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Laws and Rules: Florida Board of Occupational Therapy

2 Contact Hours
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This peer reviewed course is applicable for the following professions:
Occupational Therapist (OT), Occupational Therapist Assistant (OTA)
This course will be updated or discontinued on or before Saturday, November 9, 2024

Nationally Accredited

CEUFast, Inc. is accredited as a provider of nursing continuing professional development by the American Nurses Credentialing Center's Commission on Accreditation. ANCC Provider number #P0274.

Outcomes

Each biennium and upon initial licensure, clinicians are required to take a course related to the Laws and Rules of Practice for Occupational therapy. Through this course, clinicians will increase awareness and understanding of the laws and rules that direct licensure as a provider of occupational therapy services.

Objectives

Upon completion of this course, clinicians will be able to:

  1. List the regulatory bodies that govern occupational therapy practice and their missions.
  2. Identify the Laws and Rules that govern practice in the state of Florida.
  3. Interpret minimum and maximum penalties for violation of Laws and Rules of occupational therapy in Florida.
  4. Assess recent violations for Florida Occupational Therapists and Occupational Therapy Assistants.
  5. Identify the processes involved in filing complaints against Florida occupational therapy professionals.
CEUFast Inc. and the course planners for this educational activity do not have any relevant financial relationship(s) to disclose with ineligible companies whose primary business is producing, marketing, selling, re-selling, or distributing healthcare products used by or on patients.
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Laws and Rules: Florida Board of Occupational Therapy
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To earn of certificate of completion you have one of two options:
  1. Take test and pass with a score of at least 80%
  2. Reflect on practice impact by completing self-reflection, self-assessment and course evaluation.
    (NOTE: Some approval agencies and organizations require you to take a test and self reflection is NOT an option.)
Author:    Robin Richmond (OT/L BS, MA-CTE)

Regulatory Bodies of Occupational Therapy

Florida Occupational Therapists and Occupational Therapy Assistant clinicians are regulated by three (3) entities: the National Board of Certified Occupational Therapy (NBCOT), the American Occupational Therapy Association (AOTA), and the Florida Board of Occupation Therapy (FLBOT). Each entity has its own mission and guidelines for clinicians and consumers; each entity affects the practice of occupational therapy and has different penalties that may be delivered for failure to meet their standards.

"NBCOTs mission is to serve the public interest in its diversity by advancing just, equitable, and inclusive client care and professional practice through evidence-based certification practices and the validation of knowledge essential for effective and safe practice in occupational therapy"
(NBCOT, n.d.a)

Membership to NBCOT is required when clinicians take the national examination for certification and is needed for initial licensure. With membership as a certificant, the clinician agrees to abide by the rules set forth by NBCOT. After initial licensure, membership as a certificant is voluntary and highly recommended. Failure to follow the rules may result in penalties. However, those penalties may not be monetary, nor will they prevent a clinician from continuing to practice, provided they have not violated the Florida Board of OT (FLBOT) rules.

Similarly, AOTA is a governing body of occupational therapy through programs and activities that are directed toward assuring the quality of services provided by practitioners, improving access to Occupational Therapy healthcare services, and promoting the professional development of the profession by providing resources, setting standards and serving as an advocate to improve health care (AOTA, n.d.a) Membership is voluntary and highly recommended. Like NBCOT, as a member, the clinician agrees to follow the rules established. Failure to comply may result in penalties; however, they will not be monetary, nor will they prevent a clinician from practicing, provided the clinician has not violated the Florida Board of OT (FLBOT) rules. Both the NBCOT and the AOTA may serve as a consultant to the FLBOT when a clinician has violated a rule.

Every biennium and upon initial licensure in the state of Florida, clinicians provide their signature on a licensure application indicating "they understand and agree to abide by the laws and rules related to the provision of occupational therapy services in the state of Florida." Failure to follow the laws and rules of Florida may result in financial penalties and loss of licensure.

So, what are those laws and rules, who makes the laws and rules, what are the areas of concern that clinicians typically get in trouble for, and what are the potential penalties?

Rule Makers for Florida

The Florida Board of Occupational Therapy website states

"The Florida Board of Occupational Therapy (FLBOT) practice was established to assure the highest degree of professional conduct on the part of occupational therapists and occupational therapy assistants. The Board of Occupational Therapy is responsible for the licensure and regulation of the profession to ensure the availability of occupational therapy services are of high quality to the people of Florida"
(Florida Board of Occupational Therapy, n.d.a)

The Board serves the consumer of services, also known as our clients, and provides the disciplinary guidelines that may be imposed on clinicians. The purpose of discipline is to penalize and deter clinicians from future violations and offer opportunities for rehabilitation when appropriate. In the FAC 64B11-4.003, the range of punishment related to Chapters 456 and 468, in order of severity, includes: (Florida Administrative Code (F.A.C., 2021)

  • Letter of concern and a minimum administrative fine of $100, remedial education, and/or refund of fees billed
  • Probation with conditions including:
    • Limiting practice settings and the requirement of supervision
      • The supervisor should ideally provide services for free. However, the licenses may also contract/pay fees for a supervisor
      • All supervisors must be approved and may be designated by the FLBOT
    • Employer and self-reports
    • Periodic appearances before the Board
    • Counseling or participation in the Professional Resource Network (PRN)

The state of Florida's Impaired Practitioners Programs has chosen two programs to use in consulting with the Department of Health (DOH)  and the Department of Business and Professional Regulations (DBPR) in matters relating to practitioner impairment, the Intervention Project for Nurses and Professionals Resource Network (PRN) for all other healthcare professionals, including occupational therapy (PRN, 2022).

During the disciplinary proceedings, PRN works closely with the DOH / DBPR Legal Departments regarding impairment-related mitigation factors. The DOH and the DBPR contract with PRN to provide mandated services of the Florida Statutes in Chapters 455 and 456, as well as each individual's practice act (PRN, 2022). PRN is often an alternative to the DOH/DBPR disciplinary process. Due to increased education of licensed health care practitioners, hospitals and other employees, health care practitioners participating in PRN do so voluntarily in place of being reported to or by DOH/DBPR. This arrangement allows PRN to maintain an individual's confidentiality and limits the negative impact on his/her life. (PRN, 2022).

Possible penalties include:

  • Suspension until the licensee appears before the Board to demonstrate current competency and ability to practice safely and compliance with any previous Board orders
  • Licensure with conditions
  • Denial of licensure
  • Permanent Revocation

Laws and Rules

As clinicians, it is important to understand the laws and rules that govern our practice in Florida and to be aware of where to find resources that facilitate the practice of occupational therapy within the boundaries of the laws and rules. The Department of Health, in conjunction with the Florida Board of Occupational Therapy, provides links to resources on its website. These resources include the general laws that direct the provision of health care, including Occupational Therapy under Chapter 456 Florida Statutes and more specific laws and rules related to Occupational Therapy in Chapter 468, Part III, Florida Statutes, and Chapter 64 B11 of the Florida Administrative Code.

