Help
Options
Didn't know it?
click below
click below
Knew it?
click below
click below
Don't Know
Remaining cards (0)
Know
retry
shuffle
restart
0:00
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.
Normal Size Small Size show me how
Normal Size Small Size show me how
FL Laws and Rules
PT Fl laws and rules 2015
| Question | Answer |
|---|---|
| If an exam applicant wishes to take the board exam for a 4th time, 1) s/he must submit to the board what two things, and 2) how many more times may s/he take the exam? | 1) submit evidence of successful complesion of a course of study or internship 2) take the exam on 2 more occasions |
| All applicants must pass the Laws and Rules exam. Passing scores are no longer valid if more than (how many?) years have passed. | 5 years |
| What is the legislative intent? | to ensure practitioner meets minimum requirements for safe practice |
| Vocab: "a person who is licensed to perform patient-related activities , use physical agents, license is in good standing, activities are performed under the direction of a PT" | PTA |
| PTA shall be under the (general/onsite?) supervision of a PT when working for an orthopedic physician or physiatrist. | general |
| PTA working for health care practitioners other than an orthopedic physician or physiatrist shall have (general/onsite?) supervision of a PT? | onsite |
| vocab: supervision by a PT that requires the physical presence for consultation and direction. | "Direct supervision". |
| PT/PTA practicing under a temporary permit and who is a candidate for licensure by examination requires what sort of PT supervision -- direct or general? | direct |
| Vocab: "Physical therapy _____" is observational, verbal, or manual detrminations | ...assessment |
| Vocab: the performance of PT assessments and the treatment of any disability, injury, disease, ...the prevention of such disability, injury, and rehab | "practice of PT" |
| If PT is required beyond (what time frame?) for a condition not previously assessed by a practitioner, the PT shall obtain a practitioner who will review and sign the plan. | 21 days |
| T/F: Chropractic medicine, including spinal manipulation, is not authorized by a PT. | True |
| A license may not be reactivated unless CE has been met OR has been active in another state for (how many?) years immediately preceding the filing OR passes the exam AND pays the fees. | 4 |
| How many hours of CE are required biennially? What are the exceptions? | 24; must be approved by APTA or FPTA ...emergency or hardship cases may be exempt... |
| Inability to practice safely by way of illness, substance use, or mental or physical condition and/or probable cause may result in what two actions? | 1. denial of a license/disciplinary action. 2. the PT/PTA may be compelled to submit to a mental or physical examination. |
| Refusal to submit to physical or mental examination may result in enforcement by whom? Will the information be open or closed to the public? | circuit court; closed |
| Shall a therapist whose license is revoked be given an opportunity to demonstrate that she can resume competent practice? | Yes |
| May records of the following be used against a PT/PTA in any other proceeding? Use of fraud to obtain a license; conviction of a crime relating to PT; having treated ailments other than by PT; failure to keep acceptable standards | No |
| May records of the following be used against a PT/PTA in any other proceeding? Engaging in unearned commission, disciplinary action and/or revocation/suspension of license; violating lawful order; filing a false report; practicing beyond scope | No |
| Misdemeanor or felony of the 1st, 2nd, or 3rd degree?: practice w/o an "active" license; use "PTA" w/o valid license; falsely swear an oath or concealing information regarding these rules. | Misdemeanor of the 1st degree |
| The probable cause panel consists of at least (how many?) current Board members OR (how many?) Board member(s) and (how many?) former board members who are licensed PTs. | at least 2 current board members or 1 current and 1 former board members |
| What is the biennial renewal fee for an active license? ...for an inactive license? ...retired status fee? | $75 - active; $50 - inactive or retired |
| May an inactive license practice? ...a retired license? | No for both |
| A license not renewed at the end of the biennium is reverted to what status? May this licensee practice? | delinquent status; may not practice. |
| What is the fee for.... 1. delinquency? 2. unlicensed activity? 3. reactivation? 4. change of status? | 1. $55 2. $5 3. $50 4. $40 |
| A license shall be reactivated upon: 1. (#?) hours of CE for EACH YEAR the license was inactive. 2. How many hours may be home study per year of inactive status? 3. CE must include what 2 courses? | 1. 10 hours CE for each year inactive. 2. No more than 6 hours may be home study 3. CE must include 2 hours of laws and rules within 1 year prior to reactivation, and medical errors prevention for the preceding biennium |
