reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 484 - Dispensing of Optical Devices and Hearing AIDS › Part II - Fitting and Dispensing of Hearing AIDS (Ss. 484.0401-484.059) › 484.041 - Definitions.

484.041 Definitions.—As used in this part, the term:
(1) “Board” means the Board of Hearing Aid Specialists.
(2) “Department” means the Department of Health.
(3) “Dispensing prescription hearing aids” means and includes:
(a) Conducting and interpreting hearing tests for purposes of selecting suitable prescription hearing aids, making earmolds or ear impressions, and providing appropriate counseling.
(b) All acts pertaining to the selling, renting, leasing, pricing, delivery, and warranty of prescription hearing aids.
(4) “Hearing aid” means any wearable device designed for, offered for the purpose of, or represented as aiding persons with, or compensating for, impaired hearing.
(5) “Hearing aid establishment” means any establishment in this state which employs a licensed hearing aid specialist who offers, advertises, and performs hearing aid services for the general public.
(6) “Hearing aid specialist” means a person duly licensed in this state to practice the dispensing of prescription hearing aids.
(7) “Over-the-counter hearing aid” means an air-conduction hearing aid that does not require implantation or other surgical intervention and is intended for use by a person 18 years of age or older to compensate for perceived mild to moderate hearing impairment.
(8) “Prescription hearing aid” means a hearing aid that satisfies the requirements of this part and is not an over-the-counter hearing aid.
(9) “Sponsor” means an active, licensed hearing aid specialist under whose direct supervision one or more trainees are studying prescription hearing aid dispensing for the purpose of qualifying for certification to sit for the licensure examination.
(10) “Trainee” means a person studying prescription hearing aid dispensing under the direct supervision of an active licensed hearing aid specialist for the purpose of qualifying for certification to sit for the licensure examination.
History.—ss. 2, 18, ch. 83-153; ss. 1, 7, ch. 84-94; ss. 2, 19, 20, ch. 86-283; s. 1, ch. 87-47; s. 22, ch. 90-341; s. 11, ch. 90-345; s. 4, ch. 91-429; s. 179, ch. 94-218; s. 172, ch. 97-264; s. 25, ch. 2023-71.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 484 - Dispensing of Optical Devices and Hearing AIDS › Part II - Fitting and Dispensing of Hearing AIDS (Ss. 484.0401-484.059) › 484.042 - Board of Hearing Aid Specialists; membership, appointment, terms.

484.042 Board of Hearing Aid Specialists; membership, appointment, terms.—
(1) The Board of Hearing Aid Specialists is created within the Department of Health and shall consist of nine members to be appointed by the Governor and confirmed by the Senate.
(2) Five members of the board shall be hearing aid specialists who have been licensed and practicing the dispensing of prescription hearing aids in this state for at least the preceding 4 years. The remaining four members, none of whom shall derive economic benefit from the fitting or dispensing of hearing aids, shall be appointed from the resident lay public of this state. One of the lay members shall be a prescription hearing aid user but may not be nor have been a hearing aid specialist or a licensee of a closely related profession. One lay member shall be an individual age 65 or over. One lay member shall be an otolaryngologist licensed pursuant to chapter 458 or chapter 459.
(3) Members of the board shall be appointed for terms of 4 years each.
(4) All provisions of chapter 456 relating to activities of regulatory boards apply to the board. However, notwithstanding the requirement of s. 456.073(4) that the board provide by rule for the determination of probable cause by a panel composed of its members or by the department, the board may provide by rule that its probable cause panel may be composed of one current member of the board and one past member of the board, as long as the past member is a licensed hearing aid specialist in good standing. The past board member shall be appointed to the panel for a maximum of 2 years by the chair of the board with the approval of the State Surgeon General.
History.—ss. 3, 18, ch. 83-153; ss. 1, 7, ch. 84-94; s. 82, ch. 85-81; ss. 3, 19, 20, ch. 86-283; s. 25, ch. 90-134; s. 22, ch. 90-341; ss. 5, 11, ch. 90-345; s. 27, ch. 91-137; s. 4, ch. 91-429; s. 49, ch. 92-149; s. 333, ch. 94-119; s. 6, ch. 94-160; s. 180, ch. 94-218; s. 451, ch. 97-103; s. 173, ch. 97-264; s. 141, ch. 98-166; s. 199, ch. 2000-160; s. 99, ch. 2008-6; s. 26, ch. 2023-71.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 484 - Dispensing of Optical Devices and Hearing AIDS › Part II - Fitting and Dispensing of Hearing AIDS (Ss. 484.0401-484.059) › 484.043 - Board headquarters.

