Download Continuing Education and Disciplinary Actions for Physical Therapists and more Exams Judicial Systems in PDF only on Docsity! Florida Jurisprudence Real Exam Questions And Correct Answers Verified Latest 2024-2025 Guaranteed Pass Grade A + Updated!! Duration of board member's term - ANSWER>>4 years who appoints member of the board? who confirms member of the board? - ANSWER>>appointed by Governor confirmed by Senate how many members of the board? Who comprises the board? - ANSWER>>7 members - 5 local PT with 4 yr experience - 1 PT at educational facility - 2 non PT/healthcare state residents what is the board in charge of - ANSWER>>- determine school/course quality - oaths - Standards of practice - Adopt rules/fees - Works with health department / department of revenue -Annually elect chair person (calls meetings) and vice chair person - Must meet at least annually who appoints the exceutive director of the board - ANSWER>>Health department how can a board's membership be voided? - ANSWER>>Unexcused absences > 50% or >3 annually how much do board members get paid? - ANSWER>>$50 per day who can challenge the board? - ANSWER>>surgeon general how many days can a patient be seen through direct access for a condition that was not previously assessed by the practitioner of record - ANSWER>>30 days - After 30 days, the practitioner of record must review and sign the plan of care What happens to a license of it's not renewed before expiration? - ANSWER>>License becomes delinquent. How does a delinquent license become voided? How can it become active again? - ANSWER>>Failure of a delinquent licensee to become active or inactive before the next renewal cycle (two years) renders the license void. - Must apply for NEW licensure to obtain active or inactive status how many continuing ed hours for clinical instructors? - ANSWER>>1 contact hour = 160 hours of clinical internship - max of 6 contact hours how many continuing ed hours for passing Florida Laws and Rules Examination? - ANSWER>>2 contact hours - unless taking the exam due to disciplinary actions. All or a portion of continuing ed hours required can be waived due to hardships or emergencies. Acceptable hardships/emergencies include: - ANSWER>>- Illness of self or close relative in which licensee has caregiving responsibilities - Required courses not reasonably available - Other economic, technological, or legal hardships related to the ability to complete continuing education requirements. How long must a licensee keep official records of continuing ed completed? - ANSWER>>4 years from the date of completion Requirements for Instruction on HIV/AIDS (for continuing ed) - ANSWER>>- at least 1hr of HIV/AIDS education (board approved course or school coursework taken within five years of initial licensure date can count towards requirement). - Must be completed by the first biennial renewal of the licensee. Requirements for Prevention of Medical Errors Education: - ANSWER>>2 hours every cycle. shall include concepts of: --> error reduction and prevention --> patient safety --> Medical documentation and communication --> Contraindications and indications for PT management --> Pharmacological components of PT & patient management. Requirements for Human Trafficking Education: - ANSWER>>at least 1 hour. to include; --> Sex trafficking --> Labor trafficking --> How to identify potential victims --> How to report cases --> Resources available to victims --> Signage posting requirements. Licensee must notify the Board in writing within _______ moving. - ANSWER>>60 days Definition: Acute Care - ANSWER>>stage of illness or injury characterized by the potential for rapid change in medical status that could affect physical therapy When is direct supervision of PTA required by PT? - ANSWER>>during the acute phase of injury or while the patient is an inpatient in a hospital Minimum training to perform electromyography: (Training) - ANSWER>>- Inserting and adjusting electrodes, - Reading and identifying normal and abnormal signals - Interpreting audible signals Minimum training to perform electromyography: (Hours) - ANSWER>>200 hours of testing human subjects with at least 100 tests upon neurologically involved patients while under the direct supervision of an electromyography certified physical therapist or physician. Minimum training to perform electromyography: Neurologically involved patient - ANSWER>>- 100 tests on neurologically involved patients, with findings corroborated by a licensed physician or licensed physical therapist who has previously met these qualifications Administration of topical meds - ANSWER>>requires physician prescription Type of supervision required for unlicensed prescriptions - ANSWER>>direct supervision - by PT or PTA what tasks is an unlicensed personnel allowed to participate in - ANSWER>>sole responsibility & liability of PT to consider what they're allowed to do what can unlicensed personnel do - ANSWER>>document tasks, activities, and/or interventions of a patient during treatment how many unlicensed personnel performing patient care is allowed in a setting? - ANSWER>>determined by the practice The department of Health is to complete a report of initial investigative findings within ____________ of receiving the complaint. - ANSWER>>6 months In place of an investigation if the complaint is minor the department may provide a licensee with a notice of noncompliance. If the violation is NOT corrected within ________ of receiving the notice, it may result in the institution of regular disciplinary proceedings. - ANSWER>>15 days The determination of probable cause will be made by... - ANSWER>>a majority vote of a probable cause panel. All proceedings are to remain confidential until ______ after probable cause has been found to exist or ____. - ANSWER>>10 days OR if the licensee waives their privilege of confidentiality Request for additional information can be made from the probable cause panel to the department. Following which, ______ are allowed for the information to be sent to the panel. - ANSWER>>15 days Within _____ after the receipt of the final investigative report, the probable cause panel shall make their decision - ANSWER>>30 days Who is able to grant extensions of the 15-day and 30-day time limits for decisions to be made - ANSWER>>State Surgeon General Proceedings for suspension or restriction of a license when the welfare, health, or well being of the public is at risk is to be conducted by the ____________. - ANSWER>>State Surgeon General. Members of probable cause panel - ANSWER>>2 members - at least 1 current board member - at least 1 former member - panel must include a former or present consumer member if one is available If probable cause has been found the department will give the person who filed the complaint a copy of the administrative complaint and: - ANSWER>>- written explanation of how an administrative complaint is resolved - when the person may participate in the disciplinary process - any notice of any hearing before the Division of Administrative Hearings or the regulatory board at which final action may be taken. If no probable cause is found the department will inform the person who filed the complaint, at which... - ANSWER>>they have 60 days to provide additional information to the department. An administrative complaint against a licensee shall be filed within _______ of the incident. - ANSWER>>six years An administrative complaint can be filed greater than six years following the incident if it is related to one of these occurrences: - ANSWER>>Criminal actions, diversion of controlled substances, sexual misconduct, or impairment by the licensee. Following a violation of the provisions a licensee will be issued a final order which will impose appropriate penalties. The final order may require a licensee to.... - ANSWER>>- attend board meetings - perform community service - take continuing education classes - pass the jurisprudence examination If violation is for fraud the Board shall impose a fine of _____ per count or offense - ANSWER>>$10,000 Grounds for Discipline: Unable to practice with reasonable skill and safety - Fine of _________ - Can receive ___________ suspension followed by _________. - After first offense: _________ evaluation PRN, ____ probation to ______ - ANSWER>>- Fine of $1,000, evaluation PRN - Can receive one year suspension followed by five year probation Grounds for discipline: Violation of an Order or subpoena. - 1 st Offense - 2nd Offense - ANSWER>>- 1 st Offense: $1,000 - $10,000. Letter of concern to revocation - 2nd Offense: $5,000 - $10,000. 2 year probation to revocation Grounds for discipline: Negligent filing of false reporting. - 1st offense - 2nd offense - 3rd offense - ANSWER>>- 1st offense: $1,000 - $5,000. 