| Who shall be exempt from all licensure renewal provisions for any period of time which he is absent from the state? | A licensee who is the spouse of a member of the Armed Forces. They must document their absence, notify the Board of a change in status w/in 6 mo of return to FL or spouse's discharge from active duty. |
| A spouse of a member of the Armed Forces is exempt from licensure renewal provisions if their change of status occurs w/in the (first or second?) half of the biennium. | 2nd half. |
| Must written consent from the pt be made PRIOR to release to 3rd party not involved int he actual care? | Yes |
| If the PT deems that he will not follow a POC given by a referring practitioner, what course of action is necessary? | the PT shall immediately notify the referring practitioner and the reasons for such refusal. |
| May the PT delegate tasks which requires the skill, knowledge, and judgement of the PT? | No |
| Who may assess the pt, plan treatment, and direct the treatment program? | PT only |
| How often shall a PT be available for consultation? | at all times. |
| Whose job? Interpret referral; provide initial assessment; identify and document precautions/contraindication; develop & direct treatment plan & goals; delegate tasks; reassess & modify plans; collaborate | PT |
| College-level trainee programs shall be approved by (whom?) and (shall/shall not) require on-site supervision. | 1. accrediting agency. 2. shall provide on-site supervision |
| May the PTA initiate treatment w/o approval of the PT? May the PTA change treatment w/o approval of PT? | NO to both |
| Under what normal circumstances must the PT be readily and physically available to the PTA? | when treating an in-patient in a hospital, or when pt is in the acute phase of injury or illness |
| The PT directs the PTA to perform treatment which the pta feels may be detrimental to the pt., either by way of feeling unqualified to perform the procedure or otherwise. Should the PTA continue under the PT's directives here? | Absolutely not. The law is on the side of the PTA. |
| To whom does the PTA report untoward pt responses or changes in medical status? | To the PT |
| The pt has inquiries regarding his prognosis. How shall the PTA handle these? | Direct them to the PT. |
| The treatment procedures seem harmful tot he pt. What shall the PTA do? | Discontinue them immediately and report them to the PT. |
| The PTA is working with out-patients in a hospital setting, or those who are not in the acute phase of injury. In this case, the PT shall be accessible at all times (physically, or via telecommunication &w/in the same geographic location?) | via telecommunication &w/in the same geographic location |
| To what lesser-trained health personnel (other than the PTA) shall a PT delegate portions of skilled PT functions? | No one other than the PTA. |
| Unlicensed supportive personnel may help in the treatment provided by the PT or PTA under the direct supervision of the (PT or the PTA?). | either |
| 1) A PTA employed by orthopedic physician or physiatrist, or a chiropractic shall be under the (general or direct?) supervision of a PT? 2) To whom will the PTA report to? | 1) general; and there shall be an agreement b/w the physician and the supervising PT 2)PTA reports to both the PT and the physician |
| Who may perform EMG? What 3 areas must he be trained in first? | PT; inserting & adjusting electrodes, reading signals on grid, interpreting audible signals |
| The PT must have formal education in human dissection, human physiology, neurology, graduate-level neuro-anatomy, and pathological conditions, before he may perform what PT task? | EMG. PLUS, he has to have 200 hours of testing human subjects and 100 tests on neurologically involved pts under supervision! |
| Within how long after changing address must the therapist notify the board? | w/in 60 days. |
| 1) Records shall be maintained for at least (how long?), regardless of circumstances (death, termination/relocation of practice, etc...)? 2) What is the procedure, regarding medical records, following the death? | 1) 2 years. 2) a notice shall be published in the biggest newspaper of the area indicating that medical records are available from a specific person at a certain location. Repeated 1/wk for 4 wks after 22 mo -- 1 mo prior to their destruction. |
| When terminating or relocating the practice, those who maintain medical records shall do what? | Publish in biggest local newspaper, in each county of practice, a notice containing the date of termination and an address where the records may be obtained, no less than 4x over 4 weeks. Sign in conspicuous place at least 30 days prior to closing. |
| Costs of reproducing copies of medical records shall not be more than (how much $?) for.... 1. ...the first 25 pages 2. ...pages after the first 25 3. x-rays and the like | 1. $1/page 2. 25 cents/page 3. "actual costs", which include labor and overhead costs |
| What 3 rules surround medications held by the PT? | The PT may retain TOPICAL, non-scheduled meds and administer them to the pt during treatment; the meds must be properly dispensed by licensed pharmacist; only given to the pt for whom it was prescribed. |
| How many clock hours of HIV/AIDS ed. must be completed before the first biennial renewal? | 1 hour. Must include modes of transmission; infection control procedures; clinical mgmt; prevention; FL law on AIDS & testing, confidentiality, treatment. |
