chart
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NTC- 12-01
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Peer-reviewed article:
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5 hrs/study, 16 cap.
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First time presentation for continuing ed:
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4 hrs/course, 16 cap.
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FSBPT expert:
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6 hrs/experience, 16 cap.
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Board task force:
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6 hrs/experience, 16 cap.
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CI for at least 4 weeks:
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1 hr/week, 12 cap. (CI must be APTA credentialed)
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-Attending conference:
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2 hrs/conference, 8 cap.
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-Passing CA Law exam:
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2 hrs/exam, 2 cap.
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certified list
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child support
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substantial relationship criteria-
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if you mess up bad enough to compromise public health, safety or welfare they deny, suspend or revoke your license
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if not keep cash transactions for employee wages up to 3 years and records available fined no more than $2500, and if don't pay...
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license will be revoked
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if referring people places for money it can be
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county jail for less than a year, state prison, fine no more than $50,000 or both imprisonment and fine. second conviction is imprisonment by state and/or $50,000 fine
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-if say board certified, but are not,
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$10,000 fine per event
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excessive prescribing or admistering of drugs fine between
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$100-600, or imprisonment from 60-180 days
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taking photos
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misdemeanor, no more 1000 no more than 6 months
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