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									                                   DEPARTMENT OF HEALTH
                                 MEDICAL QUALITY ASSURANCE
                                 BOARD OF PHYSICAL THERAPY
                                 GENERAL BUSINESS MEETING
                                   GENERAL RULES REVIEW
                                     November 5 – 6, 2009
                                          MINUTES

                                      Marriott Tampa Airport
                                    Tampa International Airport
                                        Tampa, FL 33607
                                      Phone: (813) 879-5151


November 5, 2009 - 6:30 p.m.
The minutes reflect the actual sequence of events rather than the original agenda order.

Call the Meeting to Order and ROLL CALL:
Chauncey Belser, Chair, called the general business meeting to order at approximately 6:30
p.m. Those present for all or part of the meeting, included the following:

MEMBERS PRESENT                                     BOARD COUNSEL
Chauncey Belser, Chair, PT                          Allison Dudley, Board Counsel,
Madeleine Hellman, PT, MHM, Ed.D                    Assistant Attorney General Office
Violeta Acuna-Parker, PT
Jack Rust, PT                                       STAFF PRESENT
                                                    Allen Hall, Executive Board Director
CONSUMER MEMBERS                                    Jessica Sapp, Program Administrator
Marilyn Middleton                                   Amanda Bowen, Regulation Specialist II
Karen Baker
                                                    PROSECUTING ATTORNEY
MEMBERS ABSENT                                      Howard Holtzendorf, Prosecuting Attorney,
Amy Babb, Vice Chair, DPT                           DOH Prosecution Services

COURT REPORTER
Dempster & Berryhill Court Reporting
Penny Appleton
501 East Kennedy, Suite 775
Tampa, FL 33602
(813) 229-8225
(813) 229-8722 FAX

Also in attendance, Ms. Ana Mieres, Assistant Professor with the University of South Florida,
and her third year Doctorate of Physical Therapy students. Ms. Mieres thanked the Board for
allowing her class to attend the meeting.

Ms. Rebecca Kramer, Program Director with St. Petersburg College, thanked the Board for
allowing her attendance.


Board of Physical Therapy Practice
General Board Meeting and Rules Review
November 5-6, 2009
Page 1 of 28
Ms. Sheila Nickelson introduced herself as the new President of the Florida Physical Therapy
Association (FPTA). Ms. Nickelson acknowledged the attendance of Ms. Ellen O’Bannon, also
with the FPTA and thanked the Board for allowing their attendance.

PETITION FOR VARIANCE OR WAIVER OF RULE

Tab 1 Lakshmi Shankar

        a)      Petition for Variance or Waiver of Rule 64B17-3.003

Ms. Shankar was present and represented by legal counsel, Cynthia Mikos, Esq. Ms. Mikos
filed a petition on behalf of Ms. Shankar for Rule 64B17-3.003. Rule 64B17-3.003 requires
applicants to meet the requirements in Rule 64B17-3.001 which requires applicants to have
received a determination that their credentials are equivalent to the education required for
license as a PT in the United States. According to Ms. Shankar’s revised FCCPT evaluation,
she is not equivalent as she lacks 5.03 general education credits specifically in Humanities. She
also lacks professional coursework in Legal and Ethical Aspects of Physical Therapy.

Ms. Shankar received her Bachelors in Physical Therapy from India, a Master of Science in
Physical Therapy from India, a Certificate in Orthopedic Manual PT from Oakland University,
and lastly, a Doctor of Science in Physical Therapy from Oakland University. All degrees were
considered in the credential evaluation completed by FCCPT.

Ms. Mikos discussed Ms. Shankar’s educational and professional background with the Board.
After discussion, Ms. Mikos, on behalf on Ms. Shankar, withdrew the Petition of Rule 64B17-
3.003.

        b)      Application by Endorsement

MOTION: After discussion, Ms. Acuna-Parker made a motion to approve Ms. Shankar’s
application for licensure and to certify her to sit for the Florida Laws and Rules Exam and upon
a passing score on the exam shall be licensed. The motion was seconded by Ms. Baker and
carried 6/0.

RULES REVIEW AND/OR DEVELOPMENT

Tab 2 Rule Discussion

            Rule 64B17-9.001, Continuing Education

Rule 64B17-9.001(1) allows licensees licensed in the second half of the biennium be exempt
from completing the continuing education courses except one hour of HIV/AIDS for their first
renewal. It has been brought to staff’s attention this may conflict with 456.013(7), Florida
Statutes which requires licensees to complete Medical Errors for each renewal.

MOTION: After discussion, Mr. Rust made a motion to instruct counsel to prepare draft
language for the next board meeting. The motion was seconded by Ms. Baker and passed 6/0.

MOTION: After discussion, Ms. Hellman made a motion to open Rule 64B17-9.001 for
development. The motion was seconded by Ms. Middleton and passed 6/0.
Board of Physical Therapy Practice
General Board Meeting and Rules Review
November 5-6, 2009
Page 2 of 28
RULE STATUS REPORT

Tab 3 Allison Dudley, Assistant Attorney General

        a) The following rules have been developed:
               64B17-3.001– Licensure as a Physical Therapist by Examination
               64B17-3.002 – Licensure Examination Subjects and Passing Score;
                   Additional Requirements After Third Failure; Florida Jurisprudence
                   Examination

Language was verbally revised:

   64B17-3.002 Licensure Examination Subjects and Passing Score; Additional
Requirements After Third Failure; Florida Jurisprudence Examination.

    (1) The licensure examination shall be the National Physical Therapy Examination (NPTE)
for Physical Therapists developed by the Federation of State Boards of Physical Therapy. An
applicant for licensure by examination must have obtained a passing score on the NPTE
examination within the five (5) years immediately prior to the filing of the application.
    (2) Applicants must obtain a passing score on the National Physical Therapy Examination
for Physical Therapists developed by the Federation of State Boards of Physical Therapy.
    (3) An applicant must reapply, using DOH Form #DH-MQA 1143, Re-Exam Application,
Revised 02/09, incorporated by reference, which is available through www.doh.state.fl.us/mqa,
in order to retake the examination. If an applicant wishes to take the examination for the fourth
time, the applicant must submit to the Board for approval satisfactory evidence of having
successfully completed the following since the last taking of the examination: successful
completion of a course of study or internship designed to prepare the applicant for the physical
therapy examination. An applicant who has completed these additional requirements may take
the examination on two more occasions.
    (4) All applicants for licensure including those licensed by endorsement under Rule 64B17-
3.003, F.A.C., are required to take and pass the Florida Jurisprudence Examination developed
by the Federation of State Boards of Physical Therapy. Passing scores on the laws and rules
examination are no longer valid if more than 5 years has passed since the applicant took the
examination.
    (a) The Florida Jurisprudence Examination has 40 scored questions and the content and
approximate weights are:
    1. Legislative Intent and Definitions 25%;
    2. Board Powers and Duties 5%;
    3. Licensure and Examination 7.5%;
    4. Patient Care 35%;
    5. Disciplinary Action and Unlawful Practice 15%; and
    6. Consumer Advocacy 12.5%. In order to achieve a passing score on the examination, an
applicant must obtain a score equal to or greater than the scaled score based upon a passing
score study conducted by the Federation of State Boards of Physical Therapy.
    (b) Applicants must reapply to retake the Florida Jurisprudence Examination, using DOH
Form #DH-MQA 1143, Re-Exam Application, Revised 02/09, which is available through
www.doh.state.fl.us/mqa.


Board of Physical Therapy Practice
General Board Meeting and Rules Review
November 5-6, 2009
Page 3 of 28
Ms. Dudley requested the Board to change the title of the exam from Florida jurisprudence
examination to Florida laws and rules examination to be consistent throughout the rules.