| Is a home study course permitted to fulfill the HIV/AIDS education requirement? | Yes |
| How many hours of medical error prevention must be completed, which must include root-cause analysis, error reduction and prevention, pt safety. | 2 contact hours. "medical documentation & communication", "contraindications and indications for PT mgmt", and "pharmacological components of PT and pt mgmt" shall be encompassed under this course? |
| May the medical errors CE course be used as part of the home study hours? | yes |
| Every person is required to complete how many contact hours of CE approved by the Board within the 24 months preceding each renewal. | 24 hours. |
| 1. How long is a "contact hour"? 2. ...a "half contact hour"? | 1. 50 clock minutes 2. 25 clock minutes |
| How many contact hours is = to one CEU? | 10 contact hours = 1 CEU |
| Professional ethics, Clinical education, Clinical practice, Clinical research, Clinical management, Clinical science, FL law, basic sciences, risk mgmt, and HIV/AIDS. What are these? | subject areas for PT CE |
| 1. What is the max # of contact hours that will be accepted in risk mgmt? 2. ...for HIV/AIDS education? 3. ...for medical errors education? 4. ...home study? | 1. 5 2. 3 3. 3 4. 12 |
| 1. How many contact hours credit shall course instructors providing CE to licensees receive? 2. Does normal course instruction count? | 1. up to 6 2. No |
| 1. How many contact hours do CIs receive for every 160 hours of internship? 2. What is the max # of hours they can receive this way? 3. What is the stipulation to receive this credit? | 1. 1 contact hour hour for 160 clinical hours 2. max of 6 3. must be credentialed by APTA |
| 1 credit hour of courses sponsored by PT program at a college, approved by APTA or FPTA, is equivalent to how many contact hours? | 1 |
| Attendance at Board meetings where disciplinary cases are being heard offer contact hours in what subject area?? | risk mgmt |
| How many contact hours do board members who serve the probable cause panel receive for their service? | 5 |
| Those who take and pass the laws and rules exam receive how many CE hours per biennium, if not as a result of disciplinary proceeding or board ordered? | 2 |
| If petitioning the board because of failure to complete CE requirements due to hardship or emergency, the request must be in writing, be found by majority vote to be of good cause, and are based on what 3 things? | 1. long term personal illness or that of close relative, 2. courses are not reasonably available; 3. other demonstrated hardships |
| For how long must a licensee retain receipts, etc. , of CE? | not less than 4 years |
| A health care provider may not refer a pt to an entity in which such provider is an investor UNLESS, prior to the referral, the pt is furnished w/written disclosure informing the pt of what? | The name and address of each investment interest; pt's right to obtain services from the supplier of the pt's choice, names and address of 2+alternative sources; disclosure in conspicuous public place in office. Violation = 1st degree misdemeanor |
| Diagnostic imaging services must be provided exclusively by whom? | 1. a group practice physician or 2. by an employee thereof |
| Who must hold all equity of diagnostic imaging services? | The Drs comprising the group, each of whom must provide at least 75% of his professional services to the group. Alternatively, the group must be incorporated. |
| Regarding diagnostic imaging services: A group practice or sole provider may not enter into any contract that provides any financial incentives, based on what? | ...an increase in outside referrals managed by the same practice mgmt company. |
| Regarding diagnostic imaging services: the group practice or sole provider accepting outside referrals must bill for both (what and what?) on behalf of the pt, and no portion of the payment may be shared with (whom? ) | 1. the professional and technical component 2. the referring physician. |
| Regarding diagnostic imaging services: Practices that have a Medicaid provider agreement must furnish imaging services to their Medicaid pts, and may not refer a Medicaid pt to a hospital for out-pt diagnostic services unless what? | unless the Dr furnishes the hospital with medical necessity for such a referral. |
| Regarding diagnostic imaging services: those accepting outside referrals shall report annually to the Agency for Health Care Administration what two numbers? | 1. total number of outside referrals 2. total number of all pts receiving diagnostic imaging services. |
| Regarding diagnostic imaging services: if a practice accepts an outside referral in violation or in excess of the % limitation, the practice shall be subject to penalties. T/F? | True |
| Regarding diagnostic imaging services: Each member who accepts outside referrals shall submit an annual attestation which shall include the annual report and confirm what? | compliance with the % limitations for accepting outside referrals |
