PTA FLORIDA LAWS AND RULES – Flashcards

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When a patient has physically been examined by a physician licensed in another state, the patient has been diagnosed by the physician as having a condition for which physical therapy is required, and the physical therapist is the treating condition.
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A physical therapist does not require a practitioner of record to review and sign the plan if what?
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No
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Is the use of roentgen rays and radium for diagnostic and therapeutic purposes and the use of electricity for surgical purposes including cauterization included in "physical therapy"?
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No
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Does the practice of physical therapy authorize physical therapy practitioners to practice chiropractic medicine?
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$150
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The department shall renew a license upon receipt of the renewal application. The fee set by the board should not exceed?
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May not exceed 10 classroom hours
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How many hours of continuing education does a person need to have to re-activate a license for each year the license was inactive?
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-Has actively engaged in the practice of physical therapy in good standing in another state for the four years immediately preceding the filing of an application for reinstatement Or -makes application for and passes the examination and pays fees
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A license can be renewed if A person provides evidence satisfactory to the board that he or she has what?
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24 hours
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How many hours of continuing education are required each biennial to demonstrate professional competence?
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Those courses are sponsored by a college or university which provides curriculum for training physical therapist or physical therapist assistants which is accredited by, or has status within an crediting 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
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The board Shall approve continuing education classes only if what?
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Each licensee
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Who is required to maintain sufficient records to demonstrate compliance with continuing education classes?
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PROHIBITED!
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Using the physical therapist-patient relationship to induce or attempt to induce the patient to engage, or to engage or attempt to engage the patient, and sexual activity outside the scope of practice or the scope of generally accepted examination or the treatment of the patient is what?
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-being unable to practice physical therapy with reasonable scale 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 -having committed fraud in the practice of physical therapy or the seat in obtaining a license as a physical therapist or as a physical therapist assistant -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 -treating others by means other than physical therapy - failing to maintain acceptable standards of physical therapy practice as set forth by the board in rules adopted pursuant to this chapter -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 an earn commission, discount, or gratuity, but any person referring a patient or with any relative or business associate of referring the person. -having a license revoked or suspended; Having had other disciplinary action taken against him or her; or having had her or his application for a license refused, revoked, or suspended by the licensing authority of another state, territory, or country -making or filing a report of record which the licensee knows to be false -practicing are offering to practice beyond the scope permitted by law or excepting and performing professional responsibilities which a person knows they are not competent to perform such as spinal manipulation
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What following acts constitute grounds for denial of a license or disciplinary action?
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Misdemeanor of the first degree
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It is unlawful to practice/attempt to practice without an active license or temporary license, practice or attempt to practice with a suspended or revoked license, obtain license by fraudulent representation, use the title of PT/PTA in any form when not licensed, make false oath or affirmation whenever an oath or affirmation is required, and concealing information relating to this chapter is found guilty of what kind of offense?
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The department or any person in the name of the state
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Who can apply for injunctive relief in any court of competent jurisdiction to enjoin any person from committing any act in violation of this chapter
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-Biennial renewal fee - The unlicensed activity fee -The reactivation fee -change of status fee
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And in active or retired license shall be reactivated upon receipt by the board the following payments?
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-Payment of all applicable fees -documentation of compliance with all continuing education requirements including prevention a medical errors, for the biennium during which the license last held in active license; and, -documentation of completion of 10 hours of continuing education for each year the license was in active including two hours on the prevention of medical errors. No more than six hours of continuing education may be completed by homestudy per year up in active status. In addition, the applicant must document completion of two hours of continuing education specifically on Florida physical therapy laws and rules within the 12 months immediately preceding application for reactivation, -documentation that the applicant is licensed and in good standing in another state and has actively engage in the practice of physical therapy for four years immediately preceding application for reactivation (at least 400 hours per year); or -documentation of application for and successful passage of the national physical therapy examination, including payment of all associated fees
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What are the requirements for reactivation of an in active or retired license?