2 years probation - 2nd offense: $2,500 - $10,000. Reprimand up to 2 years suspension followed by 2 years probation. - 3rd offense. up to $10,000 and/or revocation of license Grounds for discipline: Willful filing of false report, impeding, or inducing another to file false report: - 1st offense - 2nd offense - ANSWER>>- 1st offense: up to $5,000. License suspension 6 months followed by 6 months probation to license revocation - 2nd offense: up to $10,000 fine and/or revocation of license Grounds for discipline: Practice, or offer to, beyond scope - 1st offense - 2nd offense - ANSWER>>- 1st offense: $2,500 - $10,000. 1 yr probation up to license suspension for 2 years followed by 2 years probation - 2nd offense: up to $10,000 fine and/or revocation of license Grounds for discipline: Violation of this chapter or health professions and occupations - 1st offense - 2nd offense - 3rd offense - ANSWER>>- 1st offense: $1,000 - $5,000. Letter of concern up to license suspension for 2 years followed by 2 years probation - 2nd offense: $5,000 - $10,000 fine. 2 years probation up to revocation of license - 3rd offense: $7,500 - $10,000. 6 months suspension followed by probation up to license revocation Grounds for discipline: Misleading, deceptive, or fraudulent representations - 1st offense - 2nd offense - ANSWER>>- 1st offense: up to $10,000. 6 months probation up to license revocation - 2nd offense: up to $10,000 per offense. 3 years probation up to license revocation Grounds for discipline: Improper use of laser device - 1st offense - 2nd offense - ANSWER>>- 1st offense: $2,000 to $10,000. 1 year probation up to 3 years suspension followed by at least 2 yrs probation - 2nd offense: up to $10,000 an/or revocation of license Grounds for discipline: Failure to comply with HIV/AIDS course requirements - 1st offense - 2nd offense - 3rd offense - ANSWER>>- 1st offense: $1,000 - $3,000. Letter of concern up to 1 yr suspension followed by 2 yrs probation - 2nd offense: $2,500 - $7,500. 6 months probation up to license revocation - 3rd offense: up to $10,000 an/or revocation of license Grounds for discipline: Civil liability for filing a false report against another license - 1st offense - 2nd offense - ANSWER>>- 1st offense: $1,000 - $3,000. Reprimand up to 3 yrs of probation - 2nd offense: $2,500 - $10,000. 1 yr probation up to license revocation Grounds for discipline: Failure to report health care violator - 1st offense - 2nd offense - ANSWER>>- 1st offense: $500 - $2,500. Letter of concern up to 1 yr probation - 2nd offense: $2,000 - $10,000. Possible license revocation - 2nd offense - ANSWER>>- 1st offense: 6 months probation and/or PRN referral for evaluation up to $10,000 and/or license revocation - 2nd offense: Probation up to 3 yrs & referral to PRN for evaluation up to max fine of $10,000 and/or license revocation Grounds for discipline: Failure to comply with 30 day notification of convictions and nolo pleas - 1st offense - 2nd offense - ANSWER>>- 1st offense: $1,000 - $3,000. Letter of concern up to 1 month suspension followed by 2 yrs probation - 2nd offense: $3,000 - $10,000. 2 yrs probation up to license revocation Grounds for discipline: Positive results on drug screening - 1st offense - 2nd offense - ANSWER>>- 1st offense: $5,000 - $10,000. 2 yrs probation & referral for PRN evaluation up to license suspension for 1 yrs followed by 5 yr probation - 2nd offense: $1,500 - $10,000. Referral for PRN eval & 2 yrs probation up to license revocation Grounds for discipline: Unnecessary treatment: including wrong patient and wrong site - 1st offense - 2nd offense - ANSWER>>- 1st offense: $1,000 - $10,000. Reprimand up to 3 months license suspension followed by 3 yrs probation - 2nd offense: $3,000 - $10,000. 1 yr probation up to license revocation Grounds for discipline: Failure to complete an impaired practitioners treatment program - ANSWER>>License suspension to license revocation pending appearance before the board & demonstrate compliance with the impaired practitioners consultant Grounds for discipline: Practicing with a delinquent, inactive status, or retired status license - 1st offense - 2nd offense - 3rd offense - ANSWER>>- 1st offense: $1,000 - $5,000. Letter of concern up to license suspension for 2 yrs followed by 2 yrs probation - 2nd offense: $5,000 - $10,000. 2 yr probation to license revocation - 3rd offense: $7,500 - $10,000. 