MOTION: After discussion, Ms. Acuna-Parker made a motion to change the title from Florida
jurisprudence examination to Florida laws and rules examination throughout Rule 64B17-3.002,
accept the verbally revised language and directed counsel to proceed with rule making
procedures, and approve the SERC as presented. The motion was seconded by Ms. Hellman
and carried 6/0.

                   64B17-3.003 – Licensure by Endorsement
                   64B17-4.002 - Licensure Examination Subjects and Passing Score;
                    Additional Requirements After Third Failure; Florida Jurisprudence
                    Examination

Language was verbally revised:

64B17-4.002 Licensure Examination Subjects and Passing Score; Additional
Requirements After Third Failure; Florida Jurisprudence Examination.




Board of Physical Therapy Practice
General Board Meeting and Rules Review
November 5-6, 2009
Page 4 of 28
    (1) The licensure examination shall be the National Physical Therapy Examination (NPTE)
for Physical Therapist Assistants developed by the Federation of State Boards of Physical
Therapy. An applicant for licensure by examination must have obtained a passing score on the
NPTE examination within the five (5) years immediately prior to the filing of the application.
    (2) In order to achieve a passing score on the examination, an applicant must obtain a score
equal to or greater than the scaled score recommended by the Federation of State Boards of
Physical Therapy.
    (3) An applicant must reapply, using DOH Form #DH-MQA 1143, Re-Exam Application,
Revised 02/09, which is available through www.doh.state.fl.us/mqa, in order to retake the
examination. If an applicant wishes to take the examination for the fourth time, the applicant
must submit to the Board for approval satisfactory evidence of having successfully completed
the following since the last taking of the examination: successful completion of a course of study
or internship designed to prepare the applicant for the physical therapy assistant examination.
An applicant who has completed these additional requirements may take the examination on
two more occasions.
    (4) All applicants for licensure including those licensed by endorsement under Rule 64B17-
4.003, F.A.C., are required to take and pass the Florida Jurisprudence Examination developed
by the Federation of State Boards of Physical Therapy. Passing scores on the laws and rules
examination are no longer valid if more than 5 years has passed since the applicant took the
examination.”
    (a) The Florida Jurisprudence Examination has 40 scored questions and the content and
approximate weights are:
    1. Legislative Intent and Definitions 25%;
    2. Board Powers and Duties 5%;
    3. Licensure and Examination 7.5%;
    4. Patient Care 35%;
    5. Disciplinary Action and Unlawful Practice 15%; and
    6. Consumer Advocacy 12.5%. In order to achieve a passing score on the examination, an
applicant must obtain a score equal to or greater than the scaled score based upon a passing
score study conducted by the Federation of State Boards of Physical Therapy.
(b) Applicants must reapply to retake the Florida Jurisprudence Examination, using DOH Form
#DH-MQA 1143, Re-Exam Application, Revised 02/09, which is available through
www.doh.state.fl.us/mqa.

MOTION: After discussion, Ms. Hellman made a motion to change the title from Florida
jurisprudence examination to Florida laws and rules examination throughout Rule 64B17-4.002,
accept the verbally revised language and directed counsel to proceed with rule making
procedures. The motion was seconded by Ms. Middleton and carried 6/0.

MOTION: Ms. Baker made a motion to approve the SERC as presented. The motion was
seconded by Ms. Acuna Parker and carried 6/0.

                   64B17-4.003 – Licensure by Endorsement
                   64B17-7.001 - Disciplinary Guidelines

The proposed amendments have been added to create guidelines for the new statutory
violations created by Senate Bill 1986 and now found in Section 456.072(1).

64B17-7.001 Disciplinary Guidelines
Board of Physical Therapy Practice
General Board Meeting and Rules Review
November 5-6, 2009
Page 5 of 28
(1) When the Board finds that an applicant or licensee whom it regulates has violated the below-
listed provisions, it shall issue a final order imposing appropriate penalties, for each count, as
set forth in Section 456.072(2), F.S., within the ranges recommended in the following
disciplinary guidelines. As part of a final order imposing appropriate penalties, the board shall
consider requiring an applicant or licensee to attend board meetings, perform community
service, take described continuing education courses, or take and pass the applicable
jurisprudence examination. The identification of offenses are descriptive only; the full language
of each statutory provision cited must be considered in order to determine the conduct included.
For all persons subject to this rule, probation may include specific compliance conditions and
conditions of probation may be required following any period of suspension of license. For
applicants, all offenses listed herein are sufficient for refusal to certify an application for
licensure. If the Board makes a finding of pecuniary benefit or self-gain related to the violation,
then the Board shall require refund of fees billed and collected from the patient or a third party
on behalf of the patient. In addition to any other discipline imposed, the Board shall assess the
actual costs related to the investigation and prosecution of a case. In addition to or in lieu of any
guideline penalties provided herein, if the violation is for fraud or making a false or fraudulent
representation, the Board shall impose a fine of $10,000 per count or offense.

The additional subsections have been proposed:

      (dd) Section 456.072(1)(ii), F.S.: Being convicted of, or entering a plea of guilty or nolo
contendere to a crime under 18 U.S.C. s. 669, ss. 285-287, s. 371, s. 1001, s. 1035, s. 1341, s.
1343, s. 1347, s. 1349, or s. 1518, or 42 U.S.C. ss. 1320a-7b, relating to the Medicaid program
─ from a minumum of a reprimand, six months probation and a fine of $5,000 to a maximum of
revocation and a fine of $10,000. For a second offense, a fine of $10,000 and revocation;
      (ee) Section 456.072(1)(jj), F.S.: Failing to return an overpayment from the Medicaid
program ─ from a minimum of a reprimand, a fine of $1000 and/or suspension until the
Medicaid program is reimbursed in full to a maximum of revocation and a fine of $10,000. For a
second offense, a fine of $10,000 and revocation;
      (ff) Section 456.072(1)(kk), F.S.: Being terminated from the state Medicaid program
pursuant to s. 409.913 ─ if not terminated for cause, from a minimum of a reprimand, a fine of
$1000 and/or six months probation to revocation and a $10,000 fine. If terminated for cause or
if it is the second offense, a $10,000 fine and revocation.
      (gg) Section 456.072(1)(ll) Being convicted of, or entering a plea of guilty or nolo
contendere to a crime related to health care fraud ─ If the crime is a felony under chapter 409,
chapter 817, 21 U.S.C. ss. 801-970, or 42 U.S.C. ss. 1395-1396 the penalty shall be a minimum
fine of $1000 and revocation. Otherwise the penalty range is from a from a minumum of a
reprimand, six months probation and a fine of $5,000 to a maximum of revocation and a fine of
$10,000. For a second offense, a fine of $10,000 and revocation;

MOTION: After discussion, Ms. Hellman made a motion to accept the proposed language and
directed counsel to proceed with rule making procedures. The motion was seconded by Ms.
Baker and carried 6/0.

MOTION: Ms. Baker made a motion to approve the SERC as presented. The motion was
seconded by Ms. Hellman and carried 6/0.

