Board of physical therapy practice laws and rules Exam Questions AND Correct
Answers
456.52 Disclosure of financial interest by production. - ✔✔1) A health care
provider shall not refer a patient to an entity in which such provider is an
investor unless, prior to the referral, the provider furnishes the patient with a
written disclosure form, informing the patient of:
(a) The existence of the investment interest.
(b) The name and address of each applicable entity in which the referring health
care provider is an investor.
(c) The patient's right to obtain the items or services for which the patient has
been referred at the location or from the
provider or supplier of the patient's choice, including the entity in which the
referring provider is an investor.
(d) The names and addresses of at least two alternative sources of such items or
services available to the patient.
(2) The physician or health care provider shall post a copy of the disclosure
forms in a conspicuous public place in his
or her office.
(3) A violation of this section shall constitute a misdemeanor of the first degree,
punishable as provided in s. 775.082
or s. 775.083. In addition to any other penalties or remedies provided, a
violation of this section shall be grounds for disciplinary action by the respective
board.
456.53Financial arrangements between referring health care providers and
providers of health care services.— - ✔✔(1) SHORT TITLE.—This section may be
cited as the "Patient Self-Referral Act of 1992."
(2) LEGISLATIVE INTENT.—It is recognized by the Legislature that the referral of
a patient by a health care
,provider to a provider of health care services in which the referring health care
provider has an investment interest represents a potential conflict of interest.
The Legislature finds these referral practices may limit or eliminate competitive
alternatives in the health care services market, may result in overutilization of
health care services, may increase costs to the health care system, and may
adversely affect the quality of health care. The Legislature also recognizes,
however, that it may be appropriate for providers to own entities providing
health care services, and to refer patients to such entities, as long as certain
safeguards are present in the arrangement. It is the intent of the Legislature to
provide guidance to health care providers regarding prohibited patient referrals
between health care providers and entities providing health care services and to
protect the people of Florida from unnecessary and costly health care
expenditures.
456.54 Kickbacks prohibited - ✔✔(1) As used in this section, the term "kickback"
means a remuneration or payment, by or on behalf of a provider of health care
services or items, to any person as an incentive or inducement to refer patients
for past or future services or items, when the payment is not tax deductible as
an ordinary and necessary expense.
(2) It is unlawful for any health care provider or any provider of health care
services to offer, pay, solicit, or receive a kickback, directly or indirectly, overtly
or covertly, in cash or in kind, for referring or soliciting patients.
(3) Violations of this section shall be considered patient brokering and shall be
punishable as provided in
456.65 Unlicensed practice of a health care profession; intent; cease and desist
notice; penalties; enforcement; citations; fees; allocation and disposition of
moneys collected - ✔✔1) It is the intent of the Legislature that vigorous
enforcement of licensure regulation for all health care professions is a state
priority in order to protect Florida residents and visitors from the potentially
serious and dangerous consequences of receiving medical and health care
services from unlicensed persons whose professional education and training
, and other relevant qualifications have not been approved through the issuance
of a license by the appropriate regulatory board or the department when there
is no board. The unlicensed practice of a health care profession or the
performance or delivery of medical or health care services to patients in this
state without a valid, active license to practice that profession, regardless of the
means of the performance or delivery of such services, is strictly prohibited.
486.108 Physical therapist assistant; renewal of license; inactive status;
reactivation of license; fees. - ✔✔1) The department shall renew a license upon
receipt of the renewal application and the fee set by the board not to exceed
$150.
(2) The department shall adopt rules establishing a procedure for the biennial
renewal of licenses.
(3) A license that has become inactive may be reactivated upon application to
the department and completion of the
requirements for reactivation under this section. The board shall prescribe by
rule continuing education requirements as a condition of reactivating a license.
The continuing education requirements for reactivating a license may not
exceed 10 classroom hours for each year the license was inactive.
(4)(a) The board shall prescribe by rule an application fee for inactive status, a
renewal fee for inactive status, a delinquency fee, and a fee for the reactivation
of a license. None of these fees may exceed the biennial renewal fee established
by the board for an active license.
(b) The department may not reactivate a license unless the inactive or
delinquent licensee has paid any applicable biennial renewal or delinquency fee,
or both, and a reactivation fee.