| When/to whom may a provider not refer a pt for health services? | to an entity in which the provider is an investor or has an investment interest (unless the interest is in registered securities and other rules are met) |
| A Dr may refer a pt to an entity in which the Dr. has investment interest, only if the interest is in registered securities on a nat'l exchange issued by a publicly held corporation, whose shares are traded and.... | ...and whose total assets at the end of the fiscal quarter exceeded $50M, OR no more than 50% of the value of the interests are held by investors who may make referrals to the entity (+ other conditions). |
| A Dr may refer a pt to an entity in which the Dr. has investment interest, if the terms offered to an investor who can make referrals are.... | ...the same as the terms offered to those who cannot. |
| A Dr may refer a pt to an entity in which the Dr. has investment interest, if the terms are not related to ... | ...an expected volume of referrals as a condition or becoming/remaining an investor, or that an investor make referrals as a condition. |
| The entity in which there is an investment interest does not loan funds to an investor who is in a post'n to make referrals to the entity if.... | ....the investor uses any part of such loan to obtain the investment interest. |
| Regarding an entity in which there is an investment interest, the amount distributed to an investor is directly proportional to... | ...the amount of the capital investment, including the fair market value |
| 1. The board shall submit to the Agency for Health Care Admin. the names of .... . 2. No claim for payment may be presented for a service furnished pursuant to a referral that is prohibited under this section. | 1. ....any entity in which a provider investment interest has been approved. |
| 1. If an entity collects any amount in violation, the entity shall... 2. Any person that presents a bill for a service for which payment may not be made, shall be subject to ... | 1. refund the payor 2. ...civil penalty of <$15k for each such service (to be imposed and collected by the appropriate board) |
| Any provider that enters into a scheme which has a principal purpose of assuring referrals, if the Dr directly made referrals to such entity shall be subject to ... | ... civil penalty of <$100k for each such arrangement (to be imposed/collected by the board). This applies to hospitals, too. |
| Any hospital that discriminates against a provider for compliance to the act (no working up referrals to benefit an investment interest) is in violation. A provider must disclose investment interest to his pts. (more info: flip) | A provider may refer a pt for radiation therapy to an entity in which the provider is an investor, so it seems, according to 456.053 5(5)(a), page 69. ?? |
| 1. Is a "kickback" tax deductible? 2. Are kickbacks legal? | 1. no, that's what makes it a "kickback". 2. no |
| A practitioner shall not be liable for the disclosure of otherwise confidential info to a sexual or needle-sharing partner under what circumstances? | 1. a pt tests + for HIV & discloses the identity of partner 2. the Dr recommends the pt notify the partner and informs the pt of the Dr's intent to notify the partner 3. the Dr acts in good faith 4. All done in accordance with protocols! |
| If found practicing w/o a license, the dept may issue what? | a cease and desist (to both the violator and, if necessary, to the entity employing/abetting the violator). The dept may file a proceeding in the name of the state seeking an injunction. |
| If found practicing w/o a license, the dept may impose a citation of up to $5000 per incident. How long does the subject have to dispute the matter with the dept before the citation becomes a final order? | 30 days. |
| A) In addition to the civil penalties, the dept may issue what penalty for operating w/o a license? B) Each day after the issuance of the order that the practice continues counts what? | A) $500-$5000 for each offense, plus court costs, attorney fees, and costs of investigation and prosecution B) A separate violation |
| A) It is a (felony/misdemeanor?) of what degree to practice or attempt to practice with w/o a valid license (includes suspended, revoked, or void, but not delinquent or inactive). B) What if serious bodily injury results? C). What is the penalty? | A). felony of 3rd degree B). felony of 2nd degree 2. min of $1000 and min incarceration of 1 year. |
| 1. It is a (felony/misdemeanor?) of the what degree to practice or attempt to practice with an inactive or delinquent license for less than 12 months. B) ...for 12+ months. C) What is the penalty for B? 2. What is the penalty? | A) misdemeanor of 1st degree B) felony of 3rd degree C) min $500 and 30 days in prison |
| Failing to perform a legal obligation, such a repay student loans or make good on scholarship obligations, will result in what disciplinary actions? | 1. suspension until new payment terms are agreed upon or the scholarship obligation is resumed, followed by 2. probation for the duration of the loan/obligation 3. fine = to 10% of the defaulted loan amount |