                   64B17-7.0027 - Procedure for Compliance with Board Ordered Laws and
                    Rules Exam
Board of Physical Therapy Practice
General Board Meeting and Rules Review
November 5-6, 2009
Page 6 of 28
                   64B17-7.002 – Citations

64B17-7.002 Citations.
    (1) “Citation” means an instrument which meets the requirements set forth in Section
456.077, F.S., and which is served upon a licensee for the purpose of assessing a penalty in an
amount established by this rule. All citations will include a requirement that the subject correct
the violation, if remediable, within a specified period of time not to exceed 60 days, and impose
whatever obligations will remedy the offense., If the violation is not corrected, or is disputed, the
Department shall follow the procedure set forth in Section 456.073, F.S.
    (2) The Department may issue a citation to the subject within six months after the filing of
the complaint which is the basis for the citation.
    (3) The Board designates the following as citation violations:
    (a) Advertising for discounted services (Section 456.062, F.S.) – A fine of $250.
    (b) Failure to turn over patient records (Section 456.057, F.S.) – A fine of $100.
    (c) Obtaining a license by issuing a bad check (Section 456.072(1)(h), F.S.) – A fine of
$100.
    (d) Failure to report in writing to the Board after criminal conviction of licensee (Section
456.072(1)(w), F.S.) – A fine of $250.
    (e) Failure of the licensee to satisfy continuing education requirements established by the
Board (Rule 64B17-9.001, F.A.C.):
    1. Fines:
    a. Failure to complete less than 9 hours. -A fine of $300.
    b. Failure to complete between 9 and 16 hours.-A fine of $600.
    c. Failure to complete between 17 and 24 hours.- A fine of $1,000.
    2. Licensee must provide proof of completion of the deficient hours within 60 days of the
date the citation was filed.
    (f) Failure to notify the Board office in writing of a change of address (Rule 64B17-6.004,
F.A.C.) – A fine of $250.
    (g) Failure to comply with a continuing education audit request (Section 486.109(4) and
486.125(1)(k), F.S.) – A fine of $250, and licensee must provide proof of compliance with
continuing education requirements within 60 days of the date the citation was filed.
    (h) Failure to pay required fees and/or fines in a timely manner (Rule 64B17-7.0025, F.A.C.)
– A fine of $150.
    (4) In addition to the penalties established in this rule, the Department shall recover the
costs of investigation in accordance with its rules. The penalty specified in the citation shall be
the sum of the penalty established by this rule plus the Department’s cost of investigation.
    (5) If the subject does not dispute any matter contained in the citation, within thirty days after
service, the citation shall become a final order of the Board.

MOTION: After discussion, Ms. Acuna-Parker made a motion to accept the proposed language
and directed counsel to proceed with rule making procedures. The motion was seconded by Ms.
Middleton and carried 6/0.

MOTION: Ms. Acuna-Parker made a motion to approve the SERC as presented. The motion
was seconded by Ms. Hellman and carried 6/0.

                   64B17-9.001 - Continuing Education



Board of Physical Therapy Practice
General Board Meeting and Rules Review
November 5-6, 2009
Page 7 of 28
64B17-9.001 Continuing Education.

(6) The Board approves for continuing education credit:

(a) Courses sponsored by a program in physical therapy at a college or university which
provides a curriculum for training physical therapists or physical therapist assistants, when
approved by the physical therapy or physical therapy assistants program, which is accredited
by, or has status with an accrediting agency approved by the United States Department of
Education. One semester hour is the equivalent of ten (10) contact hours.

After discussion, the Board asked Ms. Hellman to prepare information to define the difference
between semester and quarter. Discussion concluded that this issue would not be considered
retroactive.

This issue has been tabled for the February 2010 meeting.

        b) The following rules have been noticed:

                   64B17-4.001 - Licensure as a Physical Therapist Assistant by Examination -
                    incorporate new forms
                   64B17-4.001 - Licensure as a Physical Therapist Assistant by Examination -
                    Federation PTA tool
                   64B17-4.003 - Licensure by Endorsement

APPLICANT/LICENSEE RATIFICATION LISTS

Tab 4 CAPTE Accredited Applicants

                   Examination/Endorsement Applicants – PT

MOTION: Ms. Middleton made a motion to ratify the list of physical therapists for licensure by
examination/endorsement, 166 in number starting with Mauro Abreu and ending with Brita
Zuehlke. Upon successful completion of the National Physical Therapy Exam and/or the Florida
Laws and Rules Exam, shall be licensed. The motion was seconded by Ms. Baker and carried
6/0.
               Examination/Endorsement Applicants – PTA

MOTION: Ms. Middleton made a motion to ratify the list of physical therapist assistants for
licensure by examination/endorsement, 136 in number starting with Marquita Alexis and ending
with Rebecca Weir. Upon successful completion of the National Physical Therapy Exam and/or
the Florida Laws and Rules Exam, shall be licensed. The motion was seconded by Ms. Hellman
and carried 6/0.

Tab 5 Foreign Trained Applicants

                   August 21, 2009

MOTION: Ms. Hellman made a motion to approve the ratification spreadsheet as presented.
The approved applicants’ education is substantially equivalent to the first professional degree in
physical therapy in the United States. Upon passing the National Physical Therapy Exam and/or
Board of Physical Therapy Practice
General Board Meeting and Rules Review
November 5-6, 2009
Page 8 of 28
the Florida Laws and Rules Exam, they shall be licensed. The motion was seconded by Ms.
Baker and carried 6/0.

The Board clarified that Paul Swart and Lakshmi Shankar were not approved with this
spreadsheet as their applications will be individually considered.

                   September 9, 2009

MOTION: Ms. Hellman made a motion to approve the ratification spreadsheet as presented.
The approved applicants’ education is substantially equivalent to the first professional degree in
physical therapy in the United States. Upon passing the National Physical Therapy Exam and/or
the Florida Laws and Rules Exam, they shall be licensed. The motion was seconded by Ms.
Baker and carried 6/0.

                   October 9, 2009

MOTION: Ms. Hellman made a motion to approve the ratification spreadsheet as presented.
The approved applicants’ education is substantially equivalent to the first professional degree in
physical therapy in the United States. Upon passing the National Physical Therapy Exam and/or
the Florida Laws and Rules Exam, they shall be licensed. The motion was seconded by Ms.
Baker and carried 6/0.

The Board clarified that Pooja Arora, Luciana Lopes and Karina Nieto-Antonione were not
approved with this spreadsheet as their applications will be individually considered.

Tab 6 Current Licensees

                   Voluntary Relinquishment

MOTION: Ms. Acuna-Parker made a motion to ratify the voluntary relinquishment list of physical
therapists and physical therapist assistants, 12 in number starting with Joyce Lawson and
ending with Sharon Kaplan. The motion was seconded by Ms. Hellman and carried 6/0.

REPORTS

Tab 7 Chair Report

The Chair did not have a report.

Tab 8 Executive Director Report

                   Cash Balance Report
                   Board Expenditures
                   Cash Balance Projections

The above items were informational only.

APPROVAL OF MINUTES

Tab 9 Board of Physical Therapy Minutes
Board of Physical Therapy Practice
General Board Meeting and Rules Review
November 5-6, 2009
Page 9 of 28
                 August 13-14, 2009 Board Meeting

Ms. Baker noted on page 10, line 17, the minutes reflected that she moved and seconded the
same motion. The corrected minutes should reflect that Ms. Acuna-Parker seconded the motion.

Ms. Acuna-Parker noted on page 11, line 1, the minutes reflected that she moved and seconded
the same motion. The corrected minutes should reflect that Ms. Baker seconded the motion.

MOTION: Ms. Baker made a motion to approve the minutes as presented with corrections. The
motion was seconded by Ms. Hellman and passed with a 6/0 vote.

NEW BUSINESS

Tab 10 FSBPT Annual Meeting Overview

Mr. Hall provided the Board with an overview of the annual Federation of State Boards of
Physical Therapy (FSBPT) meeting. Mr. Hall informed the Board of an ethics course offered by
the FSBPT. The Board discussed the possibility of requiring licensees to take this course as
part of their disciplinary requirements.

This item will be placed on the February 2010 agenda so Ms. Babb may discuss her attendance
at this meeting.

Tab 11 Laws and Rules Examination Title

The following issues regarding the Florida laws and rules exam has been brought to staff’s
attention:

       The exam is referred to both the Florida laws and rules exam and the Jurisprudence
        Exam in the rules and the applications. It was suggested to be consistent with the title.
        Staff refers to this exam as the Florida laws and rules exam.

       The word “portion” should be deleted on page 3, third paragraph, as this is one exam
        and not a part of another exam.

       The physical therapy website refers the laws and rules booklet to “Study Guide and
        Laws and Rules”. It was suggested that if we are going to call it a study guide, that title
        should be somewhere.

