For 64B17-7.0027, to update incorporated form; for 64B17-7.003, to clarify requirements for reinstatement of license.

Notice of Proposed Rule

DEPARTMENT OF HEALTH

Board of Physical Therapy Practice

RULE NOS.:RULE TITLES:

64B17-7.0027Procedure for Compliance with Board Ordered Laws and Rules Exam

64B17-7.003Reinstatement of License

PURPOSE AND EFFECT: For 64B17-7.0027, to update incorporated form; for 64B17-7.003, to clarify requirements for reinstatement of license.

SUMMARY: Update incorporated form and clarify requirements for reinstatement of license.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST 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: The amendments to Rule 64B17-7.0027 make no substantive changes but merely update existing information. The amendments to Rule 64B17-7.003 streamline and clarify requirements for reinstatement of licenses, unnecessary language is deleted, and existing language is clarified and streamlines. Accordingly, the Board determined there will be no impact upon small business or any increase in regulatory costs.

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, 456.036, 456.072, 456.079, 486.025 FS.

LAW IMPLEMENTED:  456.072, 456.073, 456.079, 486.125 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 32399-3255, [phone]

 

THE TEXT OF THE PROPOSED RULE IS:

 

64B17-7.0027 Procedure for Compliance with Board Ordered Laws and Rules Exam.

Licensees ordered to take and pass the Florida Laws and Rules Eexamination as a result of a disciplinary proceeding or reinstatement, must file DOH Form #DH-MQA 1144, Application Materials For the PT Florida Laws and Rules Examination Application, Revised 05/15 08/09, which is available through http://www.flrules.org/Gateway/reference.asp?No=Ref-            03444 or www.floridasphysicaltherapy.gov/resources www.doh.state.fl.us/mqa.

Rulemaking Authority 456.036, 456.072, 456.079, 486.025 FS. Law Implemented 456.072, 456.073, 456.079, 486.125 FS. History–New 5-21-09, Amended 8-10-09, 7-14-10,          .

 

(Substantial rewording of Rule 64B17-7.003 follows.  See Florida Administrative Code for present text.)

64B17-7.003 Reinstatement of License.

(1) When the Board has suspended or otherwise restricted the license of a Physical Therapist or Physical Therapist Assistant, the licensee may petition the Board for reinstatement or removal of restrictions.  The Board shall reinstate a suspended license, or remove restrictions, upon its finding that the licensee has complied with all terms and conditions of the final order and the licensee possesses the present ability to safely practice physical therapy. 

(2) Where a license has been suspended or otherwise restricted for a specific period of time, and the licensee is seeking reinstatement or removal of restrictions prior to completion of the specified period, the Petition shall contain sufficient facts to allow the Board to find:

(a) The licensee has complied with all terms and conditions of the final order, excluding completion of the specified time period;

(b) The licensee possesses the present ability to safely practice physical therapy; and

(c) Continuation of suspension or restriction of the license presents an undue hardship on the licensee and is not necessary for the continued protection of the public health, safety and welfare.

(3) In order to demonstrate the present ability to safely practice physical therapy, a licensee shall submit evidence which may include, as applicable:

(a) Completion of continuing education courses required by the final order;

(b)  Submission of evaluations of mental and/or physical examinations by appropriate professionals which attest to the licensee's present ability to safely engage in practice, or conditions under which safe practice can be attained.

(c) Compliance with prescribed treatment within a program designed to alleviate alcohol, drug, or other chemical dependencies, including necessary aftercare measures or a plan for continuation of such treatment as appropriate.

(d) If action was taken against the license based on conviction or being found guilty of, or entry of a plea of nolo contendere to, a crime, proof that all criminal sanctions imposed by the court have been satisfied.

(e)  If discipline was imposed against a Florida license based on action taken against the license or authority to practice by the licensing authority of another jurisdiction, proof that the licensee has satisfied all terms and conditions imposed by that licensing authority.

(f) The licensee's employment history, personal and professional references, or other factors not enumerated, which demonstrate the licensee's rehabilitation and present ability to safely engage in the practice of physical therapy.

(4) All petitions for reinstatement or removal of restrictions must contain sufficient facts to allow the Board to determine the licensee's compliance with the final order and present ability to safely practice. The licensee must submit all documentation supporting the petition prior to the Board meeting at which the Board will consider the petition. 

(5) If the Board reinstates the license of the petitioner, it may order reasonable conditions of probation or participation in the Professional Resources Network (PRN), as those conditions are related to the violations that resulted in the final order imposing discipline.  In determining whether to impose conditions or PRN participation, the Board will consider how long the licensee has been out of practice, whether and to what extent practice problems led to the disciplinary action, and whether mental, physical, or substance abuse problems led to the disciplinary action.

Rulemaking Specific Authority 486.025 FS. Law Implemented 486.125 FS. History–New 8-2-90, Formerly 21MM-7.004, 61F11-7.004, Amended 4-10-96, Formerly 59Y-7.004,            .

 

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:  April 30, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR:  June 23, 2015