The Physical Therapist and the Law - Report Example

Running head: THE PHYSICAL THERAPIST AND THE LAW THE PHYSICAL THERAPIST AND THE LAW of the _________________________________ Student ID No.: _____ Program: _________________________________________ (course or educational curriculum) Specialization: ____________________________________________ Faculty Mentor/Professor: Name of school ___________________________________________ Abstract The physical therapy profession in Florida is regulated by state law. The governing rules include the licensure requisites and certain aspects of police power. The present discourse offers data and information related to the subject health care vocation and a discussion of the same. The Physical Therapist and the Law The requirements for a license Physical therapists are among the professionals within the ambit of health care. Physical therapy is very important in that it is a treatment and a preventive measure at the same time. (White, Scott. The Importance of Physical Therapy. streetdirectory.com. [internet]). As a matter of fact, it is good for injury prevention in youth sports. (Hareyan, Armen. Injury Prevention. Physical Therapists Offer Tips For Injury Prevention April 10, 2007. EmaxHealth. [internet] Accessed February 11, 2010. Available at: ). In the State of Florida, the practice is covered by Chapter 486 of the Florida Statutes (2009) under Title XXXII of the law. (CHAPTER 486. PHYSICAL THERAPY PRACTICE. Title XXXII REGULATION OF PROFESSIONS AND OCCUPATIONS. The 2009 Florida Statutes. Online Sunshine. [internet]) For one to be qualified as a licensed massage therapist, there are certain requirements to comply with. As basic requisites, the applicant must be at least eighteen years of age and must be of good moral character. For her or his professional qualifications or credentials, the applicant must meet any one of the three given circumstances which are (a) the applicant is a graduate from a physical therapy school duly accredited under the tutelage of the Commission of Recognition of Postsecondary Accreditation or the United States Department of Education upon her or his graduation, and has passed to the satisfaction of the Board of Physical Therapy Practice the American Registry Examination before 1971 or a national examination approved by the said Board of Physical Therapy Practice, or (b) the applicant has obtained a diploma from a physical therapy program in a foreign country or has educational qualifications equivalent to what is mandated of physical therapists in the United States duly acknowledged by the proper agency accredited by the Board of Physical Therapy Practice, (Section 486.031 Physical therapist; licensing requirements. Ibid) or (c) the Board of Physical Therapy Practice has caused the issuance of a license to the applicant through the Department of Health without having taken any examination when she or he (the applicant) presents proof to the satisfaction of the Board of Physical Therapy Practice that she or he has passed the American Registry Examination before 1971 or an examination in physical therapy before a similar legally authorized examining board of another state, the District of Columbia, a territory or a foreign country where the standards for licensing physical therapy professionals are considered by the Board of Physical Therapy Practice as of the same level or category as those in Florida. (Section 486.081 Physical therapist; issuance of license without examination to person passing examination of another authorized examining board; fee. Ibid). In this third criterion, the professional may design or denominate herself or himself as a physical therapist or a physiotherapist or a P.T. She or he shall also pay to the Department of Health the appropriate fee not exceeding one hundred seventy five dollars as determined by the Board of Physical Therapy Practice. Physical therapy practice and police power Physical therapy being a career or a calling in Florida as in all other states, it is regulated by specific rules provided for by the applicable law in the exercise of police power of the governing authority. Under Chapter 486 of the above-cited Florida Statutes (2009), there are acts which can be the basis to refuse, revoke or suspend the license of a physical therapist. Aside from those, administrative fines or other disciplinary sanctions may also be imposed in certain instances. The following can be reasons to deny an application for the issuance of a physical therapy license or to impose punitive actions: (a) the inability to practice physical therapy with the required expertise and degree of safety measures for the protection of patients in view of illness, consumption of intoxicating drinks, substance abuse or due to any mental or physical deficiency, (b) the commission of fraudulent acts in the course of the professional practice of physical therapy, or deceit on the part of the applicant in securing the license as physical therapist or physical therapist assistant, (c) ) having been convicted or having been found guilty of a crime in any place for acts which are directly related to the physical therapy profession, (d) treatment of illnesses via methods outside of physical therapy, (e) failure to uphold suitable values in the practice of physical therapy, (f) engaging in schemes to divide, transfer, assign, rebate or refund fees for professional services or profiting by means of credit or valuable consideration, as in the case of unearned commissions, discounts or gratuities through referrals, including those through the relatives or business associates of the referrer, (g) having a revoked or suspended license or having been imposed disciplinary action or having an application for license refused or revoked or suspended by the regulating agency of another state, territory or country, (h) violation of a lawful order of the Board of Physical Therapy Practice or of the Department of Health issued in a prior administrative proceeding, (i) filing of a report or record which the licensed physical therapist knows as false affixing signature thereto in that professional capacity, (j) engaging in a practice outside the scope allowed by law for physical therapists despite awareness of incompetence such as specific