       The rules that reference the Florida laws and rules exam are as follows: 64B17-2.001(4),
        64B17-2.001(8), 64B17-5.001(3), 64B17-7.0027 and 64B17-9.001(6)(f)

       The rules that reference the jurisprudence exam are as follows: 64B17-3.002(4), 64B17-
        3.002(4)(b), 64B17-4.002(4), 64B17-4.002(4)(b) and 64B17-7.001(1)

MOTION: Ms. Hellman made a motion to change the name from the Florida jurisprudence
examination to the Florida laws and rules examination in Rule 64B17-7.001. The motion was
seconded by Ms. Middleton and passed with a 6/0 vote.

Board of Physical Therapy Practice
General Board Meeting and Rules Review
November 5-6, 2009
Page 10 of 28
Other applicable rules were discussed in tab 2.

Tab 12 Presentations to PT and PTA Programs

Ms. Acuna-Parker discussed with the Board the possibility of giving presentations to students at
PT and PTA programs and/or inviting the program directors to the board meetings.

In the past, the Board has invited the program directors to the Thursday evening meeting to give
the directors the opportunity to ask the Board any questions and for the Board to advise them of
the application process.

The Board discussed inviting program directors to future board meetings via email and based
on availability of a Board member, a representative of the Board can visit Florida schools by
request.

Tab 13 Ratification List Proposal

When an applicant’s file expires, they are required to submit a new application. Currently, board
staff does not place these new applications on a ratification list as the applicant has previously
been ratified by the Board. The new application is reviewed and approved by the Program
Administrator.

Even though the applicant has previously been ratified by the Board, they are applying again
with a new application so staff feels like it would be better practice to begin placing them on a
ratification list so their new application can be ratified by the Board.

Foreign Trained Process Proposal:

Program Administrator reviews and approves new application. Application processor adds name
to Foreign Spreadsheet and checks “Previously Approved by Education Liaison (EL)”. The
application and documents will not be submitted to the EL, as they have been previously
reviewed. The processor then will process and submit their eligibility to the FSBPT for testing.
The Foreign Spreadsheet is presented at each meeting to be ratified by the Board.

US Trained Process Proposal:

Program Administrator reviews and approves new application. Application processor adds
applicant on the weekly certification list which is ratified by the Board.

MOTION: Ms. Hellman made a motion to approve the proposed changes. The motion was
seconded by Ms. Middleton and carried 6/0.

Tab 14 Professionals Resource Network (PRN) Discussion

A member of the Probable Cause Panel requested the Board discuss the process of PRN
notifying the Department when an impaired licensee is not adhering to their agreed upon
contract.

This matter was tabled to November 6, 2009 until a representative from PRN was present.
Board of Physical Therapy Practice
General Board Meeting and Rules Review
November 5-6, 2009
Page 11 of 28
OTHER BUSINESS AND INFORMATION

Tab 15 Exam Statistics - FYI

Tab 16 PRN Monthly Report - FYI

Tab 17 Board Recognition - FYI

Tab 18 Staff Recognition - FYI

Tab 19 Physiotherapy Evidence Database

A physiotherapy organization in Australia wrote to the board, requesting financial support of
their program, PEDro (Physiotherapy Evidence Database). They are requesting support in the
sum of AU$1 (US $.85) per member, per year.

After discussion, it was agreed upon that the Board is not in a position to fund the Physiotherapy
Evidence Database.

Tab 20 Request for Opinion from Dutton Law Group

The Dutton Law Group is seeking the Board’s opinion on the practice of massage therapists
who seem to be billing and practicing techniques as physical therapists. Dutton’s client, GMAC
Insurance, is concerned that their insured consumers are receiving physical therapy treatments
from massage therapists.

After discussion, the Board concluded they are not able to form a formal opinion without a
Declaratory Statement. Ms. Donna Erlich, Department of Health Assistant General Counsel,
contacted Dutton law group on October 27, 2009 with instructions for filing a Declaratory
Statement.



Tab 21 Agency for Healthcare Administration – Home Health Rule

This was tabled to the Friday, November 6, 2009 meeting agenda.

There being no further business, the meeting adjourned at 8:34p.m.




Board of Physical Therapy Practice
General Board Meeting and Rules Review
November 5-6, 2009
Page 12 of 28
                                   DEPARTMENT OF HEALTH
                                 MEDICAL QUALITY ASSURANCE
                                 BOARD OF PHYSICAL THERAPY
                                 GENERAL BUSINESS MEETING
                                   GENERAL RULES REVIEW
                                     November 5 – 6, 2009
                                          MINUTES

                                      Marriott Tampa Airport
                                    Tampa International Airport
                                        Tampa, FL 33607
                                      Phone: (813) 879-5151


November 6, 2009 – 8:00 a.m.
The minutes reflect the actual sequence of events rather than the original agenda order.
Board of Physical Therapy Practice
General Board Meeting and Rules Review
November 5-6, 2009
Page 13 of 28
Call the Meeting to Order and ROLL CALL:
Chauncey Belser, Chair, called the general business meeting to order at approximately 8:00
a.m. Those present for all or part of the meeting, included the following:

MEMBERS PRESENT                                     BOARD COUNSEL
Chauncey Belser, Chair, PT                          Allison Dudley, Board Counsel,
Madeleine Hellman, PT, MHM, Ed.D                    Assistant Attorney General Office
Violeta Acuna-Parker, PT
Jack Rust, PT                                       STAFF PRESENT
                                                    Allen Hall, Executive Board Director
CONSUMER MEMBERS                                    Jessica Sapp, Program Administrator
Marilyn Middleton                                   Amanda Bowen, Regulation Specialist II
Karen Baker
                                                    PROSECUTING ATTORNEY
MEMBERS ABSENT                                      Howard Holtzendorf, Prosecuting Attorney,
Amy Babb, Vice Chair, DPT                           DOH Prosecution Services

COURT REPORTER
Dempster & Berryhill Court Reporting
Carmen Snapp
501 East Kennedy, Suite 775
Tampa, FL 33602
(813) 229-8225
(813) 229-8722 FAX

Also in attendance, Ms. Ana Mieres, Assistant Professor with the University of South Florida,
and her third year Doctorate of Physical Therapy students.




DISCIPLINARY PROCEEDINGS

MOTION FOR SETTLEMENT AGREEMENT

Tab 1 Diana Gail McKay, Case No. 2009-02737
      (PCP – Babb and Watson)

Respondent was present and sworn in by the court reporter.

Mr. Holtzendorf summarized the case for the Board. Respondent was charged with the following
violation: Section 486.125(1)(k) and Section 456.072(1)(q), Florida Statutes (2008), by violating
a lawful order of the Department or the Board.

The case was presented as a Settlement Agreement that would impose the following:
              Appearance
              Letter of Concern
              Fine of $1,000.00.
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General Board Meeting and Rules Review
November 5-6, 2009
Page 14 of 28
                   Costs in the amount of $607.95 to be paid within thirty (30) days of the filing
                    of the Final Order.
                   Successful completion of laws and rules examination within twelve (12)
                    months of the filing of the Final Order.
                   Suspension until Respondent successfully completes 2 hours of Medical
                    Errors, and provides proof of completion of the continuing education credits.

Respondent provided proof of 2 hours of Medical Errors at the meeting; therefore license will not
be suspended.

The previous citation has been paid and continuing education hours have been completed.

MOTION: After discussion, Mr. Rust made a motion to accept the Settlement Agreement. The
motion was seconded by Ms. Middleton and carried 6/0.

MOTION: Ms. Baker made a motion to assess the costs of $607.95 to be paid within thirty (30)
days of the filing of the Final Order. The motion was seconded by Ms. Acuna-Parker and carried
6/0.

Tab 2 Lilibeth Y. Co, Case No. 2008-27667
      (PCP – Babb, Candela, Hughes)

Respondent was not present nor represented by legal counsel.