Chapter 456 outlines the state's Governmental Regulations for all healthcare providers who may pose a risk to the public's health, safety, and welfare. Chapter 456 is divided into 86 sections.

You can access Chapter 456 here.

OT Practice Act

Chapter 468, Part II of the Florida Statutes, also known as the Florida Occupational Therapy Practice Act, is divided into 14 sections. The administrative codes of section B11 are designed to define the statutes further.

The first section of the Practice Act, section 468.201, defines the purpose of the OT Practice Act. Its purpose is to protect clients, customers, and the public from unprofessional and unsafe clinical practices. The OT Practice Act defines the minimum standards for the safe and effective provision of OT by registered occupational therapists (OTRs), doctors of occupational therapy (OTDs), certified occupational therapists (COTAs), etc., in any setting. It intends to prohibit clinicians who fall below the minimum standards and present a danger to the public from practicing in Florida (Florida Occupational Therapy Act, 2022).

Section 468.203 provides definitions of providers and defines Occupational Therapy, including who we are and what we do. This section briefly explains the assessment and use of assistive and rehabilitative technologies, including the purpose of Physical Agent Modalities (PAMs) and the requirement for special training in using these services (Florida Occupational Therapy Act, 2022).  In an AOTA position paper, Physical Agent Modalities are defined as those procedures and interventions systematically applied to modify specific client factors when neurological, musculoskeletal, or skin conditions may limit occupational performance. PAMs use various forms of energy to modulate pain, modify tissue healing, increase tissue extensibility, modify skin and scar tissue, and decrease edema/inflammation. PAMs are used in preparation for or concurrently with purposeful and occupation-based activities (Bracciano, 2008; McPhee, 2008).

Specific categories of physical agents include:

  • Superficial thermal agents, deep thermal agents, electrotherapeutic agents, and mechanical devices.
    • Superficial thermal agents include but are not limited to hydrotherapy/whirlpool, cryotherapy (cold packs, ice), Fluidotherapy™, hot packs, paraffin, water, infrared, and other commercially available superficial heating and cooling technologies.
    • Deep thermal agents include but are not limited to therapeutic ultrasound, phonophoresis, short-wave diathermy, and other commercially available technologies.
    • Electrotherapeutic agents use electricity and the electromagnetic spectrum to facilitate tissue healing, improve muscle strength and endurance, decrease edema, modulate pain, decrease the inflammatory process, and modify the healing process. Electrotherapeutic agents include but are not limited to biofeedback, neuromuscular electrical stimulation (NMES), functional electrical stimulation (FES), transcutaneous electrical nerve stimulation (TENS), high-voltage galvanic stimulation for tissue and wound repair (ESTR), high-voltage pulsed current (HVPC), direct current (DC), iontophoresis, and other commercially available technologies (Bracciano, 2008, McPhee, 2008).
    • Mechanical devices include but are not limited to vasopneumatic devices and continuous passive motion (CPM).

AOTA further advises clinicians to read the state licensure law and regulations for any modalities-related language.  Although the Florida Board does not specify that OTs or OTAs must obtain a certain "set" of modality certifications, appropriate training/certification should be sought for the modalities that the OT or OTA intends to use in practice. The Board's regulations specifically address the type of training required if an OT or OTA would like to use Electrical Stimulation, Ultrasound Devices, or Neurofeedback Devices in practice (Florida Board of Occupational Therapy, n.d.b). It is further recommended that clinicians be able to provide certification/education of current practice knowledge related to the PAMs provided. Paperwork regarding certification in PAMS or education related to PAMs does not need to be submitted to the Florida Board of OT; however, it must be available upon request. Lastly, this section of the Practice Act identifies members of the OT team, including OTs, OTAs, and OT Aides, and stipulates that only those licensed in OT practice may provide OT. This section describes supervision requiring that OTAs may make changes to the plan of care established by the supervising OT. However, this can only occur with collaboration and permission from the supervising OT (Florida Occupational Therapy Act, 2022).

Section 468.204 establishes the rulemaking authority of the Board of OT, further explaining when repealing or challenging a rule may be done. It also provides in section 120.54 of the Florida Statutes the lengthy process of making a rule. Administrative code 64B further describes citations and the associated processes involved when receiving a citation from the Florida Board of OT, including timelines that must be followed (Florida Occupational Therapy Act, 2022).

Section 468.205 specifies that the Florida Board of OT is comprised of 7 members, each appointed by the Governor and confirmed by the Senate. Members include 4 Occupational Therapists, 1 Occupational Therapy Assistant, and two consumers who are not associated with the provision of Occupational Therapy. Each clinician must have a license that is in good standing and a minimum of 4 years of experience prior to serving on the Board. Each of the members can serve two four-year terms. The Board also has full-time support staff (Florida Occupational Therapy Act, 2022).

Section 468.207 States that only those with a license to practice occupational therapy may do so (Florida Occupational Therapy Act, 2022).

Section 468.209 provides the requirements for licensure. Signifying applicants for licensure must be of moral character, have completed an educational program recognized by the Board, and be accredited by AOTA. Applicants must have completed fieldwork and passed an examination by NBCOT. This section identifies the times a clinician may practice with a temporary license and provisions that must be met if a clinician returns to active practice after being out of practice within the last five years (Florida Occupational Therapy Act, 2022).

Section 468.211 Describes the process and payment of fees to the Board for licensure, including the number of times the examination may be taken, three (3), before the applicant must receive additional training, with two (2) more opportunities to pass the exam, before they are no longer able to take the examination and apply for licensure.

Section 468.213 indicates that clinicians licensed in another state and in good standing may be licensed in the state of Florida by endorsement if the requirements in that state are equal to the licensure requirements in Florida (Florida Occupational Therapy Act, 2022).

Section 468.215 states that a license will be issued upon meeting the licensure requirements and providing payment for licensure. This section identifies the words and letters that may be used by a clinician and that are protected by the Florida Board of OT. They include the terms "Occupational Therapist Registered, OTR," "Licensed Occupational Therapist, LOT," and "Occupational Therapist, OT." For Occupational Therapy Assistants, the terms "Certified Occupational Therapy Assistant, COTA," "Licensed Occupational Therapy Assistant, LOTA," and "Occupational Therapy Assistant." Effective July 1, 2022, the acronym OTD has been added to identify clinicians holding a doctorate degree in occupational therapy, AND an exemption has been provided to anyone fulfilling an occupational therapy doctoral capstone experience involving clinical practice or projects. To utilize the exemption, a person must register with the Florida Department of Health before beginning the capstone experience (Florida Occupational Therapy Act, 2022).