spinal manipulation, and (j) violation of other provisions of the statute concerning health professionals. (Section 486.125 Refusal, revocation, or suspension of license; administrative fines and other disciplinary measures. Ibid). It has to be observed that the grounds enumerated above are sanctioned by the law of the state in the exercise of its police powers to protect its citizens. In sum, the purpose is for the public good and welfare. For instance, a therapist in substance abuse or who is a boozer has no business engaging as a professional in the practice of physical therapy. Allowing such an irresponsible character will put the health of the trusting clientele at stake. Also, giving license to an individual who has obtained his license by fraudulent means will pose a great hazard to the public. In the same manner, a practitioner carrying out ways to profit out of professional practice defined in (f) above demonstrates that the licensee is more for the money than for the well being of the patients. False reporting is also deemed to be imbued with malpractice in that it can mislead health care recipients. Case law on physical therapy practice In a suit brought to the District Court of Appeal of Florida (Third District), the services of unlicensed physical therapists were questioned by the insurance company having coverage over the patient as being unauthorized and should not therefore be indemnified. (STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. vs. UNIVERSAL MEDICAL CENTER OF LOWER SOUTH FLORIDA, INC. [CASE NO. 3D02-2483 / TRIBUNAL NO. 00-8381] IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2004. ROMINGER LEGAL. Florida Case Law & Florida Court Opinions [internet]) These are the facts of the case. A certain Blanca Franco got injured in a vehicular incident on August 28, 2000. State Farm Mutual Automobile Insurance Co. was then the insurer of Franco's car carrier while Universal Medical Center of Lower South Florida, Inc., being the health care provider, afforded treatment for her injuries. State Farm refused to defray certain physical therapy services rendered to Franco. Among others, State Farm put up the defense that several bills included in the complaint were treatments which were unlawful and not ordered, referring to those done by unlicensed physical therapists. During the trial, the office manager of Universal Medical, Dr. Carlos D. Carranza, gave testimony saying that he recommended physical therapy for Franco. In the course of the treatment, medical assistants who were unlicensed physical therapists executed processes such as hot packs, electrical muscle simulations, ultrasound therapy applications, massages and other medical-therapy methods. He further testified that the administration of the therapies was had while he was in the hospital and that all those tasks were performed under his supervision. The pivotal question now is whether or not the medical assistants were illegally performing duties and responsibilities as unlicensed physical therapists for purposes of the payment of their services. This was the issue in view of the argument of State Farm that the medical assistants were not licensed as physical therapists and were therefore not allowed by law to render services along that line. The court ruled that in such an instance where all medical aspects were under the supervision and responsibility of an authorized physician, the medical assistants were likewise authorized to perform medical functions related under the charge of the duly licensed doctor of medicine. Declaring that it did not agree with the contention of State Farm, the court cited the specific provision of the law. Section 486.161 of Florida Statutes (2001) mandated physical therapists to be licensed. However, it was without any exemption as in the case when one is licensed in the state for the legal practice of profession and that, as part of it or as is incidental thereto, she or he engages the services of a chiropractic physician, podiatric physician, doctor of medicine, massage therapist and others. The court concluded that the physical therapy conducted by the assistants was covered by the exemption. Clearly, the case cited above only demonstrates that the strict rule on unlicensed therapists is founded on deterring fraud, deceit, incompetence, misbehavior and other negative attitudes in the professional practice of physical therapy. Hence, exceptions are at hand where there is no malice, ill-will or bad intention under the circumstances and that the supposed unlicensed practitioners are under the charge of a duly licensed professional in a related field. References CHAPTER 486. PHYSICAL THERAPY PRACTICE. Title XXXII REGULATION OF PROFESSIONS AND OCCUPATIONS. The 2009 Florida Statutes. Online Sunshine. [internet] Accessed February 11, 2010. Available at: Hareyan, Armen. Injury Prevention. Physical Therapists Offer Tips For Injury Prevention April 10, 2007. EmaxHealth. [internet] Accessed February 11, 2010. Available at: http://www.emaxhealth.com/34/10949.html Section 486.031 Physical therapist; licensing requirements. Chapter 486 PHYSICAL THERAPY PRACTICE. Title XXXII REGULATION OF PROFESSIONS AND OCCUPATIONS. The 2009 Florida Statutes. Online Sunshine. [internet] Accessed February 11, 2010. Available at: Section 486.081 Physical therapist; issuance of license without examination to person passing examination of another authorized examining board; fee. Chapter 486 PHYSICAL THERAPY PRACTICE. Title XXXII REGULATION OF PROFESSIONS AND OCCUPATIONS. The 2009 Florida Statutes. Online Sunshine. [internet] Accessed February 11, 2010. Available at: Section 486.125 Refusal, revocation, or suspension of license; administrative fines and other disciplinary measures. Chapter 486 PHYSICAL THERAPY PRACTICE. Title XXXII REGULATION OF PROFESSIONS AND OCCUPATIONS. The 2009 Florida Statutes. Online Sunshine. [internet] Accessed February 11, 2010. Available at: STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. vs. UNIVERSAL MEDICAL CENTER OF LOWER SOUTH FLORIDA, INC. [CASE NO. 3D02-2483 / TRIBUNAL NO. 00-8381] IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2004. ROMINGER LEGAL. Florida Case Law & Florida Court Opinions [internet] Accessed February 11, 2010. Available at: Read More