| Violations include failing to: comply with CE for domestic violence; identify in writing the type of license under which the practitioner is practicing; provide pts w/info about their rights and how to file a pt complaint; update info in timely manner. | Violations include failing to: report to the board in writing w/in 30 days of being convicted of a crime; using info about people involved in MVA for the purpose of solicitation; being unable to practice w/reasonable skill and safety; + drug testing |
| Violations include: 'upcoding'; failing to complete treatment program for impaired practitioners w/o good cause; failing to remit Medicaid over-payment; being terminated by Medicaid program. Penalties may include: | refusal to certify, or to certify w/ restrictions, an application for licensure; suspension; permanent revocation of license; restriction of practice or license; fine not to exceed $10k/offense; reprimand/letter of concern; corrective action, etc. |
| If the violation is fraud, the board must impose a fine of how much per count or offense? | $10k |
| If the violation is the first-time failure of the licensee to satisfy CE requirements, the board shall issue what 3 general penalties? | 1. a citation 2. a fine 3. 1 additional hour of CE for each hour not completed or completed late. |
| If the violation is the first time violation of unprofessional conduct and no actual harm occurred, the board shall.... | 1. issue a citation and 2. assess a penalty |
| What will happen if the licensee fails to pay the fines within a reasonable time? | Civil action to recover the fine and perhaps a contract for the collection thereof. |
| What is the penalty for prescribing a controlled substance in a manner that violates the standards? | 1. suspension for at least 6 months 2. $10k per count |
| What 3 requirements must be met for the dept to investigate a complaint? | 1. complaint is filed in writing 2. signed by complainant 3. is legally sufficient |
| A complaint made by a prisoner is not legally sufficient unless... | 1. there is a showing that the prisoner has exhausted all available administrative remedies w/in the state correctional system before filing the complaint, UNLESS the dept finds the Dr may present a serious threat |
| A complaint is legally sufficient if ... | ...it contains ultimate facts that show a violation |
| When may the dept investigate an anonymous complaint? | 1. It's in writing 2. is legally sufficient 3. is substantial 4. reasonable cause to believe its true |
| The dept may investigate info relating to liability actions w/respect to Drs which have been reported w/in (what time frame) for any paid claim that exceeds ($? ). | 1. the previous 6 years 2. $50k. |
| Under what 2 circumstances may the dept withhold notification of investigation to a subject? | 1. if such notification would be detrimental to the investigation 2. if the act is a criminal offense |
| The dept must complete the report of its initial investigative findings and recommendations "expeditiously", which means what time frame? | w/in 6 months after its receipt of the complaint. |
| The dept shall not recommend a letter of guidance in lieu of finding probable cause if .... | ...the subject has already been issued a letter for a related offense |
| The dept may dismiss any case if it determines ... | ...insufficient evidence |
| The dept shall provide a detailed report to the appropriate probable cause panel prior to dismissal of any case, and to the subject of the complaint after dismissal of any case or part thereof. | For cases dismissed prior to a finding of probable cause, such report is confidential. |
| If the dept dismisses a case, may the probable cause panel retain legal counsel, employ investigators, and/or continue the investigation/prosecution as it deems necessary? | yep. |
| How soon after receiving a notice does a licensee have to correct a violation before regular disciplinary proceedings result? | 15 days. |
| 1. Is a board limited to one probable cause panel? 2. How soon must the panel make its determination of probable cause? 3. In lieu of finding probable cause, the panel, dept, or board may issue what? | 1. No 2. w/in 30 days, but the State Surgeon General make grant extensions 3. a letter of guidance |
| 1. The dept must make a determination regarding existence of probable cause w/in how long after the expiration of the time limit? 2. If probable cause is found, what must the dept do? | 1. 10 days after 2. ...file a formal complaint against the licensee (and prosecute if necessary) |
| The dept shall refer to the board any investigation within what time frame after filing? 2. The dept must establish a reporting system to quarterly refer the status of any investigation within (what time frame?) | 1. 1 year 2. 1 year |
| Annually, the dept, with the probable cause panel, must establish a plan to expedite or close any investigation or proceeding that is not before the division of Administrative Hearings within what time frame after the filing of the complaint? | 1 year. |
| If there are any disputed issues of material fact, a formal hearing before an administrative law judge shall be held, and the determination is to be determined by (whom?). | 1. the board |