484.043 Board headquarters.—The board shall maintain its official headquarters in Tallahassee.
History.—ss. 4, 18, ch. 83-153; ss. 1, 7, ch. 84-94; ss. 19, 20, ch. 86-283; s. 22, ch. 90-341; s. 11, ch. 90-345; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 484 - Dispensing of Optical Devices and Hearing AIDS › Part II - Fitting and Dispensing of Hearing AIDS (Ss. 484.0401-484.059) › 484.044 - Authority to make rules.

484.044 Authority to make rules.—
(1) The board has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this part conferring duties upon it.
(2) The board shall adopt rules requiring that each prospective purchaser of a prescription hearing aid be notified by the attending hearing aid specialist, at the time of the initial examination for fitting and sale of a hearing aid, of telecoil, “t” coil, or “t” switch technology. The rules shall further require that hearing aid specialists make available to prospective purchasers or clients information regarding telecoils, “t” coils, or “t” switches.
History.—ss. 14, 18, ch. 83-153; ss. 1, 7, ch. 84-94; ss. 4, 19, 20, ch. 86-283; s. 22, ch. 90-341; s. 11, ch. 90-345; s. 4, ch. 91-429; s. 334, ch. 94-119; s. 7, ch. 94-160; s. 157, ch. 98-200; s. 27, ch. 2023-71.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 484 - Dispensing of Optical Devices and Hearing AIDS › Part II - Fitting and Dispensing of Hearing AIDS (Ss. 484.0401-484.059) › 484.0445 - Training program.

484.0445 Training program.—
(1) The board shall establish by rule a training program for a minimum 6 months in length, which may include a board-approved home study course.
(2) A trainee shall perform the functions of a hearing aid specialist in accordance with board rules only under the direct supervision of a licensed hearing aid specialist. The term “direct supervision” means that the sponsor is responsible for all work being performed by the trainee. The sponsor or a hearing aid specialist designated by the sponsor shall give final approval to work performed by the trainee and shall be physically present at the time the prescription hearing aid is delivered to the client.
(3) The board may limit pursuant to rule the number of trainees a hearing aid specialist may supervise.
(4) The board may, by rule, require that a licensed hearing aid specialist acting as a sponsor or as the designee of a sponsor under this section be certified by the National Board for Certification in Hearing Instrument Sciences.
History.—ss. 5, 20, ch. 86-283; s. 2, ch. 87-47; s. 35, ch. 88-392; s. 60, ch. 89-374; s. 1, ch. 90-38; s. 22, ch. 90-341; s. 11, ch. 90-345; s. 4, ch. 91-429; s. 158, ch. 94-119; s. 452, ch. 97-103; s. 6, ch. 2000-154; s. 123, ch. 2001-277; s. 28, ch. 2023-71.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 484 - Dispensing of Optical Devices and Hearing AIDS › Part II - Fitting and Dispensing of Hearing AIDS (Ss. 484.0401-484.059) › 484.0447 - Fees.

484.0447 Fees.—The board shall by rule establish fees to be paid as follows:
(1) Examination application fee, not to exceed $150;
(2) Examination fee, not to exceed $175, which is refundable if the applicant is found to be ineligible to take the examination;
(3) Reexamination fee, not to exceed $175;
(4) Initial licensure fee, not to exceed $600;
(5) Trainee registration fee, not to exceed $100; and
(6) Biennial renewal fee, not to exceed $600.
History.—ss. 6, 20, ch. 86-283; s. 30, ch. 88-205; s. 61, ch. 89-162; s. 26, ch. 90-134; s. 22, ch. 90-341; ss. 6, 11, ch. 90-345; s. 28, ch. 91-137; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 484 - Dispensing of Optical Devices and Hearing AIDS › Part II - Fitting and Dispensing of Hearing AIDS (Ss. 484.0401-484.059) › 484.045 - Licensure by examination.