Mr. Holtzendorf summarized the case for the Board. Respondent was charged with the following
violation: Section 486.125(1)(k) and Section 456.072(1)(q), Florida Statutes (2008), by violating
a lawful order of the Department or the Board.

Ms. Co passed the Florida laws and rules exam on October 17, 2009.

The case was presented as a Settlement Agreement that would impose the following:
              Letter of Concern
              Current costs in the amount of $993.91.
              Successful completion of the Florida laws and rules exam to be completed
                 within twelve (12) months of the filing of the Final Order.
              Suspension until Respondent successfully completes Florida laws and rules
                 exam, completes 2 hours of Medical Errors, and provides proof of completion
                 of 24 continuing education credits.

MOTION: After discussion, Ms. Hellman made a motion to accept the Settlement Agreement
and assess the costs of $993.91. The motion was seconded by Ms. Middleton and carried 6/0.

Tab 3 Louis Millis, Case No. 2009-02739
      (PCP – Babb, Candela, Hughes)

Respondent was not present nor represented by legal counsel.




Board of Physical Therapy Practice
General Board Meeting and Rules Review
November 5-6, 2009
Page 15 of 28
Mr. Holtzendorf summarized the case for the Board. Respondent was charged with the following
violation: Section 486.125(1)(k) and Section 456.072(1)(q), Florida Statutes (2008), by violating
a lawful order of the Department or the Board.

The case was presented as a Settlement Agreement that would impose the following:
              Appearance
              Letter of Concern
              Fine of $1,000.00 to be paid within thirty (30) days of the filing of the Final
                 Order.
              Current costs in the amount of $1,332.00
              Successful completion of the Florida laws and rules exam to be completed
                 within (twelve) 12 months of the filing of the Final Order.

MOTION: Ms. Baker moved to continue this matter to the February 5, 2010 board meeting as
the licensee did not sign the Settlement Agreement and was not present. The motion was
seconded by Ms. Hellman and carried 6/0.

INFORMAL HEARING NOT INVOLVING DISPUTED ISSUES OF MATERIAL FACT

Tab 4 Yolanda Barona, Case No. 2009-02738
      (PCP – Babb, Watson, Bumgarner)

Respondent was present and sworn in by the court reporter.

Mr. Holtzendorf summarized the case for the Board. Respondent was charged with the following
violation: Section 486.125(1)(k) and Section 456.072(1)(q), Florida Statutes (2008), by violating
a lawful order of the Department or the Board.

MOTION: Ms. Hellman made a motion to find the defendant was properly served with the
complaint and has elected an informal hearing proceeding on the Election of Rights notice. The
motion was seconded by Ms. Baker and carried 6/0.

MOTION: Ms. Baker made a motion to accept the findings of fact and the conclusions of laws
as set forth in the Administrative Complaint. The motion was seconded by Ms. Hellman and
passed with a 6/0 vote.
MOTION: Ms. Baker made a motion to find that respondent violated the physical therapy
practice act as charged in the Administrative Complaint. The motion was seconded by Ms.
Hellman and passed with a 6/0 vote.

MOTION: Ms. Hellman made a motion to accept into the record and evidence the Department’s
investigative file inclusive of all documentation provided to the Board both through their material
as provided. The motion was seconded by Ms. Baker and passed with a 6/0 vote.

MOTION: After discussion, Ms. Middleton made a motion to impose the following penalties:

             Fine and costs have been waived due to financial difficulty
             Letter of concern
             Suspension stayed until verification of approved continuing education hours within
              sixty (60) days

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General Board Meeting and Rules Review
November 5-6, 2009
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             Registration for the Florida laws and rules exam within sixty (60) days and obtain a
              passing score within (twelve) 12 months

The motion was seconded by Ms. Baker and carried with a 6/0 vote.

Tab 5 John Mulfinger, Case No. 2009-02161
      (PCP – Babb, Watson)

Respondent was present and sworn in by the court reporter.

Mr. Holtzendorf summarized the case for the Board. Respondent was charged with the following
violation: Section 486.125(1)(k) and Section 456.072(1)(q), Florida Statutes (2008), by violating
a lawful order of the Department or the Board.

MOTION: Ms. Baker made a motion to find the defendant was properly served with the
complaint and has elected an informal hearing proceeding on the Election of Rights notice. The
motion was seconded by Ms. Acuna-Parker and carried 6/0.

MOTION: Ms. Baker made a motion to accept the findings of fact and the conclusions of laws
as set forth in the Administrative Complaint. The motion was seconded by Ms. Middleton and
passed with a 6/0 vote.

MOTION: Ms. Acuna-Parker made a motion to accept into the record and evidence the
Department’s investigative file inclusive of all documentation provided to the Board both through
their material as provided. The motion was seconded by Ms. Hellman and passed with a 6/0
vote.

MOTION: After discussion, Ms. Baker made a motion to impose the following penalties:

       Compliance with the previous Final Order within six (6) months
       Letter of concern
       Registration with the Florida laws and rules exam within sixty (60) days and obtain a
        passing score within twelve (12) months
       Costs of $521.42 to be paid within six (6) months

The motion was seconded by Ms. Hellman and carried with a 6/0 vote.

MOTION FOR DETERMINATION OF WAIVER AND ENTRY OF FINAL ORDER FOLLOWING
HEARING

Tab 6 Emma Q. Dapul, Case No. 2008-27683
      (PCP – Babb, Candela, Hughes)

Respondent was not present nor represented by legal counsel.

Mr. Holtzendorf summarized the case for the Board. Respondent was charged with the following
violation: Section 486.125(1)(k) and Section 456.072(1)(q), Florida Statutes (2008), by violating
a lawful order of the Department or the Board.


Board of Physical Therapy Practice
General Board Meeting and Rules Review
November 5-6, 2009
Page 17 of 28
MOTION: Ms. Baker made a motion to find respondent was properly notified of the
Administrative Compliant. The motion was seconded by Ms. Acuna-Parker and passed with a
6/0 vote.

MOTION: Ms. Hellman made a motion to find the respondent failed to timely respond thus,
making a waiver of her rights to choose or elect the manner in which this case proceeds. The
motion was seconded by Ms. Baker and carried 6/0.

MOTION: Ms. Baker made a motion to accept the findings of fact and the conclusions of laws
as set forth in the Administrative Complaint. The motion was seconded by Ms. Hellman and
passed with a 6/0 vote.

MOTION: Ms. Hellman made a motion to find the respondent in violation of Florida Statutes as
charged in the Administrative Complaint. The motion was seconded by Ms. Acuna-Parker and
passed with a 6/0 vote.

MOTION: Ms. Hellman made a motion to accept into the record and evidence the Department’s
investigative file inclusive of all documentation provided to the Board through their material as
provided as for the purposes of determining penalties. The motion was seconded by Ms. Baker
and passed with a 6/0 vote.

MOTION: After discussion, Ms. Acuna-Parker made a motion to impose the following penalties:

       Letter of concern
       Fine of $1,000
       Costs of $261.15
       Previous fine and costs of $1,294.21
       Registration and passing score on the Florida laws and rules exam.
       The License is indefinitely suspended until all terms are completed
       Board appearance prior to termination of suspension.

The motion was seconded by Ms. Hellman and passed with a 6/0 vote.

Tab 7 Kerry A. Fitzgerald, Case No. 2009-02741
      (PCP – Babb, Watson)

Respondent was present and sworn in by the court reporter.

Mr. Holtzendorf summarized the case for the Board. Respondent was charged with the following
violation: Section 486.125(1)(k) and Section 456.072(1)(q), Florida Statutes (2008), by violating
a lawful order of the Department or the Board.

MOTION: Ms. Hellman made a motion to find respondent was properly notified of the
Administrative Compliant. The motion was seconded by Ms. Baker and carried 6/0.