| 1. Who shall determine and issue the final order in each disciplinary case? 2. Any order or settlement shall be subject to the approval of (whom?). | 1. The board 2. the dept. |
| Any proceeding for suspension or restriction shall be conducted by (whom?), who shall issue the final summary order. | State Surgeon General |
| The dept shall periodically notify the person who filed the complaint, as well as the pt, of .... | ...the status of the investigation, of any civil action or appeal. |
| The dept shall provide to the person who filed the complaint a copy of the administrative complaint and a written explanation of what 4 things? | 1. ...how such a complaint is resolved, 2. ...of how the person may participate in the process, 3. ...of any hearing, and 4. ...notify that he may, within 60 days, provide additional info. |
| The person who filed a complaint may receive a copy of the dept's expert report; the identity of the expert shall remain (public info or confidential?). | confidential |
| Shall the person who files a complaint have the right to present communication relating to the alleged violations or to the penalty? | Yes |
| All info pursuant to an investigation is confidential until when? | 1. ...10 days after probable cause has been found, or 2. ...until the subject waives his privilege of confidentiality. |
| When shall the dept provide the subject an opportunity to inspect the investigative file or forward a copy? | 1. Upon completion of the investigation and 2. ...a recommendation by the dept and 3. ...a written request by the subject |
| The subject may inspect or receive a copy of any expert witness report or pt record connected with an investigation if the subject agrees to ... | ...maintain confidentiality. |
| The subject of an investigation may file a written response within (how many?) days of mailing by the dept. | 20 days, unless an extension of time has been granted. |
| A privilege against civil liability is granted to any complainant or any witness with regard to info furnished unless... | ...the witness acted in bad faith. |
| No person who reports info to the dept shall be held liable for reporting against a provider if he/she.... | ...acted w/o intentional fraud or malice. |
| No facility licensed shall discharge, threaten, intimidate, or coerce any employee by reason of such employee's report of violation so long as.... | ...the report is given w/o intentional fraud or malice. |
| The person alleging intentional fraud/malice shall be liable for what if intentional fraud/malice is not proved? | all court costs and the other party's reasonable attorney's fees. |
| An administrative complaint shall be filed within what time frame after the time of the incident? | w/in 6 years |
| If it can be shown that fraud prevented the discovery of the violation of the law by the administration, the period of limitations is extended to (how long?). | ...up to 12 years after the timme of the incident. |
| Regarding impaired practitioner programs: The dept may adopt rules setting criteria for treatment providers. The rules may specify what 4 parameters? | 1. the manner in which the consultant works with the dept in intervention 2. requirements for evaluating and treating, 3. for cont'd care & monitoring, and 4. requirements related to the expulsion of professionals from the program |
| Impaired practitioner consultants are under the jurisdiction of what entity? | The Division of Medical Quality Assurance |
| An impaired practitioner consultant must be licensed, and must employ a medical director who is a licensed practitioner or an executive director who must be a licensed RN. T/F? | True |
| An entity retained as an impaired practitioner consultant which employs a medical or executive director is not required to e licensed as a substance abuse provider or mental health treatment provider under what program? | the impaired practitioner programs |
| The impaired practitioner consultant may contract with a school or program to provide services to a student enrolled and preparing for licensure as a clinician or vet if the student is allegedly impaired as a result of ... | ...the misuse of alcohol or drugs or due to mental or physical condition. |
| Is the dept responsible for paying for the care provided by approved treatment providers or a consultant? | of course not. |
| Can a medical school be held liable for referring a student to the consultant? | No, not if the school adheres to the due process procedures and if it committed no intentional fraud. |
| Each board may delegate to its chair its authority to determine, before certifying or declining an application for licensure, that the applicant may be impaired. | Upon such determination, the chair may refer the applicant to the consultant for an eval before the board certifies or declines the application. |
| If the applicant agrees to be evaluated by the consultant, the dept's deadline for approving/denying the application is tolled until.... | ...the eval is completed and the result and recommendation is communicated to the board by the consultant. |
| If the applicant declines to be evaluated by the consultant, the board shall certify or decline to certify the application notwithstanding/in spite of the lack of an evaluation and recommendation. T/F? | True |