Section 468.217 identifies grounds for denial of a license, refusal to renew a license, suspension, revocation of a license, or disciplinary actions. This section covers not only what violations may occur for OT clinicians but also violations that may occur to ANY professional with a license to practice (Florida Occupational Therapy Act, 2022).

Section 468.219 indicates that licensure must be renewed biennially and that CEU requirements may not exceed 30 contact hours biennially. Currently, in the state of Florida, clinicians are required to complete 26 CEUs; 2 CEUs must be related to laws and rules, and 2 CEUs must be related to Medical Errors. First-time renewal licensees are also required to take a 1-hour HIV/AIDS Course (Florida Occupational Therapy Act, 2022). Chapter 64B11-5.001 further identifies types of CEUs and the maximum contact hours that can be utilized, including tasks such as home study, student supervision, pro-bono work, presenting/instruction, and authorships (F.A.C., 2022a).

Section 468.221 provides a list of items for which the Florida Board of Occupational Therapy may charge a fee. These include an application fee, examination fee, renewal of active and inactive licenses, reactivation fees, and delinquency fees (Florida Occupational Therapy Act, 2022).

Section 468.223 identifies practices that will result in penalties. This list is not all-inclusive; it includes practicing without a license, use of the words occupational therapist, occupational therapy assistant, and the letters associated with OT without a valid license, use of another's license, giving false or forged information to the Board of OT, attempting to use a revoked, suspended, inactive or delinquent license, employing unlicensed persons to provide OT services, concealing information related to any OT statute, and the practice of OT when one has been convicted of a felony. Examples of misdemeanors include (Umansky Law Firm, n.d.):

  • Simple Assault
  • Driving on a suspended license
  • Marijuana possession
  • Shoplifting
  • Prostitution
  • Public intoxication
  • Disorderly conduct

Section 468.225 recognizes exemptions. These exemptions from licensure include students on fieldwork and other professions that may use OT as part of or incidental to their profession, including physicians, physician assistants, nurses, physical therapists, osteopathic physicians or surgeons, clinical psychologists, speech-language pathologists, or audiologists. An example may be a Speech-Language Pathologist identifying adaptive devices that may facilitate feeding/eating (Florida Occupational Therapy Act, 2022).

You can access the Florida Occupational Therapy Practice Act, Chapter 468, Part II, Florida Statutes, and Chapter 64 B11 of the Florida Administrative Codes in its entirety here.

Renewals

Current licenses expire at midnight, eastern time, on the eve of February 28th, every odd year. Ninety (90) days prior to expiration, the Department of Health will mail a renewal postcard. Before your license expires, it is important to verify your address and that your completed CEUs have been recorded. The state of Florida requires all licensees to report CEU hours to CE Broker. Also, prior to renewal, two (2) surveys must be completed to proceed with renewal. The online renewal process takes approximately 10-15 minutes to complete, and payment may be paid by credit card. Fees for licenses renewed prior to expiration range from $60.00 to $180.00. Fees for those renewing after expiration range from $115.00 to $275.00 (FLBOT, n.d.a).

Florida seeks to become the most veteran-friendly state in the nation, launching the VALOR (Veterans Application for Licensure Online Response) System on July 1, 2014, to expedite licensing for military veterans. The state also extended fee waiver eligibility for health care practitioner licenses to 60 months after honorable discharge and included military spouses. To qualify, applicants must hold an active, unencumbered license as a military health care practitioner in a U.S. jurisdiction or serve as a military health care practitioner in a profession for which licensure in a state or jurisdiction is not required to practice in the United States Armed Forces. Suppose the applicant's active, unencumbered license is not verifiable online. In that case, the Florida Department of Health will request that the licensing entity send official license verification to the Department of Health (Florida Health Medical Quality Assurance, n.d.a).

Recent Changes in the Laws

Previously, the Florida Department of Health advised practitioners that licenses may be revoked when a practitioner becomes delinquent on a payment or defaults on a student loan. Effective 7/1/2020, HB 115: Keep Our Graduates Working Act prohibited the Department of Health from denying the issuance of, refusing to renew, suspending, or revoking a professional license based solely on the delinquency or default status of student loans (FLBOT, 2020).

With the advent of COVID-19, telehealth is determined to be a service that can be provided by licensed clinicians providing occupational therapy. Additionally, out-of-state licensed practitioners may qualify to perform telehealth services for Florida residents when certain requirements are met and registered with the Department of Health (Florida Statues, 2022).

January 10, 2017, The Board developed disciplinary guidelines which shall be imposed upon applicants or licensees whom it regulates under Part III, Chapter 468, F.S. The purpose of this rule is to notify applicants and licensees of the ranges of penalties that will routinely be imposed unless the Board finds it necessary to deviate from the guidelines for the stated reasons given within this rule (F.A.C., 2022b). Each range includes the lowest and highest penalty and all penalties falling between. The purposes of the imposition of discipline are to punish the applicants or licensees for violations and to deter them from future violations; to offer opportunities for rehabilitation, when appropriate; and to deter other applicants or licensees from violations. The violation and penalties are as follows:

Violation
(a) Attempting to obtain, obtaining, or renewing a license to practice a profession by bribery, fraudulent misrepresentation, or through an error of the Department or the Board. (Sections 468.217(1)(a), and 456.072(1)(h), F.S.)
Minimum Penalty
  • First Offense
    • 6 months probation with conditions or certify application with restrictions and $1,000 fine.
  • Second and Subsequent Offense
    • Restriction of practice or license or denial of licensure and $5,000 fine.
Maximum Penalty
  • First Offense
    • 1 year suspension and $5,000 fine.
  • Second and Subsequent Offenses
    • Permanent revocation or denial of licensure and $10,000 fine.
However, if the violation is not through an error but is for making a false or fraudulent representation or bribery, the fine is increased to $10,000 per count or offense.
Violation
(b) Action taken against license by another jurisdiction. (Sections 468.217(1)(b), and 456.072(1)(f), F.S.)
Minimum Penalty
  • First Offense
    • Letter of concern and $500 fine.
  • Second and Subsequent Offenses
    • Imposition of discipline which would have been if the substantive violation occurred in Florida and a $2,500 fine.
Maximum Penalty
  • First Offense
    • Imposition of discipline which would have been if the substantive violation occurred in Florida.
  • Second and Subsequent Offenses
    • Permanent revocation and $10,000 fine.
Violation
(c) Guilt of a crime directly relating to practice or ability to practice. (Section 468.217(1)(c), F.S.)
Minimum Penalty
  • First Offense
    • Misdemeanor
      • Reprimand and $250 fine.
    • Felony
      • 1 year probation with conditions and $1,000 fine.
    • Felony crimes having a factual basis related to assault, battery, abuse, or which otherwise caused bodily harm.
      • 1 year suspension and $5,000 fine.
    • Crimes involving fraudulent misrepresentation
      • 1 year suspension and $10,000 fine.
  • Second and Subsequent Offenses
    • Misdemeanor
      • 1 year probation with conditions and $500 fine.
    • Felony
      • 1 year suspension and $2,500 fine.
    • Felony crimes having a factual basis related to assault, battery, abuse, or which otherwise caused bodily harm.
      • 2 ‒ year suspension and $10,000 fine.
    • Crimes involving fraudulent misrepresentation
      • 2 ‒ year suspension and $10,000 fine.
Maximum Penalty
  • First Offense
    • Misdemeanor
      • 1 year probation with conditions and $500 fine.
    • Felony
      • 1 year suspension and $2,500 fine.
    • Felony crimes having a factual basis related to assault, battery, abuse, or which otherwise caused bodily harm.
      • Permanent revocation and $10,000 fine.
    • Crimes involving fraudulent misrepresentation
      • Permanent revocation and $10,000 fine.
  • Second and Subsequent Offenses
    • Misdemeanor
      • 1 year suspension and $1,000 fine.
    • Felony
      • Permanent revocation and $5,000 fine.
    • Felony crimes having a factual basis related to assault, battery, abuse, or which otherwise caused bodily harm.
      • Permanent revocation and $10,000 fine.
    • Crimes involving fraudulent misrepresentation
      • Permanent revocation and $10,000 fine.
Violation
(d) False, deceptive, or misleading advertising (Section 468.217(1)(d), F.S.)
Minimum
  • First Offense
    • Letter of concern and $100 fine.
  • Second and Subsequent Offenses
    • 6 months suspension and $500 fine.
Maximum
  • First Offense
    • 6 months probation with conditions and $250 fine.
  • Second and Subsequent Offenses
    • Restriction of practice or license and $5,000 fine.
Violation
(e) Advertising, practicing under a name other than one’s own name (Section 468.217(1)(e), F.S.)
Minimum
  • First Offense
    • Letter of concern and $100 fine.
  • Second and Subsequent Offenses
    • 6 months suspension and $500 fine.
Maximum
  • First Offense
    • 6 months probation with conditions and $250 fine.
  • Second and Subsequent Offenses
    • Restriction of practice or license and $5,000 fine.
Violation
(f) Failure to report another licensee in violation (Sections 468.217(1)(f), and 456.072(1)(i), F.S.)
Minimum
  • First Offense
    • Letter of concern and $100 fine.
  • Second and Subsequent Offenses
    • 6 months probation with conditions and $1,000 fine.
Maximum
  • First Offense
    • 6 months probation with conditions and $500 fine.
  • Second and Subsequent Offenses
    • 1 year suspension and $5,000 fine.
Violation
(g) Aiding unlicensed practice (Sections 468.217(1)(g), and 456.072(1)(j), F.S.)
Minimum
  • First Offense
    • 1 year probation with conditions and $1,000 fine.
  • Second and Subsequent Offenses
    • 1 year suspension and $6,000 fine.
Maximum
  • First Offense
    • 6 months suspension, 1 year probation with conditions and $3,000 fine.
  • Second and Subsequent Offenses
    • Permanent revocation and $10,000 fine.
Violation
(h) Failure to perform legal obligation (Sections 468.217(1)(h), and 456.072(1)(k), F.S.)
Minimum
  • First Offense
    • Letter of Concern and $100 fine.
  • Second and Subsequent Offenses
    • 6 months suspension and $1000 fine.
Maximum
  • First Offense
    • 6 months probation with conditions and $500 fine.
  • Second and Subsequent Offenses
    • Restriction of practice or license and $5,000 fine.
Violation
(i) Failing to file a report as required (Sections 468.217(1)(i), and 456.072(1)(l), F.S.)
Minimum
  • First Offense
    • 1 year probation with conditions and $100 fine.
  • Second and Subsequent Offenses
    • 6 months suspension, 1 year probation with conditions and $500 fine.
Maximum
  • First Offense
    • 6 months suspension, 1 year probation with conditions and $250 fine.
  • Second and Subsequent Offenses
    • 1 year suspension, 2 years probation with conditions and $1,000 fine.
However, if the violation is for making a false or fraudulent representation, a fine of $10,000 per count or offense.
Violation
(j) Kickbacks or split fee arrangements (Section 468.217(1)(j), F.S.)
Minimum
  • First Offense
    • 6 months suspension, 1 year probation with conditions and $500 fine.
  • Second Offense and Subsequent Offenses
    • Restriction of practice or license and $2,500 fine.
Maximum
  • First Offense
    • 1 year suspension, 2 years probation with conditions and $5,000 fine.
  • Second Offense and Subsequent Offenses
    • Permanent revocation and $10,000 fine.
Violation
(k) Exercising influence to engage patient in sex (Section 468.217(1)(k), F.S.)
Minimum
  • First Offense
    • 1 year suspension, 4 years probation with conditions referral to PRN and $5,000 fine.
  • Second and Subsequent Offenses
    • Restriction of practice or license and $7,500 fine.
Maximum
  • First Offense
    • Permanent revocation and $7,500 fine.
  • Second Offense and Subsequent Offenses
    • Permanent revocation and $10,000 fine.
Violation
(l) Deceptive, untrue, or fraudulent representations in the practice (Sections 468.217(1)(l), and 456.072(1)(a), F.S.)
Minimum
  • First Offense
    • 1 year probation with conditions and $10,000 fine.
  • Second and Subsequent Offenses
    • 2 year suspension, 1 year probation with conditions and $10,000 fine.
Maximum
  • First Offense
    • 1 year suspension, 1 year probation with conditions and $10,000 fine.
  • Second and Subsequent Offenses
    • Revocation and $10,000 fine.
Violation
(m) Improper solicitation of patients (Section 468.217(1)(m), F.S.)
Minimum
  • First Offense
    • 1 year probation with conditions and $500 fine.
  • Second  and Subsequent Offenses
    • Restriction of practice or license and $2,500 fine.
Maximum
  • First Offense
    • 6 months suspension, 1 year probation with conditions and $2,000 fine.
  • Second and Subsequent Offenses
    • Permanent revocation and $5,000 fine.
Violation
(n) Failure to keep written medical records, justifying the course of treatment of the patient, including but not limited to patient history, examination results and test results (Section 468.217(1)(n), F.S.)
Minimum
  • First Offense
    • Letter of concern and $300 fine.
  • Second and Subsequent Offenses
    • 1 year probation and $1,000 fine.
Maximum
  • First Offense
    • 6 months probation with conditions and $1,000 fine.
  • Second and Subsequent Offenses
    • 6 months suspension, 1 year probation with conditions and $5,000 fine.
Violation
