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FLORIDA JURISPRUDENCE

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FLORIDA JURISPRUDENCE

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SECTION 1: LEGISLATIVE INTENT & DEFINITIONS

QUESTION 1
What is the legislative intent of the physical therapy board?

ANSWER: To ensure every PT practitioner practicing in the state meets minimum
requirements for safe practice .

RATIONALE: The sole purpose in Chapter 486, F.S. is to ensure every PT/PTA in the state
meets minimum requirements for safe practice. If a PT/PTA falls below minimum
competency or presents a danger to the public, they shall be prohibited from practicing
in this state


QUESTION 2

Is it the intent that persons desiring to engage in any lawful profession are entitled to do
so?

ANSWER: Yes, they are entitled to do so if qualified .

RATIONALE: The legislative intent affirms that individuals who want to become a PT or
PTA are entitled to do so provided they meet the qualifications


QUESTION 3

Professions should be regulated only for what purpose?

ANSWER: The preservation of health, safety, and welfare of the public .

RATIONALE: Professions are regulated under the police powers of the state to protect
the public's health, safety, and welfare. Regulation should not be used for economic
protectionism

, QUESTION 4

When should professions be regulated?

ANSWER: When unregulated practice may cause harm to the public and that potential for
harm outweighs the impact of regulation .

RATIONALE: Regulation is appropriate when:

●​ Practice can harm or endanger the health, safety, and welfare of the public
●​ The public is not effectively protected by other means (other state statutes, local
ordinances, or federal legislation)
●​ Less restrictive means of regulation are not available


QUESTION 5

What restrictions apply to the Department and the Board?

ANSWER: Neither the Department nor any Board may unreasonably restrict or deter
qualified people from licensure or competition, nor create regulations that unreasonably
affect job creation or retention .

RATIONALE: The Board cannot create an economic condition that unreasonably restricts
competition. Policies should be cost-effective, maximize competition, minimize licensure
costs, and maximize public access to meetings


QUESTION 6

Unless expressly specifically granted in statute, what duties do NOT include?

ANSWER: Changing the scope of physical therapy practice .

RATIONALE: The Board's duties are limited to those specifically granted in statute and do
not include expanding or altering the scope of practice without legislative authority

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