MOTION: Ms. Hellman made a motion to accept the findings of fact and the conclusions of laws
as set forth in the Administrative Complaint. The motion was seconded by Ms. Acuna-Parker
and passed with a 6/0 vote.


Board of Physical Therapy Practice
General Board Meeting and Rules Review
November 5-6, 2009
Page 18 of 28
MOTION: Ms. Hellman made a motion to find the respondent in violation of Florida Statutes as
charged in the Administrative Complaint. The motion was seconded by Ms. Acuna-Parker and
passed with a 6/0 vote.

MOTION: Ms. Hellman made a motion to accept into the record and evidence the Department’s
investigative file inclusive of all documentation provided to the Board through their material as
provided as for the purposes of determining penalties. The motion was seconded by Ms. Acuna-
Parker and passed with a 6/0 vote.

MOTION: After discussion, Ms. Acuna-Parker made a motion to impose the following penalties:

        Letter of concern
        Compliance with previous Final Order: complete the remaining 2.5 continuing education
         hours within sixty (60) days, pay previous fine and costs within twelve (12) months
        Register for the Florida laws and rules exam within sixty (60) days and pass within
         twelve (12) months
        Assess current costs of $1,066.06 to be paid within twelve (12) months.

The motion was seconded by Ms. Hellman and passed with a 6/0 vote.

Ms. Fitzgerald is not required to reappear before the full Board once her requirements have
been completed.

REPORT

Tab 8 Prosecuting Attorney Report

Mr. Holtzendorf presented the prosecutor’s report.




        BOARD OF PHYSICAL THERAPY PRACTICE NOVEMBER 2009 PROSECUTION REPORT

                                            October       August        May 5,       October
                                           12, 2009*     10, 2009       2009          2008
 Total number of cases and
                                                46           43            50            30
 complaints as of October 12, 2009:
 Total Number of complaints not yet
                                                21           14            32            13
 reviewed by probable cause:
 Total number of complaints drafted
                                                12            8            21             6
 for probable cause:
 Total number of cases where PC
                                                20           19            14            17
 was found:
 Emergency Action Cases:                         2            3              0            1
 Waiver of probable cause:                       0            0              1            0
Board of Physical Therapy Practice
General Board Meeting and Rules Review
November 5-6, 2009
Page 19 of 28
 Total litigation requested or at
                                             3           0                   1            1
 DOAH:
 Total Appeals open:                         1           0                   0            0
 Holding status:                             0           0                   1            1
 Pre PC, post PC supplementals
                                            12          14                   9            3
 requested and/or received:
 Awaiting final order                        0           0                   0            6
 Other (Intake and Re-opened
                                             2           0                   0            0
 cases)
 Total:                                     46
* Includes 10 cases that will be heard on October 20, 2009 agenda

Total Number of Cases Older Than One Year:
             October 12,                                   May 5,      October September
                             August 10, 2009
                2009                                       2009         2008     2008
   2005:          0                 1                        0            1        1
   2006:          1                 1                        1            2        2
   2007:          2                 2                        2            2        7
   2008           7                 6                        4          N/A       N/A
   Total:        10                10                        7            5       10

Adjusted Total Number of Cases Older Than One Year to Show Reduction in Last Year
                                                October 12, 2009
                               2005:                   -1
                               2006:                   -1
                               2007:                    0
   Total Reduction In Last Year:                       -6
   Thank you.


REQUEST FOR REINSTATEMENT

Tab 9 Gregory Idell, PT 20008, Case No. 2007-04763

Respondent was present and sworn in by the court reporter. Jon M. Pellett, Esquire, was
present to represent the Respondent. Dr. Pomm, representative from PRN, was present and
sworn in by the court reporter.

Respondent was charged with a two (2) count violation. Count one (1): Violation of Section
486.125(1)(g), Florida Statutes (2003), by having had disciplinary action taken against him by
the licensing authority of another state (in 2003). Count two (2): Violation of Section
486.125(1)(g), Florida Statutes (2006), by having had disciplinary action taken against him by
the licensing authority of another state (in 2006).

Mr. Idell signed a Voluntary Agreement to Withdraw from Practice effective June 2006 as a
physical therapist in the state of Florida.
Board of Physical Therapy Practice
General Board Meeting and Rules Review
November 5-6, 2009
Page 20 of 28
Case No. 2007-04763 came before the Board September 14, 2007 in which the Board voted to
adopt the Settlement Agreement. Mr. Idell was ordered to pass the Florida laws and rules exam
which was completed July 15, 2008; pay a $3,000 fine and costs in the amount of $1,086.44,
both to be paid within six (6) months of the date that the Board reinstate Respondent’s practice
privileges.

Mr. Idell is requesting reinstatement of his license, removal of the Voluntary Withdrawal from
Practice and an extension of the administrative fees that were imposed to be due no later than
eighteen (18) months from the date he is reinstated.

Mr. Idell has recently undergone an evaluation through Professionals Resource Network (PRN)
and PRN has cleared him to return to practice.

Dr. Pomm explained the established contract between PRN and Mr. Idell. The current PRN
contract, which began September 2007, runs for 5 years. Previous Settlement Agreement calls
for five (5) years of probation if the license is reinstated. Dr. Pomm amended Mr. Idell’s contract
with PRN to run for one (1) year after his probation ends, once his Physical Therapist license is
reinstated.

Mr. Pellet requested quarterly reports to be submitted on Mr. Idell’s behalf. The Board granted
this request.

MOTION: Ms. Baker made a motion to reinstate Mr. Idell’s license with the following conditions:

       License shall be placed on probation for five (5) years and licensee shall comply with all
        terms outlined in signed Settlement Agreement.
       If employer is a licensed Physical Therapist, employer is to submit quarterly reports to
        include documentation, billing practices and proof of competency and professionalism
        regarding patient care. If employer is not a licensed Physical Therapist, a monitor
        approved by the Board Chair must submit the quarterly reports.
       An extension of twelve (12) months to pay the fine and costs from the date of
        reinstatement.

The motion was seconded by Ms. Hellman and carried 6/0.

Tab 14 Professionals Resource Network (PRN) Discussion

This item was tabled from the November 5, 2009 agenda.

A member of the Probable Cause Panel requested the Board discuss the process of PRN
notifying the Department when an impaired licensee is not adhering to their agreed upon
contract.

Dr. Pomm, representative from PRN, addressed the Board to discuss policies regarding missed
drug screenings before the Board is notified. PRN policy states that after one (1) missed
appointment or one (1) positive testing result, the Board is notified.

REQUEST FOR MODIFICATION OF FINAL ORDER

Board of Physical Therapy Practice
General Board Meeting and Rules Review
November 5-6, 2009
Page 21 of 28
Tab 10 Hubert Marquez, PTA 19409, Case No. 2006-25733

Mr. Marquez was not present nor represented by legal counsel.

Mr. Marquez submitted a withdrawal of his request for modification. The Board acknowledged
his request.

PETITION FOR VARIANCE OR WAIVER OF RULE

Tab 11 Paula Mayorga

Ms. Mayorga was present and sworn in by the court reporter.

        a)      Petition for Variance or Waiver of Rule 64B17-3.001(4)(j)

Ms. Mayorga is requesting the Board to waive Rule 64B17-.3001(4)(j), F.A.C., the speaking
portion of the iBT TOEFL. She has taken the TOEFL seven times and has yet to pass the
Speaking portion of the exam. On December 12, 2008, she passed the Reading, Listening, and
Writing components.

The Board established Ms. Mayorga demonstrated reasonable English speaking proficiency.
Her total score on the iBT TOEFL exam was higher than the minimum passing score and all
other sections of the exam have been passed.

