The Board proposes an amendment that updates and clarifies the rule language and applications for licensure.

 

DEPARTMENT OF HEALTH

Board of Physical Therapy Practice

RULE NO.:RULE TITLE:

64B17-3.001Licensure

PURPOSE AND EFFECT: The Board proposes an amendment that updates and clarifies the rule language and applications for licensure.

SUMMARY: The proposed rule amendment updates the qualifications for licensure by endorsement and clarifies the application process for licensure to conform with the new and amended statutes.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 456.013, 456.0145(5), 486.025, 486.031(3), 486.104 FS.

LAW IMPLEMENTED: 456.013, 456.0145, 456.017, 456.0635, 456.38, 486.031, 486.041, 486.051, 486.061, 486.0715, 486.081, 486.102, 486.103, 486.104 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Allen Hall, Executive Director, Board of Physical Therapy Practice, 4052 Bald Cypress Way, Bin #C05, Tallahassee, Florida 32399-3252, or by email at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B17-3.001 Licensure.

(1) Examination Application. Every person who applies for licensure as a physical therapist or physical therapist assistant by examination shall file DOH Form #DH-MQA 1142, Application for Physical Therapist or Physical Therapist Assistant Licensure by Examination, revised 8/2024 12/2020, which is hereby incorporated by reference and is available through http://www.flrules.org/Gateway/reference.asp?No=Ref-  12672, or www.floridasphysicaltherapy.gov/resources.

(2) No Change.

(3) Licensure by endorsement pursuant to s. 456.0145, F.S. Applicants holding a license issued by another state, the District of Columbia, or territory of the United States applying for for physical therapist or physical therapist assistant license by endorsement pursuant to section 456.0145(2), F.S., shall submit his or her appplication DH-MQA-5101 (eff. 7/2024), Mobile Opportunity by Interstate Licensure Endorsement (MOBILE) which is incorporated herein by reference and which may be obtained from https://www.flrules.org/Gateway/reference.asp?No=Ref-    , the Board office, or at https:// floridasphysicaltherapy.gov/resources/. Applicants for licensure shall meet and comply with all requirements in Section 456.0145(2), F.S. Additional provision for applications for licensure without examination (by endorsement).

(4) Licensure by endorsement pursuant to s. 486.081, F.S. Applicants who have passed an examination in physical therapy in a foreign country shall file DOH Form #DH-MQA 5104, Application for Physical Therapist Licensure by Endorsement of Foreign Examination 8/2024, which is hereby incorporated by reference and is available through https://www.flrules.org/Gateway/reference.asp?No=Ref-  , or https:// floridasphysicaltherapy.gov/resources/, and demonstrate the following standards have been met:

(a) For purposes of compliance with Sections 486.031 and, 486.081, and 486.107, F.S., the standard for determining whether the standards for licensure in physical therapy of a foreign country another jurisdiction are as high as the standards in Florida shall be whether the written examination taken for licensure in the foreign country such other jurisdiction by applicants meeting Florida’s minimum educational qualifications was through the national physical therapy examination provider certified by the Department.

(b) Physical therapist applicants who meet the education and examination requirements for licensure without examination shall show proof of an active physical therapist license in another state, the District of Columbia, a territory, or a foreign country. Physical therapist assistant applicants who meet the education and examination requirements for licensure without examination shall show proof of an active physical therapist assistant license in another state, the District of Columbia, or a territory.

(c) No Change.

(5)(4) An applicant for licensure as a physical therapist by examination pursuant to s. 486.051, F.S., or endorsement pursuant to s. 486.081, F.S., who has failed to pass the National Physical Therapy Examination for Physical Therapists, or an applicant for licensure as a physical therapist assistant by examination pursuant to s. 486.104 who has failed to pass the National Physical Therapy Examination for Physical Therapist Assistants by or on the fifth attempt, regardless of the jurisdiction through which the examination was taken, is precluded from licensure.

Rulemaking Authority 456.013, 456.0145(5), 486.025, 486.031(3), 486.104 FS. Law Implemented 456.013, 456.0145, 456.017, 456.0635, 456.38, 486.031, 486.041, 486.051, 486.061, 486.0715, 486.081, 486.102, 486.103, 486.104 FS. History–New 8-6-84, Amended 6-2-85, Formerly 21M-7.20, Amended 5-18-86, Formerly 21M-7.020, 21MM-3.001, Amended 3-1-94, Formerly 61F11-3.001, Amended 12-22-94, 4-10-96, Formerly 59Y-3.001, Amended 12-30-98, 1-23-03, 4-9-06, 9-19-06, 3-13-07, 5-11-08, 5-21-09, 8-10-09, 7-5-10, 12-17-12, 12-15-14, 2-14-17, 10-22-17, 5-14-20, 2-24-21,                         .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Physical Therapy Practice

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Physical Therapy Practice

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 16, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 12, 2024