484.045 Licensure by examination.—
(1) Any person desiring to be licensed as a hearing aid specialist shall apply to the department on a form approved by the department.
(2) The department shall license each applicant who the board certifies meets all of the following criteria:
(a) Has completed the application form and remitted the required fees.
(b) Is of good moral character.
(c) Is 18 years of age or older.
(d) Is a graduate of an accredited high school or its equivalent.
(e)1. Has met the requirements of the training program; or
2.a. Has a valid, current license as a hearing aid specialist or its equivalent from another state and has been actively practicing in such capacity for at least 12 months; or
b. Is currently certified by the National Board for Certification in Hearing Instrument Sciences and has been actively practicing for at least 12 months.
(f) Has passed an examination, as prescribed by board rule.
(g) Has demonstrated, in a manner designated by rule of the board, knowledge of state laws and rules relating to the fitting and dispensing of prescription hearing aids.
(3) A person who fails the examination may make application for reexamination to the appropriate examining entity, as prescribed by board rule.
History.—ss. 5, 18, ch. 83-153; ss. 1, 7, ch. 84-94; ss. 7, 19, 20, ch. 86-283; s. 2, ch. 90-38; s. 30, ch. 90-134; s. 22, ch. 90-341; ss. 9, 11, ch. 90-345; s. 4, ch. 91-429; s. 159, ch. 94-119; s. 453, ch. 97-103; s. 58, ch. 99-5; s. 124, ch. 2001-277; s. 29, ch. 2023-71.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 484 - Dispensing of Optical Devices and Hearing AIDS › Part II - Fitting and Dispensing of Hearing AIDS (Ss. 484.0401-484.059) › 484.047 - Renewal of license.

484.047 Renewal of license.—
(1) The board by rule shall provide a method for the biennial renewal of a license.
(2) In addition to the other requirements for renewal provided in this section and by the board, the department shall renew a license upon receipt of the renewal application and the renewal fee. A licensee must maintain, if applicable, a certificate from a manufacturer or independent testing agent certifying that the testing room meets the requirements of s. 484.0501(6) and, if applicable, a certificate from a manufacturer or independent testing agent stating that all audiometric testing equipment used by the licensee has been calibrated acoustically to American National Standards Institute standards on an annual basis. Possession of an applicable certificate is a prerequisite to renewal.
(3) A licensee shall notify the board in writing of any change of address.
(4) The board may adopt rules to require no more than 30 approved hours of mandatory continuing education for the renewal of a hearing aid specialist’s license.
History.—ss. 7, 18, ch. 83-153; ss. 1, 7, ch. 84-94; s. 1, ch. 84-239; s. 83, ch. 85-81; ss. 9, 19, 20, ch. 86-283; s. 3, ch. 90-38; s. 22, ch. 90-341; s. 11, ch. 90-345; s. 30, ch. 91-137; s. 4, ch. 91-429; s. 249, ch. 94-119; s. 31, ch. 2016-230.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 484 - Dispensing of Optical Devices and Hearing AIDS › Part II - Fitting and Dispensing of Hearing AIDS (Ss. 484.0401-484.059) › 484.051 - Itemization of prices; delivery of prescription hearing aid; receipt, packaging, disclaimer, guarantee.