| Whenever the dept receives a sufficient complaint alleging that a licensee is impaired, and no other complaint exists, the reporting shall not constitute grounds for discipline if the probable cause panel finds... | 1. The licensee has acknowledged the impairment 2. has voluntarily enrolled in an approved treatment program 3. has voluntarily w/drawn from or limited scope of practice 4. has executed releases for medical records |
| Does the Consultant hold the right to make copies or reports of records that do not regard the issue at hand? | no |
| Shall the probable cause panel become involved in the case if the dept has not received a legally sufficient complaint and the licensee agrees to withdraw from practice until the consultant determines satisfactory completion of treatment program? | No. |
| Inquiries related to impairment treatment programs designed to provide info and which do not indicate that the licensee presents a danger (shall/shall not) constitute a complaint? | Shall not |
| Whenever the dept receives a legally sufficient complaint alleging that a licensee is impaired and no complaint against the licensee other than the impairment exists, the dept shall forward all info to whom? | the Consultant |
| Does suspension from hospital staff privileges due to an impairment constitute a complaint? | no |
| The probable cause panel shall work directly with the Consultant and all info obtained shall (be made public -or- remain confidential?). | remain confidential |
| A finding of probable cause shall not be made as long as the panel is satisfied that the licensee is progressing satisfactorily in an approved impaired practitioner program and no other complaint exists. T/F? | True |
| An approved treatment provider shall, upon request, disclose to the Consultant all info in its possession regarding the licensee's impairment and participation in a treatment program. T/F? | True. And all info obtained is confidential. And, failure to provide such info to the consultant is grounds for withdrawal of approval of of such program or provider. |
| If, in the opinion of the Consultant, an impaired licensee has not progressed satisfactorily in a treatment program, all info regarding the issue shall be disclosed to (the public/the dept.). 2. Shall such disclosure constitute a complaint.? | 1. the dept. 2. Yes |
| Whenever the consultant concludes impairment, the conclusion shall be communicated to whom? | The state surgeon general |
| A consultant, licensee, or approved treatment provider who makes a disclosure pursuant to this action is not subject to civil liability for such disclosure or its consequences. T/F? | True |
| The contract b/w the Consultant and the dept must require the consultant.. 1. indemnify the state for any liabilities, 2. establish a quality assurance program that is evaluated (how often?), 3. be subject to review and approval by the dept | quarterly. The contract must also require the consultant provide an approved manual to the dept; and the dept be entitled to terminate the contract for noncompliance. |
| Who is the official custodian of records relating to the referral of an impaired licensee? | An Impaired Practitioner Consultant |
| T/F: The Consultant may disclose to the impaired licensee any info that is disclosed to or obtained by the consultant. | True, but only to the extent that it is necessary to carry out the consultant's duties. |
| Any other entity that enters into a contract with the consultant has direct administrative control over the consultant to the extent necessary to receive what? | disclosures from the consultant |
| When does a licensee choose licensure status (active, inactive, or retired)? | Generally upon renewal, though he may change status at any time, and must pay to change the status. "Inactive" status fee may not exceed the "active" status fee, and the "retired" fee may not exceed $50. |
| Describe/Know the fees for changing status and what they include. | Fees include: reactivation fee, the actual status fee (ie: "active" status), change of status fee (ie: from "inactive" to "active"), and any applicable delinquency fees. These fees are not to exceed the biennial renewal fee. |
| A) Is the board permitted to impose full re-examination of an applicant who has been "inactive" for more than 2 consecutive licensure cycles and who applies for "active" status? B) ... for "retired" to "active"? | A) Not FULL re-examination, but may impose PARTIAL re-examination. B) Yes, if the applicant has been "retired" for more than 5 years, or from another state and has not practiced in 5 years. |
| May the board impose/enforce discipline to a licensee whose status is "retired" or "delinquent" or "inactive"? | yes, if it was previously imposed on the licensee for acts by the licensee while holding a license, whether active, inactive, retired, or delinquent |
| Is the person who has been denied renewal required to take/pass examinations applicable for initial licensure? | no, but he must meet the qualifications and complete the application process for initial licensure. |
Created by:
For2222