MOTION: After discussion, Ms. Acuna-Parker made a motion to approve Ms. Mayorga’s Petition
for Waiver of Rule 64B17-3.001. The motion was seconded by Ms. Hellman and carried 6/0.

        b)      Application by Examination

MOTION: After discussion, Ms. Hellman made a motion to approve Ms. Mayorga’s application
for licensure and to certify her to sit for the National Physical Therapy Exam and the Florida
Laws and Rules Exam. Upon a passing score on the exams shall be licensed. The motion was
seconded by Ms. Baker and carried 6/0.

Tab 12 Anthony Kurrant

Mr. Kurrant was present and sworn in by the court reporter.

        a)      Petition for Variance or Waiver of Rule 64B17-3.001

Mr. Kurrant has filed a petition for Rule 64B17-3.003(j) regarding English proficiency for foreign
trained applicants. He is also requesting that the board accept a notarized copy of the original
credential evaluation prepared by ICD in 1992, for the purpose of obtaining a Physical Therapist
license in the state of New Jersey.

The Board established that Mr. Kurrant demonstrated reasonable English speaking proficiency
as English is his native language, though not his language of instruction.

MOTION: After discussion, Ms. Baker made a motion to approve Mr. Kurrant’s Petition for
Waiver of Rule 64B17-3.001. The motion was seconded by Ms. Hellman and carried 6/0.
Board of Physical Therapy Practice
General Board Meeting and Rules Review
November 5-6, 2009
Page 22 of 28
        b)      Application by Endorsement

The Board accepted the notarized copy of Mr. Kurrant’s credential evaluation as this evaluation
shows sufficient education.

MOTION: After discussion, Ms. Baker made a motion to approve Mr. Kurrant’s application for
licensure and to certify him to sit for the Florida Laws and Rules Exam. Upon a passing score
on the exam shall be licensed. The motion was seconded by Ms. Hellman and carried 6/0.

Tab 13 Nicole Nicademo, PT by Endorsement

Ms. Nicademo was present and sworn in by the court reporter.

        a)      Petition for Variance or Waiver of Rule 64B17-3.001

Ms. Nicademo is requesting waiver of Rule 64B17-3.001(j). She has not passed the TOEFL
exam. She states she is experiencing financial and emotional difficulties related to her spouse
being ill and having to care for him. She states she is currently employed, however the pay is
minimal and does not meet her financial obligations.

After discussion, the Board established Ms. Nicademo’s low TOEFL scores do not demonstrate
English proficiency.

MOTION: After discussion, Ms. Acuna-Parker made a motion to deny Ms. Nicademo’s Petition
for Waiver of Rule 64B17-3.001. The motion was seconded by Ms. Hellman and carried 6/0.

        b)      Application by Examination

MOTION: After discussion, Ms. Hellman made a motion to deny Ms. Nicodemo’s application for
licensure as she does not meet the English proficiency requirement. The motion was seconded
by Mr. Rust and carried 6/0.


INDIVIDUAL CONSIDERATION

Tab 14 Paul Swart, PT by Endorsement

Mr. Swart was present and sworn in by the court reporter.

Mr. Swart’s application was reviewed and not approved by the Education Liaison on August 25,
2009. According to his FCCPT credential evaluation, he lacks the following general credits: 1
course in Humanities and 1 course in Social Sciences. He also lacks the following professional
credits: Integumentary and Cardiopulmonary Systems Evaluation; and Education Techniques.

MOTION: After discussion, Ms. Acuna-Parker made a motion to approve Mr. Swart’s application
for licensure and to certify him to sit for the Florida Laws and Rules Exam and upon a passing
score on the exam shall be licensed. The motion was seconded by Ms. Baker and carried 6/0.

Tab 15 Pooja Arora PT by Endorsement
Board of Physical Therapy Practice
General Board Meeting and Rules Review
November 5-6, 2009
Page 23 of 28
Ms. Arora was not present nor represented by legal counsel.

Ms. Arora’a file was not approved per the October 9, 2009 education review, due to lack of
required educational course content. She lacks 1 course in Physical Science: 1 course in
Physics II with Laboratory. The applicant states she has completed the required course content
and requested the official transcripts to be presented to the board office.

MOTION: After discussion, Ms. Hellman made a motion to deny Mrs. Arora’s application for
licensure as she is not equivalent to a US physical therapist degree. The motion was seconded
by Ms. Baker and carried 6/0.

Tab 16 Luciana Lopes PT by Endorsement

Ms. Lopes was present and sworn in by the court reporter.

Ms. Lopes’ file was not approved per the October 9, 2009 education review, due to lack of
passing the speaking and reading portion of the TOEFL exam, required for licensure in Florida.

MOTION: After discussion, Ms. Baker made a motion to approve Ms. Lopes’ application for
licensure and to certify her to sit for the Florida Laws and Rules Exam and upon a passing score
on the exam shall be licensed. The motion was seconded by Ms. Middleton and carried 6/0.

Tab 17 Karina Nieto-Antonione PT by Endorsement

Ms. Nieto-Antonione was present and sworn in by the court reporter.

Ms. Nieto-Antonione was not approved per the October 9, 2009 education review, due to lack of
required educational content. She lacks 1 course in General Education: 1 course in Chesimtry I
with laboratory.

MOTION: After discussion, Mr. Rust made a motion to approve Ms.Nieto-Antonione’s
application for licensure and to certify her to sit for the Florida Laws and Rules Exam and upon
a passing score on the exam shall be licensed. The motion was seconded by Ms. Hellman and
carried 5/1.

Ms. Middleton was excused for the remainder of the meeting.

PERSONAL APPEARANCE FOR INITIAL APPLICATION

Tab 18 Kenton Kennedy, PTA by Examination

Mr. Kennedy was present and sworn in by the court reporter. He was requested to appear due
to an affirmative answer to question 8(a) in the criminal history category of the initial application.

MOTION: After discussion, Ms. Acuna-Parker made a motion to approve Mr. Kennedy’s
application for licensure and to certify him to sit for the National Physical Therapy Exam and the
Florida laws and rules exam and upon a passing score on the exams shall be licensed. The
motion was seconded by Mr. Rust and carried with a 5/0 vote.

Board of Physical Therapy Practice
General Board Meeting and Rules Review
November 5-6, 2009
Page 24 of 28
Tab 19 Jason Kimber, PTA by Examination

Mr. Kimber was present and sworn in by the court reporter. He was requested to appear due to
an affirmative answer to question 8(a) in the criminal history category of the initial application.

MOTION: After discussion, Ms. Hellman made a motion to approve Mr. Kimber’s application for
licensure and to certify him to sit for the National Physical Therapy Exam and the Florida laws
and rules exam and upon a passing score on the exams shall be licensed. The motion was
seconded by Ms. Hellman and carried with a 5/0 vote

Tab 20 John Ponder, PTA by Examination

Mr. Ponder was present and sworn in by the court reporter. He was requested to appear due to
an affirmative answer to question 10(a) and 10(b) in the disciplinary history category of the initial
application.

MOTION: After discussion, Ms. Acuna-Parker made a motion to approve Mr. Ponder’s
application for licensure and to certify him to sit for the National Physical Therapy Exam and the
Florida laws and rules exam and upon a passing score on the exams shall be licensed. The
motion was seconded by Mr. Rust and carried with a 5/0 vote

Tab 21 Rodney Daniels, PTA by Examination

Mr. Daniels was present and sworn in by the court reporter. He was requested to appear due to
an affirmative answer to question 8(a) in the criminal history category of the initial application.

MOTION: After discussion, Ms. Acuna-Parker made a motion to approve Mr. Daniels’
application for licensure and to certify him to sit for the National Physical Therapy Exam and the
Florida laws and rules exam and upon a passing score on the exams shall be licensed. The
motion was seconded by Mr. Rust and carried with a 5/0 vote.

If Mr. Daniels files an application for exemption with no future criminal, personal or disciplinary
charges, he is not required to reappear before the full Board.
Tab 22 Kathleen Brooks, PT by Examination

Ms. Brooks was not present. She was requested to appear due to an affirmative answer to
question 8(a) in the criminal history category of the initial application.