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A spouse of a member of the Armed Forces.
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Who is exempt from all licensure renewal provisions for any period of time which the licensee is absent from the state of Florida?
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6 months
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Notification to the board of the change in status is required within how many months of the licensee's return to the state of Florida or the spouses discharge from active duty?
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Acute care
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What is the 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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What is the offering of information aimed at the resolution of perceived problem?
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Direction
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What is the physical therapists authorization and empowerment of a PTA or unlicensed support personnel to carry out actions requiring licensure?
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Supervision of subordinate personnel performing directed actions, while the license supervisor is immediately physically available.
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What is direct supervision?
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On-site supervision
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What is another word for direct supervision?
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Requires the physical therapist to be accessible at all times by two way communication, available, to respond to an inquiry when made and readily available for consultation during the delivery of care, and is with in the same geographic location as the PTA
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What is general supervision?
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The establishment of objectives (goals) and specific remediation techniques.
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What is the program plan?
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Direct supervision
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What kind of supervision does a PTA require when providing services to a patient who is an inpatient in a hospital or who is in the acute phase of injury or illness
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General supervision
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If a patient is is not an inpatient in the hospital, or who is not in the acute phase of injury that PTA is under what supervision?
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Under the direct supervision of a physical therapist or a PTA
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Unlicensed supportive personnel are under what kind of Supervision and by who?
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Both the PT and to the employing physician
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When employed by a board-certified orthopedic physician or physiatrist or a chiropractic physician the physical therapist assistant shall report all untoward patient responses to who?
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60 days in writing
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How many days does a licensee have to notify the board about a change in address?
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Inserting and adjusting electrodes, reading and identify normal and abnormal signs on the grid, and interpreting the audible signals
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A physical therapist may perform electromyography as an aid to diagnose of any human condition must be trained and competent in?
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Human dissection, human physiology, neurology, neuroanatomy and neurophysiology offered at the graduate level, and a pathological conditions
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What formal education within an accredited post secondary education institution does a PT have to have to perform electromyography?
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200
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The physical therapist must have completed how many hours of testing human subjects under the direct supervision of a licensed physician or physical therapist to perform electromyography?
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100
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To perform electromyography, how many hours have to be tested on neurologically involved patients?
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Public notification in a newspaper of the greatest general circulation, and place a sign in a conspicuous location in the licensees office announcing the termination or relocation of the practice.
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What are the minimum requirements for licensees that are relocating or terminating practice?
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Their opportunity to transfer or receive their medical records
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What should the notice and the sign advise clients and patients when terminating or relocating a practice?
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Two years
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How many years does a licensee have to maintain records after the termination every location at practice?
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No less than four times over a period of at least four weeks
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When terminating or relocating a practice a notice shall be published how many times over how many weeks?
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30 days
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How many days should a sign be placed in a office about termination or relocation of a practice
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Two years
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After death of a licensee medical records should be held for how many years after the death of the licensee?
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1 month
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Within how many months from the date of death of the licensee shall a notice be published in the newspaper of greatest general circulation in the county where the licensee practice, indicating to the clients and patients of the deceased licensee and where medical records are available
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Notice shall be published in a newspaper once during each week for 4 consecutive weeks. Patient records can be destroyed one month after or later from the last day of the fourth week of publication notice.
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After death of a licensee, what is required at the conclusion of 22 month frame?
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1.00 each
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Reasonable costs for first 25 pages?
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$0.25 per page
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Each page in excess to the 25 pages, the cost shall be?
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Actual costs: the cost of the material and supplies used to duplicate the record
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Reasonable costs for reproducing X-rays and other records should be?
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Properly dispensed by a Florida licensed pharmacist and only be administered to the patient for whom the prescription was authorized.
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All medication used in physical therapy shall be
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Tasks and activities of patients during the patient treatment
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What is an unlicensed personnel allowed to document?
