Disciplinary Action and Unlawful Practice (6 questions)

Question 1

How can a PT/PTA lose their license? 9

Answer 1

1. inability to practice d/t
   - illness
   - drugs
   - alcohol
   - mental condition
   - physical condition
2. committed fraud/ deceit in obtaining a license
3. convicted/guilty of a crime directly related to PT
4. performed treatments outside pt
5. profited from referring a patient to a business
6. license revoked / suspended/refused of another state
7. violated a lawful order of the board/department
8. making false claims on a report
9. practicing outside PT (spinal manipulations)

Question 2

2 exams the board can get the PT/PTA to perform if they think they are unable to practice ?

Answer 2

mental or physical exam

Question 3

What if a PT refuses a physical or mental exam?

Answer 3

department can file a petition with the circuit court (closed to the public, not be named)

Question 4

What is a plea of nolo contendere?

Answer 4

accepts punishment without admitting guilt (shall be considered a conviction)

Question 5

Failing to pay student loans to the federal government?

Answer 5

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

Question 6

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?

Answer 6

30 days

Question 7

How much is a fine for a violation for fraud/making false or fraudulent representation?

Answer 7

$10,000

Question 8

administration fine for each count/separate offence must not exceed?

Answer 8

$10,000

Question 9

What happens for first time failure to comply with CEU requirements?

Answer 9

• 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

Question 10

what is the fee for investigation?

Answer 10

-salaries and benefits or personnel
-costs related to time spent on the case
-other expenses incurred

Question 11

What will the department investigate?

Answer 11

• complaint that is in writing
• signed by the complainant
• legally sufficient

Question 12

When can a violation be anonymous?

Answer 12

when it is substantial

Question 13

How many days can subjects submit a written response when receiving a document from the department?

Answer 13

20 days

Question 14

The department of health has how long to complete a report of the initial investigation findings?

Answer 14

within 6 months

Question 15

what happens if the complaint is minor?

Answer 15

department may provide a licensee with a notice of noncompliance BUT must be corrected within 15 days

Question 16

How many days does the person have to submit additional info if no probable cause is found by the department for a complaint filed?

Answer 16

additional 60 days

Question 17

An administrative complaint has to be filed within how many years?

Answer 17

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

Question 18

injunctive relief?

Answer 18

court order to refrain from certain acts

Question 19

What kind of crime is practicing or attempt to practice without an active FL license?

includes practicing on a suspended, revoked, or void license

Answer 19

felony of the 3rd degree

Question 20

What kind of crime is practicing or attempt to practice without an active FL license and results in bodily harm?

Answer 20

Felony 2nd degree

Question 21

what kind of crime is practicing with an inactive or delinquent license for up to 12 months?

Answer 21

misdemeanor 1st degree

felony >12 months