Ms. Brooks has requested to withdraw her application.

MOTION: Ms. Baker made a motion to accept Ms. Brooks’ withdrawal request. The motion was
seconded by Ms. Acuna-Parker and carried 5/0.

Tab 23 Abdallah Hasan, PT by Endorsement

This tab was tabled to the end of this agenda.

REQUEST FOR CONSIDERATION OF EXEMPTION FOR DISQUALIFICATION FROM
EMPLOYMENT


Board of Physical Therapy Practice
General Board Meeting and Rules Review
November 5-6, 2009
Page 25 of 28
Tab 24 Paula Massey, PT 24645

Ms. Massey was present and sworn in by the court reporter. Ms. Massey has submitted an
application for Exemption from Disqualification to seek employment in a health care setting.
Paula Massey has a Clear/Active Florida license with no discipline history.

Ms. Massey was charged with one count of “marijuana possession” in 1978 and convicted with
a misdemeanor in violation of F.S. 893.13. She was also charged with one count of “shooting
into an occupied building” in 1981 and convicted with a felony in violation of F.S. 790.19.

Ms. Massey was also arrested in 1978 for one count of “engaging in lewdness” in violation of
F.S. 798.02 and in 1981 for “aggravated assault with a weapon” in violation of F.S. 784,
however no charges were filed.

MOTION: After discussion, Ms. Acuna-Parker made a motion to approve Ms. Massey’s
exemption for disqualification from employment. The motion was seconded by Mr. Rust and
carried 5/0.

CONSIDERATION FOR HARDSHIP OF CONTINUING EDUCATION

Tab 25 Sven Riebensahm

Mr. Riebensahm was not present. Heis requesting to be considered under Rule 64B17-
9.001(7), which allows the Board to make continuing education exceptions due to hardships. He
is requesting an extension of time and the ability to complete all 24 required hours through
online/homestudy courses due to financial difficulties.

MOTION: After discussion, Ms. Acuna-Parker made a motion to grant Mr. Riebensahm’s
request with the following allowances: a six (6) month extension for the completion of continuing
education hours ending May 30, 2010 and all hours being from homestudy/online courses. The
motion was seconded by Ms. Hellman and carried with a 5/0 vote.


Tab 26 Carole Durski

Ms. Durski was not present. She is requesting to be considered under Rule 64B17-9.001(7),
which allows the Board to make continuing education exceptions due to hardships. She is
requesting to renew her license before the November 30, 2009 deadline with the courses she
has already completed: six (6) live hours and twenty (20) online hours.

MOTION: After discussion, Ms. Acuna-Parker made a motion to grant Ms. Durski’s request with
the following allowance: additional homestudy/online hours to fulfill her renewal requirement.
The motion was seconded by Ms. Baker and carried with a 5/0 vote.

PERSONAL APPEARANCE FOR INITIAL APPLICATION

Tab 27 Steven Coy, PT by Endorsement



Board of Physical Therapy Practice
General Board Meeting and Rules Review
November 5-6, 2009
Page 26 of 28
Mr. Coy was present and sworn in by the court reporter. He was requested to appear due to an
affirmative answer to questions 8(a) in the criminal history category and 10(a) of the disciplinary
history category of the initial application.

MOTION: After discussion, Ms. Acuna-Parker made a motion to accept Mr. Coy’s application for
licensure and to certify him to sit for the Florida laws and rules exam and upon a passing score
on the exams shall be licensed. The motion was seconded by Mr. Rust and carried with a 5/0
vote.

If Mr. Daniels files an application for exemption with no future criminal, personal or disciplinary
charges, he is not required to reappear before the full Board.

Tab 28 Dahlia Brown, PT 13224

Ms. Brown was present and sworn in by the court reporter. Daphne Brown, Dahlia Brown’s
mother, was present and sworn in by the court reporter to speak on Dahlia’s behalf.

Ms. Brown graduated from her physical therapy program in May 1995 and was licensed as a
physical therapist in Florida in January 1996. In September 1996, she was involved in a motor
vehicle accident where she sustained several injuries including a head injury which resulted in
the loss of her memory. After extensive rehab, she states she began to return to the field of
physical therapy as an aide and as a physical therapist assistant.

She now wants to return to the field practicing as a physical therapist and has found an
employer who is willing to mentor her and assess her skills if required. Her employer is
requesting, from the Board, a letter of guidance.

Ms. Brown has continued to renew her license and her current license status is clear/active with
an expiry date of November 30, 2011.

After discussion, the Board established they can only speak of Ms. Brown’s current Physical
Therapy license which is clear/active. Only her employer can make an evaluation as to her
performance.


Tab 23 Abdallah Hasan, PT by Endorsement

Mr. Hasan was present and sworn in by the court reporter. He was requested to appear due to
an affirmative answer to question 8(a) in the criminal history category of the initial application.

MOTION: After discussion, Ms. Baker made a motion to approve Mr. Hasan’s application for
licensure and to certify him to sit for the Florida laws and rules exam and upon a passing score
on the exams shall be licensed. The motion was seconded by Mr. Rust and carried with a 5/0
vote.

Tab 21 Agency for Healthcare Administration – Home Health Rule

AHCA will be conducting a rules development workshop November 12, 2009 to revise Rule
59A-8, home health agency rules. After reviewing Rules 64B17-6.001(5)(c), PT – PTA

Board of Physical Therapy Practice
General Board Meeting and Rules Review
November 5-6, 2009
Page 27 of 28
Responsibilities and Supervisory Relationships, they have drafted proposed language for the
Board to review and provide and comments or suggestions.

59A-8.0095(6) Physical Therapist and Physical Therapist Assistant

(a) The physical therapist shall be currently licensed in the state, pursuant to Chapter 485, F.S.,
with at least 1 year of experience in physical therapy. The physical therapist assistant shall be
currently licensed in the state, pursuant to Chapter 485, F.S., with at least 1 year of experience
under the supervision of licensed physical therapist.
         1. Services provided by the physical therapist assistant will be provided under the
general supervision of a licensed physical therapist and shall not exceed any of the duties
outlined in this section or in the state rules for physical therapy assistants in 64B17-6, Florida
Administrative Code.
         a. General supervision means the supervision of a physical therapist assistant shall not
require on-site supervision by the physical therapist. The physical therapists shall be accessible
at all times by telecommunication two way communication and shall be within the same
geographic location as the assistant, which enables the physical therapist to be readily available
for consultation during the delivery of care.
         b. The physical therapist should be readily available to the physical therapist assistant
with emphasis placed on directing the assistant through frequent reporting, both verbal and
written and frequent observations of the care rendered to the patient.
(b) The responsibilities of the physical therapist are:
         1. To provide physical therapy services as prescribed by a physician, physician
assistant, or advanced registered nurse practitioner, acting within their scope of practice, which
can be safely provided in the home and assisting the physician, physician assistant, or
advanced registered nurse practitioner in evaluating patients by applying diagnostic and
prognostic muscle, nerve, joint and functional abilities test;
         2. To observe and record activities and findings in the clinical record and report to the
physician, physician assistant, or advanced registered nurse practitioner the patient’s reaction to
treatment and any changes in patient’s condition, or when there are deviations from the plan of
care;
         3. To instruct the patient and caregiver in care and use of physical therapy devices;
         4. To instruct other health team personnel including, when appropriate, home health
aides and caregivers in certain phases of physical therapy with which they may work with the
patient; and
         5. To instruct the caregiver on the patient’s total physical therapy program.

The Board’s concerns regarding the language of the rule are being too restrictive and the
definition of the term “frequent.” The Board appreciated AHCA’s request for input and would like
to be involved on future revisions.

ADJOURNMENT

Being no further business, the Board adjourned at 1:23p.m.




Board of Physical Therapy Practice
General Board Meeting and Rules Review
November 5-6, 2009
Page 28 of 28

								
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