SB305: Bill Text

SB305,13,23 448.56 (5) Patient records. A physical therapist shall create and maintain a patient record for every patient the physical therapist examines or treats.

SB305, s. 34 Section 34. 448.56 (6) of the statutes is created to read:

SB305,14,4 448.56 (6) Physical therapist assistants. A physical therapist assistant may assist in the practice of physical therapy only under the direct or general supervision of a physical therapist. The affiliated credentialing board shall promulgate rules defining "direct or general supervision" for purposes of this subsection.

SB305, s. 35 Section 35. 448.565 of the statutes is created to read:

SB305,14,8 448.565 Complaints. The affiliated credentialing board shall promulgate rules establishing procedures and requirements for filing complaints against licensees and shall publicize the procedures and requirements.

SB305, s. 36 Section 36. 448.567 of the statutes is created to read:

SB305,14,12 448.567 Performance audits. The affiliated credentialing board shall promulgate rules that require the affiliated credentialing board on a periodic basis to conduct performance self-audits of its activities under this subchapter.

SB305, s. 37 Section 37. 448.57 (2) (am) of the statutes is created to read:

SB305,14,15 448.57 (2) (am) Interfered with an investigation or disciplinary proceeding by using threats, harassment, or intentional misrepresentation of facts.

SB305, s. 38 Section 38. 448.57 (2) (b) of the statutes is amended to read:

SB305,14,19 448.57 (2) (b) Subject to ss. 111.321, 111.322, and 111.335, been convicted of an offense the circumstances of which substantially relate to the practice of physical therapy or assisting in the practice of physical therapy.

SB305, s. 39 Section 39. 448.57 (2) (bm) of the statutes is created to read:

SB305,14,21 448.57 (2) (bm) Been adjudicated mentally incompetent by a court.

SB305, s. 40 Section 40. 448.57 (2) (e) of the statutes is amended to read:

SB305,14,25 448.57 (2) (e) Subject to ss. 111.321, 111.322, and 111.34, practiced or assisted in the practice of physical therapy while the applicant's or licensee's ability to practice or assist was impaired by alcohol or other drugs.

SB305, s. 41 Section 41. 448.57 (2) (f) of the statutes is amended to read:

SB305,15,3 448.57 (2) (f) Engaged in unprofessional or unethical conduct in violation of the code of ethics established in the rules promulgated under s. 448.527.

SB305, s. 42 Section 42. 448.57 (2) (fm) of the statutes is created to read:

SB305,15,5 448.57 (2) (fm) Engaged in sexual misconduct with a patient.

SB305, s. 43 Section 43. 448.57 (2) (g) of the statutes is amended to read:

SB305,15,9 448.57 (2) (g) Engaged in conduct while practicing or assisting in the practice of physical therapy which evidences a lack of knowledge or ability to apply professional principles or skills.

SB305, s. 44 Section 44. 448.57 (3) of the statutes is created to read:

SB305,15,15 448.57 (3) (a) A licensee may voluntarily surrender his or her license to the affiliated credentialing board, which may refuse to accept the surrender if the affiliated credentialing board has received allegations of unprofessional conduct against the licensee. The affiliated credentialing board may negotiate stipulations in consideration for accepting the surrender of licenses.

SB305,15,18 (b) The affiliated credentialing board may restore a license that has been voluntarily surrendered under par. (a) on such terms and conditions as it considers appropriate.

SB305, s. 45 Section 45. 448.57 (4) of the statutes is created to read:

SB305,15,22 448.57 (4) The affiliated credentialing board shall prepare and disseminate to the public an annual report that describes final disciplinary action taken against licensees during the preceding year.

SB305, s. 46 Section 46. 448.57 (5) of the statutes is created to read:

SB305,16,3 448.57 (5) The affiliated credentialing board may report final disciplinary action taken against a licensee to any national database that includes information about disciplinary action taken against health care professionals.

SB305, s. 47 Section 47. 450.10 (3) (a) 5. of the statutes is amended to read:

SB305,16,7 450.10 (3) (a) 5. A physician, physician assistant, podiatrist, physical therapist, physical therapist assistant, occupational therapist, or occupational therapy assistant licensed under ch. 448.

SB305, s. 48 Section 48 . Nonstatutory provisions.

SB305,16,14 (1) Physical therapist assistant licenses. Notwithstanding section 448.535 (1) of the statutes, as created by this act, the physical therapists affiliated credentialing board shall grant a physical therapist assistant license under section 448.535 (1) of the statutes, as created by this act, to an individual who, not later than the first day of the 24th month beginning after the effective date of this subsection, does all of the following:

SB305,16,15 (a) Pays the fee specified in section 440.05 (1) of the statutes.

SB305,16,18 (b) Subject to sections 111.321, 111.322, and 111.335 of the statutes, submits evidence satisfactory to the physical therapists affiliated credentialing board that he or she does not have an arrest or conviction record.

SB305,16,21 (c) Provides evidence satisfactory to the physical therapists affiliated credentialing board that he or she has graduated from an accredited physical therapist assistant program.

SB305,17,2 (d) Provides evidence satisfactory to the physical therapists affiliated credentialing board that, during at least 2 years of the 5-year period immediately preceding the effective date of this paragraph, he or she was a physical therapist assistant, as defined in section 448.52 (3), 1999 stats., assisting a physical therapist in practice under the general supervision of a physical therapist as specified in the rules promulgated under section 448.52 (3), 1999 stats.

SB305,17,5 (e) Passes an examination conducted or arranged by the physical therapists affiliated credentialing board, on state laws and administrative rules relating to physical therapy.

SB305,17,8 (f) Submits letters of recommendation from 2 physical therapists licensed under subchapter III of chapter 448 of the statutes who have personal knowledge of the individual's activities in assisting a physical therapist in practice.

SB305,17,13 (2) Initial physical therapist assistant member. Notwithstanding the length of term specified in section 15.406 (1) (intro.) of the statutes, the initial term of the physical therapist assistant member of the physical therapists affiliated credentialing board appointed under section 15.406 (1) (am) of the statutes, as created by this act, shall expire on July 1, 2007.

SB305, s. 49 Section 49. Effective dates. This act takes effect on the first day of the 24th month beginning after publication, except as follows:

SB305,17,16 (1) Section 48 (1 ) of this act takes effect on the day after publication.

SB305,17,17 (End)