(c) The department may not reactivate a license unless the inactive licensee has
met the continuing education requirements of subsection (3) or has fulfilled one
of the following requirements for reactivation of a license:
1. Provides evidence satisfactory to the board that she or he has actively
engaged in the practice of physical therapy in good standing in another state for
Answers
456.52 Disclosure of financial interest by production. - ✔✔1) A health care
provider shall not refer a patient to an entity in which such provider is an
investor unless, prior to the referral, the provider furnishes the patient with a
written disclosure form, informing the patient of:
(a) The existence of the investment interest.
(b) The name and address of each applicable entity in which the referring health
care provider is an investor.
(c) The patient's right to obtain the items or services for which the patient has
been referred at the location or from the
provider or supplier of the patient's choice, including the entity in which the
referring provider is an investor.
(d) The names and addresses of at least two alternative sources of such items or
services available to the patient.
(2) The physician or health care provider shall post a copy of the disclosure
forms in a conspicuous public place in his
or her office.
(3) A violation of this section shall constitute a misdemeanor of the first degree,
punishable as provided in s. 775.082
or s. 775.083. In addition to any other penalties or remedies provided, a
violation of this section shall be grounds for disciplinary action by the respective
board.
456.53Financial arrangements between referring health care providers and
providers of health care services.— - ✔✔(1) SHORT TITLE.—This section may be
cited as the "Patient Self-Referral Act of 1992."
(2) LEGISLATIVE INTENT.—It is recognized by the Legislature that the referral of
a patient by a health care
,provider to a provider of health care services in which the referring health care
provider has an investment interest represents a potential conflict of interest.
The Legislature finds these referral practices may limit or eliminate competitive
alternatives in the health care services market, may result in overutilization of
health care services, may increase costs to the health care system, and may
adversely affect the quality of health care. The Legislature also recognizes,
however, that it may be appropriate for providers to own entities providing
health care services, and to refer patients to such entities, as long as certain
safeguards are present in the arrangement. It is the intent of the Legislature to
provide guidance to health care providers regarding prohibited patient referrals
between health care providers and entities providing health care services and to
protect the people of Florida from unnecessary and costly health care
expenditures.
456.54 Kickbacks prohibited - ✔✔(1) As used in this section, the term "kickback"
means a remuneration or payment, by or on behalf of a provider of health care
services or items, to any person as an incentive or inducement to refer patients
for past or future services or items, when the payment is not tax deductible as
an ordinary and necessary expense.
(2) It is unlawful for any health care provider or any provider of health care
services to offer, pay, solicit, or receive a kickback, directly or indirectly, overtly
or covertly, in cash or in kind, for referring or soliciting patients.
(3) Violations of this section shall be considered patient brokering and shall be
punishable as provided in
456.65 Unlicensed practice of a health care profession; intent; cease and desist
notice; penalties; enforcement; citations; fees; allocation and disposition of
moneys collected - ✔✔1) It is the intent of the Legislature that vigorous
enforcement of licensure regulation for all health care professions is a state
priority in order to protect Florida residents and visitors from the potentially
serious and dangerous consequences of receiving medical and health care
services from unlicensed persons whose professional education and training
, and other relevant qualifications have not been approved through the issuance
of a license by the appropriate regulatory board or the department when there
is no board. The unlicensed practice of a health care profession or the
performance or delivery of medical or health care services to patients in this
state without a valid, active license to practice that profession, regardless of the
means of the performance or delivery of such services, is strictly prohibited.
486.108 Physical therapist assistant; renewal of license; inactive status;
reactivation of license; fees. - ✔✔1) The department shall renew a license upon
receipt of the renewal application and the fee set by the board not to exceed
$150.
(2) The department shall adopt rules establishing a procedure for the biennial
renewal of licenses.
(3) A license that has become inactive may be reactivated upon application to
the department and completion of the
requirements for reactivation under this section. The board shall prescribe by
rule continuing education requirements as a condition of reactivating a license.
The continuing education requirements for reactivating a license may not
exceed 10 classroom hours for each year the license was inactive.
(4)(a) The board shall prescribe by rule an application fee for inactive status, a
renewal fee for inactive status, a delinquency fee, and a fee for the reactivation
of a license. None of these fees may exceed the biennial renewal fee established
by the board for an active license.
(b) The department may not reactivate a license unless the inactive or
delinquent licensee has paid any applicable biennial renewal or delinquency fee,
or both, and a reactivation fee.
(c) The department may not reactivate a license unless the inactive licensee has
met the continuing education requirements of subsection (3) or has fulfilled one
of the following requirements for reactivation of a license:
1. Provides evidence satisfactory to the board that she or he has actively
engaged in the practice of physical therapy in good standing in another state for