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Subsequent reassessments other patient and assessment of the progress of the patient in relationship to the plan of care
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Activities that require the special knowledge, judgment, and skills of the PTA include?
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HIV and AIDS; 1 clock hour
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What continuing education class must a licensee have completed through a board approved course no later than upon the licensees first biennial renewal of license? Hour requirement?
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5 years
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The board may accept HIV and AIDS coursework from schools of physical therapy no more than how many years preceding initial licensure?
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Modes of transmission, infection control procedures, clinical management, prevention and Florida law on AIDS and the impact on testing, confidentiality, and treatment
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The following subject areas must be included to receive board approval on HIV/AIDS courses:
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Florida law on AIDS and the impact on testing, confidentiality, and treatment
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Which subject area for HIV/AIDS can be home study?
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2
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How many contact hours are required for medical error prevention?
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A study of root cause analysis, air reduction and prevention, and patient safety which shall encompass medical documentation and communication; contraindications and indications for physical therapy management; and pharmacological components of physical therapy and patient management.
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Medical error prevention should include what areas of subject?
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Yes
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Can medical error prevention and be part of homestudy?
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1 of the 2 hours required
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If a medical error course is being offered by a facility pursuant to chapter 395, the board may apply how many hours if specifically relating to error reduction and prevention methods?
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Prevention of medical errors and HIV/AIDS
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If you are licensed in the second half of the biennium you are exempt from continuing education requirements for the first renewal with exception of which required courses?
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50 clock minutes 10 contact hours
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One contact hour consists of? One continuing educational unit consists of?
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Professional ethics, clinical education, clinical practice, clinical research, clinical management, clinical science, Florida law relating to physical therapy, basic sciences, risk management, HIV/AIDS
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What are some subject areas for physical therapy continuing education?
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5
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You should have no more than how many hours for risk management in a biennium?
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3
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Up to how many contact hours in HIVAIDS may be included in the 24 contact hours?
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12
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How many hours will the board accept for home study continuing education classes?
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Not less than 4 years
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How long must a licensee retain proof of completion for education classes?
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Existence on the investment interest, The name and address of each applicable entity in which the referring healthcare provider is an inventor, the patients 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 patients choice including the entity in which the referring provider is an investor, and the names and addresses of at least two alternative sources
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When a provider is an investor, a referral can be made when there has been a written disclosure to the person prior to the referral that includes?
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In a conspicuous public place in his or her office
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When a physician or healthcare provider is invested in another entity its shell post the disclosure where,?
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Misdemeanor of the 1st degree
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A violation of disclosure of final interest by production is it an offense of what?
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Kickback
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What is a remuneration or payment, by or on behalf of a provider or healthcare services or items, to any person as a 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?
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If the positive HIV patient discloses to the practitioner the identity of a sexual partner or needle sharing partner; the practitioner recommends the patient notify the sexual partner or 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 The needle sharing partner; and 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
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A practitioner regulated through the division of medical quality assurance of the department chair 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:
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30 days (If not, the citation becomes a final order)
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If a person receives a citation for practicing licensed, how many days does the subject had to dispute the matter with that department?
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Not less than 500 no more than 5000 as established by rule of the department
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The penalty for practicing unlicensed shall be a fine of what?
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Felony of the 3 degree
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What kind of offense is it to practice, attempt to practice, or offer to practice a healthcare profession without an active, valid Florida license to practice that profession?
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Felony of the 2nd degree
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What kind of offense is it when a person practice as a profession without an active, valid Florida license to practice that profession when such practice result in serious bodily injury?
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Misdemeanor of the first degree
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What kind of offense is it to practice, attempt to practice, or offer to practice a healthcare profession with an in active or delinquent license for any period of time up to 12 months?
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Felony of the third degree
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If a person's license has been in active or delinquent for appeared of time of 12 months or more what kind of offense is this?
