Disciplinary Action and Unlawful Practice (6 questions) Flashcards
How can a PT/PTA lose their license? 9
- inability to practice d/t
- illness
- drugs
- alcohol
- mental condition
- physical condition - committed fraud/ deceit in obtaining a license
- convicted/guilty of a crime directly related to PT
- performed treatments outside pt
- profited from referring a patient to a business
- license revoked / suspended/refused of another state
- violated a lawful order of the board/department
- making false claims on a report
- practicing outside PT (spinal manipulations)
2 exams the board can get the PT/PTA to perform if they think they are unable to practice ?
mental or physical exam
What if a PT refuses a physical or mental exam?
department can file a petition with the circuit court (closed to the public, not be named)
What is a plea of nolo contendere?
accepts punishment without admitting guilt (shall be considered a conviction)
Failing to pay student loans to the federal government?
suspension of license until new payments terms are agreed upon or the scholarship obligation is resumed and a fine up to 10% of the defaulted loan amount
how many days do you have to report to the board convicted/found guilty/ entering a plea of nolo contendere following a crime in any jurisdiction?
30 days
How much is a fine for a violation for fraud/making false or fraudulent representation?
$10,000
administration fine for each count/separate offence must not exceed?
$10,000
What happens for first time failure to comply with CEU requirements?
- citation
- may require to take 1 additional hour for each hour not completed
- PT/PTA has 30 days to dispute citation
- board has 6 months to create appropriate penalties for citations
what is the fee for investigation?
-salaries and benefits or personnel
-costs related to time spent on the case
-other expenses incurred
What will the department investigate?
- complaint that is in writing
- signed by the complainant
- legally sufficient
When can a violation be anonymous?
when it is substantial
How many days can subjects submit a written response when receiving a document from the department?
20 days
The department of health has how long to complete a report of the initial investigation findings?
within 6 months
what happens if the complaint is minor?
department may provide a licensee with a notice of noncompliance BUT must be corrected within 15 days
How many days does the person have to submit additional info if no probable cause is found by the department for a complaint filed?
additional 60 days
An administrative complaint has to be filed within how many years?
6 years
UNLESS it is criminal, controlled substance, sexual misconduct, or impairment by the licensee
Can be extended up to 12 years for fraud, concealment, or intentional misrepresentation of fact
injunctive relief?
court order to refrain from certain acts
What kind of crime is practicing or attempt to practice without an active FL license?
includes practicing on a suspended, revoked, or void license
felony of the 3rd degree
What kind of crime is practicing or attempt to practice without an active FL license and results in bodily harm?
Felony 2nd degree
what kind of crime is practicing with an inactive or delinquent license for up to 12 months?
misdemeanor 1st degree
felony >12 months