(o) Exercising influence on patient for financial gain (Sections 468.217(1)(o), and 456.072(1)(n), F.S.)
Minimum
  • First Offense
    • 1 year probation with conditions and $1,000 fine.
  • Second and Subsequent Offenses
    • Revocation of practice or license and $5,000 fine.
Maximum
  • First Offense
    • 1 year suspension, 2 years probation with conditions and $7,5000 fine.
  • Second and Subsequent Offenses
    • Permanent revocation and $10,000 fine.
Violation
(p) Performing professional services not authorized by patient (Section 468.217(1)(p), F.S.)
Minimum
  • First Offense
    • Letter of concern and $500 fine.
  • Second and Subsequent Offenses
    • 3 months suspension and $2,500 fine.
Maximum
  • First Offense
    • 6 months probation with conditions and $2,500 fine.
  • Second and Subsequent Offenses
    • Permanent revocation and $10,000 fine.
Violation
(q) Malpractice\ (Section 468.217(1)(q), F.S.)
Minimum
  • First Offense
    • 1 year probation with conditions and $1,000 fine.
  • Second and Subsequent Offenses
    • 1 year suspension, 2 years probation with conditions and $5,000 fine.
Maximum
  • First Offense
    • 1 year suspension, 2 years probation with conditions or denial and $5,000 fine.
  • Second and Subsequent Offenses
    • Permanent revocation and $10,000 fine.
Violation
(r) Performing of experimental treatment without informed consent (Section 468.217(1)(r), F.S.)
Minimum
  • First Offense
    • 1 year suspension, 1 year probation with conditions and $1,000 fine.
  • Second and Subsequent Offenses
    • Restriction of practice or license and $5,000 fine.
Maximum
  • First Offense
    • 2 years suspension, 2 years probation with conditions or denial and $5,000 fine.
  • Second and Subsequent Offenses
    • Permanent revocation and $10,000 fine.
Violation
(s) Practicing beyond scope permitted (Sections 468.217(1)(s), and 456.072(1)(o), F.S.)
Minimum
  • First Offense
    • Letter of concern and $100 fine.
  • Second and Subsequent Offenses
    • Restriction of practice or license and $1,500 fine.
Maximum
  • First Offense
    • 6 months suspension, 6 months probation with conditions or denial and $1,500 fine.
  • Second and Subsequent Offenses
    • Permanent revocation and $7,500 fine.
Violation
(t) Inability to practice occupational therapy with skill and safety (Sections 468.217(1)(t), 456.072(1)(z), F.S.)
Minimum
  • First Offense
    • Submit to mental/physical examination and impose conditions on practice.
  • Second Offense
    • 1 year subspension and then submit to mental/physical examination and suspension until able to demonstrate ability to practice with reasonable skill and safety.
Maximum
  • First Offense
    • Submit to mental/physical examination and suspension until able to demonstrate ability to practice with reasonable skill and safety, followed by probation with conditions.
  • Second Offense
    • Permanent Revocation and $5,000 fine.
Violation
(u) Delegation of professional responsibilities to unqualified person (Sections 468.217(1)(u), 456.072(1)(p), F.S.)
Minimum
  • First Offense
    • 1 year probation with conditions and $1,000 fine.
  • Second and Subsequent Offenses
    • Restriction of practice or license and $5,000 fine.
Maximum
  • First Offense
    • 6 months suspension, 1 year probation with conditions and $3,000 fine.
  • Second and Subsequent Offenses
    • Permanent revocation and $10,000 fine.
Violation
(v) Violation of order, or failure to comply with subpoena (Sections 468.217(1)(v), 456.072(1)(q), F.S.)
Minimum
  • First Offense
    • Suspension until order or subpoena complied with and $500 fine.
  • Second and Subsequent Offenses
    • 6 months suspension, 1 year probation with conditions and $1,500 fine.
Maximum
  • First Offense
    • 1 year suspension, 1 year probation with conditions and $1,500 fine.
  • Second and Subsequent Offenses
    • Permanent revocation and $5,000 fine.
Violation
(w) Conspiring to restrict another from lawfully advertising services (Section 468.217(1)(w), F.S.)
Minimum
  • First Offense
    • Letter of concern.
  • Second and Subsequent Offenses
    • Letter of concern and $500 fine.
Maximum
  • First Offense
    • Letter of concern and $100 fine.
  • Second and Subsequent Offenses
    • Letter of concern and $1,000 fine.
Violation
(x) Violating Chapters 468, 456, F.S., or any rules adopted pursuant thereto (Sections 468.217(1)(x), and 456.072(1)(dd), F.S.)
Minimum
  • First Offense
    • Suspension until law or rule complied with and $500 fine.
  • Second and Subsequent Offenses
    • Restriction of practice or license and $2,500 fine.
Maximum
  • First Offense
    • 1 year suspension, 1 year probation with conditions and $1,500 fine.
  • Second and Subsequent Offenses
    • Permanent revocation and $5,000 fine.
Violation
(y) Performing or attempting health care services on the wrong patient, wrong site wrong procedure, or unauthorized or medically unnecessary procedure including preparation of the patient (Section 456.072(1)(bb), F.S.)
Minimum
  • First Offense
    • 1 year probation with conditions and $1,000 fine.
  • Second and Subsequent Offenses
    • Restriction of practice or license and $5,000 fine.
Maximum
  • First Offense
    • 1 year suspension, 2 years probation with conditions and $5,000 fine.
  • Second and Subsequent Offenses
    • Permanent revocation and $10,000 fine.
Violation
(z) Intentionally violating any rule adopted by the Board or the Department as appropriate (Section 456.072(1)(b), F.S.)
Minimum
  • First Offense
    • 6 months suspension, 1 year probation with conditions and $1,000 fine.
  • Second and Subsequent Offenses
    • Restriction of practice or license and $5,000 fine.
Maximum
  • First Offense
    • 1 year suspension, 2 years probation with conditions and $3,000 fine.
  • Second and Subsequent Offenses
    • Permanent Revocation and $10,000 fine.
Violation
(aa) Being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice a licensee’s profession (Section 456.072(1)(c), F.S.)
Minimum
  • First Offense
    • Misdemeanor
      • Reprimand and $250 fine.
    • Felony
      • 1 year probation with conditions and $1,000 fine.
    • Felony crimes having a factual basis related to assault, battery, abuse, or which otherwise caused bodily harm.
      • 1 year suspension and $5,000 fine.
    • Crimes involving fraudulent misrepresenation.
      • 1 year suspension and $10,000 fine.
  • Second and Subsequent Offenses
    • Misdemeanor
      • 1 year probation with conditions and $500 fine.
    • Felony
      • 1 year suspension and $2,500 fine.
    • Felony crimes having a factual basis related to assault, battery, abuse, or which otherwise caused bodily harm.
      • 2 year suspension and $10,000 fine.
    • Crimes involving fraudulent misrepresentation.
      • 2 year suspension and $10,000 fine.
Maximum
  • First Offense
    • Misdemeanor
      • 1 year probation with conditions and $500 fine.
    • Felony
      • 1 year suspension and $2,500 fine.
    • Felony crimes having a factual basis related to assault, battery, abuse, or which otherwise caused bodily harm.
      • Permanent revocation and $10,000 fine.
    • Crimes involving fraudulent misrepresenation.
      • Permanent revocation and $10,000 fine.
  • Second and Subsequent Offenses
    • Misdemeanor
      • 1 year suspension and $1,000 fine.
    • Felony
      • Permanent revocation and $5,000 fine.
    • Felony crimes having a factual basis related to assault, battery, abuse, or which otherwise caused bodily harm.
      • Permanent revocation and $10,000 fine.
    • Crimes involving fraudulent misrepresentation.
      • Permanent revocation and $10,000 fine.
Violation
(bb) Failing to comply with the educational course requirements for human immunodeficiency virus and acquired immune deficiency syndrome (Section 456.072(1)(e), F.S.) 
Minimum
  • First and Subsequent Offenses
    • Letter of Concern.
Maximum
  • First and Subsequent Offenses
    • 6 months probation with conditions and $500 fine.
Violation
(cc) Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the department against another licensee (Section 456.072(1)(g), F.S.)
Minimum
  • First Offense
    • 1 year probation with conditions and $1,000 fine.
  • Second and Subsequent Offenses
    • Restriction of practice or license and $2,000 fine.