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$1000 and minimum mandatory period of 1 year
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A person practicing, attempting to practice, or offer to practice at healthcare profession without an active, valid Florida license to practice that profession can be fined and incarcerated for how much and how many days?
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Incarceration for 30 days and fine of 500 dollars
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The minimum penalty for of practicing with an inactive or delinquent license is what
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The complaint is in writing, signed by the complainant, and legally sufficient
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Complaints will be investigated if what?
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There is a showing that the prisoner complainant has exhausted all available administrative remedies within the state correctional system before filing the complaint.
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A complaint filed by a prisoner against a healthcare practitioner employed within the facility of the department of corrections is not legally sufficient unless?
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15 days
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How many days should the Department of Health be notified after the department of corrections disciplined or allows a healthcare practitioner to resign for an offense related to the practice of his or her profession?
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If it contains ultimate facts that show that a violation of this chapter regulated by the department or rule adopted by the department has occurred
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A complaint is legally sufficient if?
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In writing, 20 days after service to the subject of the complaint or document
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How many days does a subject have to respond to a complaint or document?
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This means that the department complete the report of its initial investigative findings and recommendations concerning the existence of probable cause within six months after its receipt of the complaint
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What is expeditiously?
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15 days- after that, notice may result in institution of regular disciplinary proceedings
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How many days does a licensee have to correct a initial offense of a minor violation?
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By majority vote of a probable cause panel of the board, or by the department, as appropriate
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Determination as to whether probable cause exists shall be made upon what?
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15 days
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How many days does the probable cause panel have after receipt of final investigative report to request additional investigative information?
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30 days
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Probable cause panel or the department should make its determination a probable cause within how many days after receipt of the final investigative report of the document?
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10 days
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If the probable cause panel does not make determination regarding the existence of probable cause or does not issue a letter of guidance in Lieu of finding of the probable cause within the 30 day time limit, the department must make a determination regarding the existence of probable cause within how many days after the expiration of the time limit?
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File a formal complaint against the licensee
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If the probable cause panel finds that probable cause exist it shall direct the department to what?
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45 days
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The department shall notify the division within how many days after receipt of a petition or request for a formal hearing?
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State surgeon general or his or her designee
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Suspension of license or for the restriction of the license, shall be conducted by who and shall issue the final summary order?
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A written explanation of how an administrative complaint is resolved by disciplinary process, a written explanation how and when the person may participate in the disciplinary process, and a written notice of any hearing before the division of administrative hearings or the regulatory board at which final agency action may be taken
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If probable cause has been found, the department shall provide the person who filed a complaint a copy of the administrative complaint and?
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60 days
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If probable cause is not found, the department shall inform the person who filed the complaint and notify the person that they have how many days to provide any additional information which may be relevant to the decision?
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10 days or until the subject of the investigation waives their privilege of confidentiality first
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All information to the investigation by the department is confidential and exempt until how many days after probable cause has been found to exist?
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Six years
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And administrative complaint against a licensee shall be filed within how many years after the time of the incident or currents given rise to the complaint against the licensee?
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12 years
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The time limit cannot exceed how many years after the time of incident or occurrence if it involves fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the violation of law?
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The licensee has acknowledged the problem, the licensee has voluntarily enrolled in an appropriate, approved treatment program, the licensee has voluntarily withdrawn from practice or limited the scope of practice as required by the consultant in each case until the panel or department is satisfied with completion of program, the licensee has executed release of medical records involving treatment to the consultant
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A licensee shall not constitute grounds for discipline if a complaint has been made about impairment as a result of alcohol or drugs or mental or physical condition if what?
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State surgeon general
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If the consultant concludes that impairment affects the licensees practice and constitutes in immediate danger to the public health who shall be notified?
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The department
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If the consultant believes treatment is unsatisfactory, information shall be disclosed to who?
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30 days
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Within how many days does the board or department (if no Board) have to be notified after a licensee has been convicted of a crime in a jurisdiction?
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