The rule clarifies terminology addressing the minimum standards of practice in physical therapy.

 

DEPARTMENT OF HEALTH

Board of Physical Therapy Practice

RULE NO.:RULE TITLE:

64B17-6.001Minimum Standards of Physical Therapy Practice

PURPOSE AND EFFECT: The rule clarifies terminology addressing the minimum standards of practice in physical therapy.

SUMMARY: The rule clarifies minimum standards of practice in physical therapy in terms of sexual misconduct, the supervision of students in telehealth situations, and the need to keep complete and accurate medical records.

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: 486.025 FS.

LAW IMPLEMENTED: 486.021(5), (6), (9), (10), (11), 486.031, 486.102, 486.123, 486.125(1), 486.161(3) 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:

 

64B17-6.001 Minimum Standards of Physical Therapy Practice.

(1) No change.

(2) Physical Therapy Personnel Responsibilities In General. Physical therapy is a profession involving skilled practice of patient care. The primary concern of the physical therapist and physical therapist assistant is always the safety, well being, and best interest of the patient who must therefore recognize and carry out services consistent with legal rights and personal dignity of the patient. Accordingly, it is the responsibility of all physical therapists and physical therapist assistants to:

(a) through (b) No change.

(c) Avoid acts which blatantly disregard a patient’s modesty by intentionally viewing a completely or partially disrobed patient if the viewing is not related to the patient diagnosis or treatment under current practice standards and neither suggest nor engage in sexual activities with patients under their care.

(d) Refrain from engaging in sexual misconduct, which is prohibited by ss. 486.123 and 456.063(1).

(e)(d) No change.

(f)(e) No change.

(g)(f) No change.

(3) Physical Therapist Responsibilities. Physical therapists shall:

(a) through (f) No change.

(g) When participating in student programs, ensure that the academic programs are accredited or in candidacy by the appropriate accrediting agency recognized by statute, and that the physical therapist provides direct supervision when students are performing patient care activities. Direct Supervision of a student in telehealth occurs when the supervising physical therapist is  immediately physically available to visualize, hear, and speak with the patient and the student during the encounter in a synchronous fashion.

(h) Complete accurate 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.

(4) Physical Therapist Assistant Responsibilities. Physical therapist assistants shall:

(a) through (f) No change.

(g) When participating in student programs, ensure that the academic programs are accredited or in candidacy by the appropriate accrediting agency recognized by statute, and that the physical therapist assistant provides direct supervision when students are performing patient care activities. Supervision of a student in telehealth occurs when the supervising physical therapist assistant is  immediately physically available to visualize, hear, and speak with the patient and the student during the encounter in a synchronous fashion.

(h) Complete accurate written medical records documenting the course of treatment for each patient.

(5) through (7) No change. 

Rulemaking Authority 486.025 FS. Law Implemented 456.063, 486.021(5), (6), (9), (10), (11), 486.031, 486.102, 486.123, 486.125(1), 486.161(3) FS. History–New 8-6-84, Formerly 21M-9.30, Amended 9-22-87, Formerly 21M-9.030, Amended 9-5-90, 3-5-92, 3-24-93, Formerly 21MM-6.001, 61F11-6.001, Amended 8-16-95, Formerly 59Y-6.001, Amended 1-8-98, 1-11-99, 4-18-04, 6-1-09, 2-18-16, 7-4-17,                     .

 

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 28, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 8, 2020