Maximum

  • First Offense
    • 1 year suspension and $5,000 fine.
  • Second and Subsequent Offenses
    • Permanent revocation and $10,000 fine.
Violation
(dd) Making deceptive, untrue, or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession (Section 456.072(1)(a) and (m), F.S.)
Minimum
  • First Offense
    • 1 year probation with conditions and $10,000 fine.
  • Second and Subsequent Offenses
    • Restriction of practice or license and $10,000 fine.
Maximum
  • First Offense
    • 1 year suspension and $10,000 fine.
  • Second and Subsequent Offenses
    • Permanent revocation and $10,000 fine.
Violation
(ee) Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding (Section 456.072(1)(r), F.S.)
Minimum
  • First Offense
    • 6 months probation with conditions and $1,000 fine.
  • Second and Subsequent Offenses
    • Restriction of practice or license and $4,000 fine.
Maximum
  • First Offense
    • 1 year suspension and $2,000 fine.
  • Second and Subsequent Offenses
    • Permanent revocation and $10,000 fine.
Violation
(ff) Engaging or attempting to engage a patient in verbal or physical sexual activity (Section 456.072(1)(v), F.S.)
Minimum
  • First Offense
    • 1 year suspension, 4 years probation with conditions referral to PRN and $5,000 fine.
  • Second and Subsequent Offenses
    • Permanent revocation and $7,500 fine.
Maximum
  • First Offense
    • Permanent revocation and $7,500 fine.
  • Second and Subsequent Offenses
    • Permanent revocation and $10,000 fine.
Violation
(gg) Failing to report to the board within 30 days after the licensee has been convicted or found guilty of, or entered a plea of no contendere to, regardless of adjudication, a crime in any jurisdiction (Section 456.072(1)(x), F.S.)
Minimum
  • First Offense
    • Letter of concern and $500 fine.
Maximum
  • First Offense
    • 1 year probation with conditions and $500 fine.
Violation
(hh) Using information about people involved in motor vehicle accidents which has been derived from accident reports made by law enforcement officers for the solicitation of the people involved in the accidents (Section 456.072(1)(y), F.S.)
Minimum
  • First Offense
    • 1 year probation with conditions and $1,000 fine.
  • Second and Subsequent Offenses
    • Restriction of practice or license and $4,000 fine.
Maximum
  • First Offense
    • 1 year suspension and $4,000 fine.
  • Second and Subsequent Offenses
    • Permanent revocation and $10,000 fine.
Violation
(ii) Failing to finish PRN treatment program or failing without just cause to comply with PRN contract (Section 456.072(1)(hh), F.S.)
Minimum
  • First Offense
    • Suspension until compliant with program; up to suspension until compliant with program, followed by up to 5 years probation with conditions.
  • Second or Subsequent Offense
    • Up to $2000 fine, suspension until compliant with program following by up to 5 years probation with conditions, or revocation.
 
Violation
(jj) Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, 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 (Section 456.072(1)(ii), F.S.)
Minimum
  • First and Subsequent Offenses
    • Permanent revocation and a fine of $10,000, or in the case of application for licensure, denial of license.
 
Violation
(kk) Failing to remit the sum owed to the State for an overpayment from the Medicaid Program pursuant to a final order, judgment, or Stipulation or settlement (Section 456.072(1)(jj), F.S.)
Minimum
  • First Offense
    • 6 months probation with conditions $500 fine. 
  • Second and Subsequent Offenses
    • 1 year suspension and $3,000 fine.
Maximum
  • First Offense
    • 1 year suspension and $2,500 fine.
  • Second and Subsequent Offenses
    • Premanent revocation and $5,000 fine.
Violation
(ll) Being terminated from the state Medicaid Program pursuant to Section 409.913, F.S., any other state Medicaid program, or the federal Medicare program, unless eligibility to participate in the program from which the practitioner was terminated has been restored (Section 456.072(1)(kk), F.S.)
Minimum
  • First Offense
    • Letter of concern and a $1,000 fine.
  • Second and Subsequent Offenses
    • 1 year suspension and $5,000 fine.
Maximum
  • First Offense
    • 1 year suspension and $2,500 fine.
  • Second and Subsequent Offenses
    • Permanent revocation $10,000 fine.
Violation
(mm) Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, a crime in any jurisdiction which related to health care fraud (Section 456.072(1)(ll), F.S.)
Minimum
  • First and Subsequent Offenses
    • Permanent revocation and a fine of $10,000, or in the case of application for licensure, denial of license.
 