6 months suspension up to license revocation Grounds for discipline: Failing to identify to a patient the type of license the practitioner is practicing with (written or orally) - 1st offense - 2nd offense - ANSWER>>- 1st offense: $1,000 - $5,000. Letter of concern up to 1 yr probation. - 2nd offense: $5,000 - $10,000. 2 yrs probation up to license revocation Grounds for discipline: Convicted, or entering a plea of guilty or nolo contendere to crime relating to the Medicaid program - 1st offense - 2nd offense - ANSWER>>- 1st offense: $1,000 - $10,000. Reprimand, suspension until medical program has been reimbursed up to license revocation - 2nd offense: $10,000 and license revocation Grounds for discipline: Failing to return overpayment from the medicaid program - ANSWER>>$1,000 - $10,000 Suspension until medicaid program has been repaid in full up to max of license revocation Grounds for discipline: Being terminated from the state medicaid program - 1st offense - 2nd offense - ANSWER>>- 1st offense: $1,000 - $10,000. Reprimand up to probation up to license revocation - 2nd offense: $10,000 and license revocation Grounds for discipline: Citation Violation: Falsely certifying compliance with continuing education. - ANSWER>>Fine: $2,000 Citation Violation: Failure to comply with continuing education audit requests - ANSWER>>Fine: $250 Licensee must provide proof of compliance within 6- days of filing date of citation Citation Violation: Failure to keep current mailing or practice address. - ANSWER>>Fine: $250 Citation Violation: Failure to pay required fees and fines. - ANSWER>>Fine: $150 Subject has _______ to dispute the matter, after that the citation shall become a final order of the Board. - ANSWER>>30 days Practicing or attempting to practice without an active license: - ANSWER>>- felony of 3rd degree - minimum penalty: $1,000 & minimum mandatory period of incarceration for 1 yr Practicing without an active license when practice results in serious bodily injury - ANSWER>>- felony of the 2nd degree - minimum: $1,000 & minimum mandatory period of incarceration for 1 yr Practicing or attempting to practice with an inactive or delinquent license for up to 12 months - ANSWER>>misdemeanor of 1st degree Practicing or attempting to practice with an inactive or delinquent license for 12 months or more - ANSWER>>felony of 3rd degree - minimum penalty: 30 day imprisonment $ 500 fine If a practitioner is regulated through the Division of Medical Quality Assurance of the department, are they held liable for failure to disclose information relating to positive result for HIV of patient to a sexual or needle-sharing partner of the patient. - ANSWER>>NO Definition: consultant - ANSWER>>the individual or entity who operates an approved impaired practitioner program under a contract with the department. - they help the department determine if a licensee is impaired Does a consultant need to be a licensed mental health treatment provider or a substance abuse provider? - ANSWER>>NO If the department has sufficient complaint that a practitioner has an impairment. The impairment does NOT constitute grounds for discipline if: - ANSWER>>- Practitioner has acknowledged the impairment - Practitioner becomes a participant in an impairment practitioner program and completes it. - Practitioner has voluntarily withdrawn from practices or has limited the scope of their practice. - Practitioner has provided all records and information relating to the impairment that the consultant has requested. - Practitioner has authorized the consultant to report the termination, when applicable, to the department and provide the department. with copies of all information in the consultant's possession relating to the licensees termination. A licensee can only refer a patient to an entity where an investment interest is present if he provides a written disclosure to be given to the patient to include: - ANSWER>>- Existence of the investment interest. - Name and address of each applicable entity that the licensee has an investment interest at. - Patient's right to obtain items/services of their choice. - Names and addresses of at least two other treatment sources Definition: Kick back - ANSWER>>Non necessary/ordinary payment on behalf of a provider to any person as an incentive to refer patients. Records may be given WITHOUT authorization in the following instances: - ANSWER>>- civil or criminal action