Violation
(nn) Willfully failing to comply with Section 627.64194 or 641.513, F.S., with such frequency as to indicate a general business practice (Section 456.072(1)(oo), F.S.)
Minimum
  • First Offense
    • Letter of Concern and $500 fine.
  • Second and Subsequent Offenses
    • 1 year suspension and $3,000 fine.
Maximum
  • First Offense
    • 1 year suspension and $1,000 fine.
  • Second and Subsequent Offenses
    • Permanent revocation and $5,000 fine.
Violation
(oo) Testing positive for any drug on confirmed pre-employment or employer ordered drug screening without lawful prescription (Section 456.072(1)(aa), F.S.)
Minimum
  • First Offense
    • Submit to mental/physical examination and impose conditions on practice.
  • Second and Subsequent Offenses
    • Submit to mental/physical examination and suspension until able to demonstrate ability to practice with reasonable skill and safety, followed by probation with conditions and $1,000 fine.
Maximum
  • First Offense
    • Submit to mental/physical examination and suspension until able to demonstrate ability to practice with reasonable skill and safety, followed by probation with conditions.
  • Second and Subsequent Offenses
    • Permanent revocation and $3,000 fine.
Violation
(pp) Providing information, including written documentation, indicating that a person's need for an emotional support animal under Section 760.27, F.S., without personal knowledge of the person's disability or disability-related need for the specific emotional support animal. (Section 456.072(1)(pp), F.S.
Minimum
  • First Offense
    • 1 year probation with conditions and a $5,000 fine.
  • Second and Subsequent Offenses
    • 1 year suspension, 1 year probation with conditions, and a $5,000 fine.
Maximum
  • First Offense
    • 6 months suspension, 6 months probation with conditions, and a $10,000 fine.
  • Second and Subsequent Offenses
    • Permanent revocation and $10,000 fine.
Violation
(qq) Failure to comply with the parental consent requirements of s. 1014.06, F.S. (Section 456.072(1)(rr), F.S.)
Minimum
  • First Offense
    • $500 fine, and up to 1 year probation with conditions.
  • Second and Subsequent Offenses
    • $1,500 fine, and up to 1 year suspension.
Maximum
  • First Offense
    • $1,000 fine, and up to 6 months suspension.
  • Second and Subsequent Offenses
    • $2,500 fine, and up to 2 years suspension.
Violation
(rr) Being convicted or found guilty of, entering a plea of guilty or nolo contendere to, regardless of adjudication, or committing or attempting, soliciting, or conspiring to commit an act that would constitute a violation of any of the offenses listed in s. 456.074(5) or a similar offense in another jurisdiction. (Section 456.072(1)(ss), F.S.
Minimum
  • First and Subsequent Offenses
    • Permanent revocation and a fine of $10,000, or in the case of application for licensure, denial of license.
 
Table 1: Florida Administrative Code 64B11 4.003 Final Rule

Highlights of the Disciplinary Process

Consumer Services Unit

The complaint process begins at the Consumer Services Unit (CSU) on the Department of Health website, as it serves as the central intake for all complaints, including complaints alleging the practice of a healthcare profession or the operation of facilities/establishments without the appropriate license. To initiate a complaint, one must only go to the Florida Department of Health Website and complete a complaint form identifying the complainant information, patient information, reason for complaint, date of the incident, determination of criminal conduct, if any, notification of law enforcement if needed and a description of the complaint including facts, details, dates, locations, etc. A release of patient information is also included. This form is then emailed, faxed, or mailed through the post to the Department of Health, Consumer Services. A complaint may not be filed over the phone. CSU includes investigators and analysts assigned to specific professions. Staff reviews each complaint for possible violations of laws and rules (Florida Health, 2020a).

  • Only complaints that are legally sufficient are investigated. Legally sufficient is described in Section 456.073. Legal sufficiency is determined by a review of supporting documentation and the ultimate facts that demonstrate that a violation has occurred. Complaints may be filed up to six (6) years after the alleged occurrence. The complainant will then be notified by letter as to whether an investigation is to be initiated, if additional information is needed, or if the case is being closed due to insufficient supporting information.
  • Complainants are provided a computer-produced complaint number for tracking purposes.
  • Staff reviews each complaint for possible violations of laws and rules.

Examples of complaints that may be investigated that impact clinicians include:

  • Practicing below minimum standards or negligence
  • Impairment related to drug and/or alcohol use
  • Sexual misconduct with a patient
  • Documentation of treatments not provided

Complaints that will not be reviewed include:

  • Fee disputes (broken or missed appointments)
  • Billing disputes
  • Personality conflicts
  • Bedside manner or rudeness

Investigative Services

Once the complaint is determined to be valid, it is forwarded to the Investigative Services Department. All complaints that present a threat to the community are given priority. However, all complaints are reviewed in a timely manner as possible. It is here that medical records reviews and interviews with clients served, witnesses, and therapists are conducted. The Investigative Services Department compiles a report that is then provided to the Department of Health Attorneys in the Prosecution Services Unit (Florida Health, 2019).

Prosecution Services

Attorneys review the report and make recommendations that may include (Florida Health, 2018):

  • Emergency Order-issued by the Surgeon General for situations that pose an immediate threat to a portion or the public as a whole
  • Expert Review- is a panel of two or three board members, typically two licensed professionals and a consumer member, that determine if the following should be recommended
  • Closing Order - occurs when it is determined by the expert reviewers that the investigation results do not support the allegations
  • Administrative Complaint - occurs when the expert reviewers determine the investigation supports the allegations; they then request;
    • Hearing of disputed facts-all parties are asked to testify to resolve allegations
    • Consent/Stipulation Agreement-penalties are suggested and agreed upon by attorneys
    • Hearing of non-disputed facts-clinician is able to provide other information the Board may wish to consider before determining punishment
    • Voluntary Relinquishment of License-election to cease practicing 

All recommendations are presented to the Board of OT for Final Action and issuance of penalties. During all aspects of the process, the subject of the complaint is involved either through written communication or in person with/without a personal attorney.

Compliance Management

Lastly, The Department of Health has a team of dedicated people who are responsible for guaranteeing that licensees fulfill the penalties imposed in final orders (Florida Health, 2020b).

A cursory review of the 2021 and 2022 Florida Department of Health Disciplinary and Administrative actions indicates that approximately 6 OTs and 13 OTAs have violated the OT Practice Act and have received penalties from the Florida Board of Occupational Therapy. The most frequent violations for clinicians are Medicare and Medicaid Fraud; this includes complaints related to inaccurate billing for minutes of therapy, submission of progress notes for treatments that did not occur, lack of documentation, and receipt of kickbacks regarding treatments provided. Also noted is a violation of sexual misconduct with a client, failure to report convictions related to the use of drugs without a prescription, and failure to complete a 5-year PRN substance abuse treatment program (NBCOT, n.d.).

Each violator received fines varying from approximately $100.00 to $10,000.00, with licensure penalties ranging from probation to permanent revocation of the license to practice Occupational therapy.

NBCOT indicates that from 2020 through 2022, collectively, 2 OT, 2 OTA, and 1 OTD violated some law or rule that applied to either the NBCOT Code of Conduct and/or the Laws and Rules of practice for OT in FL (NBOCT, n.d.).

The most recent available disciplinary action provided by AOTA for 2020 and 2021 identifies 1 OTA, 1 OT, and 1 OTD in violation of the Occupational Therapy Code of Ethics. Penalties included revocation and suspension of membership. Violations were related to engaging in sexual activity, engaging in communication that is described as discriminatory, derogatory, intimidating, insensitive, or disrespectful, failure to utilize evidence-based practices, informed consent, failure to disclose competence and/or end services when no longer beneficial, and failure to maintain privacy and truthfulness in the delivery of occupational therapy (AOTA, n.d.).

Safety Standards

The Division of Health Quality Assurance protects Floridians through oversight of health care providers. The Division is funded with more than $49 million in state and federal funds. Health Quality Assurance licenses and/or certifies and regulates 40 different types of health care providers, including hospitals, nursing homes, assisted living facilities, and home health agencies. As a measure of consumer safety, all healthcare providers must undergo a criminal background check as part of the employment process. This process must be renewed every five (5) years. The average processing time is 6-10 days (Florida Health, n.d.b).

Summation

Over one hundred (100) laws and rules apply to the provision of occupational therapy services. Therapists need to understand the regulatory bodies that protect the consumer, the laws and rules that clinicians are bound to, and the range of punishments that can be applied. These regulatory bodies include AOTA, NBCOT, and the Florida Board of OT. However, only the Florida Board of OT can assess violations AND institute financial penalties. Clinicians are required to review the Florida Laws and Rules biannually and become up to date with recent changes. Recent changes include the inclusion of telehealth as a service to be provided by occupational therapists, disciplinary guidelines for violations, and ranges of penalties to be imposed for the purpose of punishment for clinicians who violate Florida Laws and Rules, noting that penalties are about to change. Clinicians must become familiar with the enforcement process and the most frequent violations to avoid disciplinary and corrective actions and facilitate the provision of excellent care for consumers.

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Implicit Bias Statement

CEUFast, Inc. is committed to furthering diversity, equity, and inclusion (DEI). While reflecting on this course content, CEUFast, Inc. would like you to consider your individual perspective and question your own biases. Remember, implicit bias is a form of bias that impacts our practice as healthcare professionals. Implicit bias occurs when we have automatic prejudices, judgments, and/or a general attitude towards a person or a group of people based on associated stereotypes we have formed over time. These automatic thoughts occur without our conscious knowledge and without our intentional desire to discriminate. The concern with implicit bias is that this can impact our actions and decisions with our workplace leadership, colleagues, and even our patients. While it is our universal goal to treat everyone equally, our implicit biases can influence our interactions, assessments, communication, prioritization, and decision-making concerning patients, which can ultimately adversely impact health outcomes. It is important to keep this in mind in order to intentionally work to self-identify our own risk areas where our implicit biases might influence our behaviors. Together, we can cease perpetuating stereotypes and remind each other to remain mindful to help avoid reacting according to biases that are contrary to our conscious beliefs and values.

References

  • American Occupational Therapy Association (n.d.a) About. Retrieved June, 2022. Visit Source.
  • American Occupational Therapy Association (n.d.b) Ethics disciplinary action. Retrieved 10/11/22. Visit Source.
  • Bracciano, A. (2008). Physical agent modalities: Theory and application for the occupational therapist. NJ: Slack.
  • Florida Administrative Code (F.A.C), 64B11 (November 11, 2021). Retrieved 10/11/22. Visit Source.
  • Florida Administrative Code(F.A.C.), 64B11-5.001(July 12, 2022a). Visit Source. Retrieved 10/12/22.
  • Florida Administrative Code 64B11-4.003 (2022b) Standards of Practice; Discipline. Retrieved 10/11/2022. Visit Source.
  • Florida Board of Occupational Therapy (n.d.a). Retrieved August 7, 2022. Visit Source.
  • Florida Board of Occupational Therapy (n.d.b) Prescription Devices (Modalities certification) FQA. Retrieved Oct 10, 2022. Visit Source.
  • Florida Board of Occupational Therapy (2020). 2020 Legislative Update. Retrieved 10/11/22. Visit Source.
  • Florida Health Medical Quality Assurance (n.d.a)Licensing for Military Members and Spouses. Retrieved 10/11/22. Visit Source.
  • Florida Health Medical Quality Assurance (n.d.b) Background screening. Retrieved 10/11/22. Visit Source.
  • Florida Health Medical Quality Assurance (2018) Prosecution Services. Retrieved 10/11/22. Visit Source.
  • Florida Health Medical Quality Assurance (2019) Investigative Services. Retrieved 10/11/22. Visit Source.
  • Florida Health Medical Quality Assurance (2020a) Complaint Forms. Retrieved 10/11/22. Visit Source.
  • Florida Health Medical Quality Assurance (2020b) Compliance management. Retrieved 10/11/22. Visit Source.
  • Florida Occupational Therapy Act, (2022) Fla. Stat. Chapter 468. Retrieved 10/11/22. Visit Source.
  • Florida statues (2022) 64B11- 456.47 Use of telehealth to provide services Retrieved 10/12/22. Visit Source.
  • National Board for the Certification in Occupational Therapy (n.d.a). Our Mission. Nbcot.org. Retrieved October 11, 2022. Visit Source.
  • National Board for the Certification in Occupational Therapy (n.d.b) Professional Conduct. Retrieved 10/11/22. Visit Source.
  • Professional Resource Network (2022) Retrieved October 10, 2022. Visit Source.
  • Scott D. McPhee, D. O. (2008). Physical Agent Modalities: A Position Paper. In C. o. Practice (Ed.), November/December 2008, Volume 62, Number 6 (p. 692). AJOT.
  • Umansky Law Firm (n.d.) Orlando Second-Degree Misdemeanor Lawyer. Retrieved 10/11/22. Visit Source.