484.051 Itemization of prices; delivery of prescription hearing aid; receipt, packaging, disclaimer, guarantee.—
(1) Before delivery of services or products to a prospective purchaser, any person who fits and sells prescription hearing aids must disclose on request by the prospective purchaser an itemized listing of prices, which must include separate price estimates for each service component and each product. Provision of such itemized listing of prices may not be predicated on the prospective purchaser’s payment of any charge or agreement to purchase any service or product.
(2) Any person who fits and sells a prescription hearing aid must, at the time of delivery, provide the purchaser with a receipt containing the seller’s signature, the address of her or his regular place of business, and her or his license or trainee registration number, if applicable, together with the brand, model, manufacturer or manufacturer’s identification code, and serial number of the prescription hearing aid furnished and the amount charged for the prescription hearing aid. The receipt must also specify whether the prescription hearing aid is new, used, or rebuilt; the length of time and other terms of the guarantee; and by whom the prescription hearing aid is guaranteed. If the client has requested an itemized list of prices, the receipt must also provide an itemization of the total purchase price, including, but not limited to, the cost of the aid, earmold, batteries and other accessories, and any services. Notice of the availability of this service shall be displayed in a conspicuous manner in the office. The receipt must also state that any complaint concerning the prescription hearing aid and guarantee therefor, if not reconciled with the licensee from whom the prescription hearing aid was purchased, should be directed by the purchaser to the Department of Health. The address and telephone number of such office must be stated on the receipt.
(3) A prescription hearing aid may not be sold to any person unless both the packaging containing the prescription hearing aid and the itemized receipt provided pursuant to subsection (2) carry the following disclaimer in 10-point or larger type: “A hearing aid will not restore normal hearing, nor will it prevent further hearing loss.”
History.—ss. 12, 18, ch. 83-153; ss. 1, 7, ch. 84-94; ss. 12, 19, 20, ch. 86-283; s. 4, ch. 90-38; s. 22, ch. 90-341; s. 11, ch. 90-345; s. 4, ch. 91-429; s. 336, ch. 94-119; s. 9, ch. 94-160; s. 454, ch. 97-103; s. 174, ch. 97-264; s. 31, ch. 2023-71.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 484 - Dispensing of Optical Devices and Hearing AIDS › Part II - Fitting and Dispensing of Hearing AIDS (Ss. 484.0401-484.059) › 484.0513 - Cancellation by medical authorization; purchaser’s right to return.

484.0513 Cancellation by medical authorization; purchaser’s right to return.—
(1) In addition to any other rights and remedies the purchaser of a prescription hearing aid may have, the purchaser has the right to rescind the transaction if the purchaser for whatever reason consults a licensed physician with specialty board certification in otolaryngology or internal medicine or a licensed family practice physician, subsequent to purchasing a prescription hearing aid, and the physician certifies in writing that the purchaser has a hearing impairment for which a prescription hearing aid will not provide a benefit or that the purchaser has a medical condition which contraindicates the use of a prescription hearing aid.
(2) The purchaser of a prescription hearing aid has the right to rescind as provided in subsection (1) only if the purchaser gives a written notice of the intent to rescind the transaction to the seller at the seller’s place of business by certified mail, return receipt requested, which must be posted within 60 days after the date of delivery of the prescription hearing aid to the purchaser, and the purchaser returns the prescription hearing aid to the seller in the original condition less normal wear and tear.
(3) If the conditions of subsections (1) and (2) are met, the seller must, without request, refund to the purchaser, within 10 days after receipt of the notice to rescind, a full and complete refund of all moneys received, less 5 percent. The purchaser does not incur any additional liability for rescinding the transaction.
History.—ss. 13, 20, ch. 86-283; s. 22, ch. 90-341; s. 11, ch. 90-345; s. 4, ch. 91-429; s. 33, ch. 2023-71.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 484 - Dispensing of Optical Devices and Hearing AIDS › Part II - Fitting and Dispensing of Hearing AIDS (Ss. 484.0401-484.059) › 484.053 - Prohibitions; penalties.

484.053 Prohibitions; penalties.—
(1) A person may not:
(a) Practice dispensing prescription hearing aids unless the person is a licensed hearing aid specialist;
(b) Use the name or title “hearing aid specialist” when the person has not been licensed under this part;
(c) Present as her or his own the license of another;
(d) Give false, incomplete, or forged evidence to the board or a member thereof for the purposes of obtaining a license;
(e) Use or attempt to use a hearing aid specialist license that is delinquent or has been suspended, revoked, or placed on inactive status;
(f) Knowingly employ unlicensed persons in the practice of dispensing prescription hearing aids; or
(g) Knowingly conceal information relative to violations of this part.
(2) Any person who violates any provision of this section is guilty of a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.
(3) If a person licensed under this part allows the sale of a prescription hearing aid by an unlicensed person not registered as a trainee or fails to comply with the requirements of s. 484.0445(2) relating to supervision of trainees, the board must, upon determination of that violation, order the full refund of moneys paid by the purchaser upon return of the prescription hearing aid to the seller’s place of business.
History.—ss. 9, 18, ch. 83-153; ss. 1, 7, ch. 84-94; ss. 14, 19, 20, ch. 86-283; s. 22, ch. 90-341; s. 11, ch. 90-345; s. 116, ch. 91-224; s. 4, ch. 91-429; s. 251, ch. 94-119; s. 455, ch. 97-103; s. 156, ch. 99-397; s. 7, ch. 2000-154; s. 61, ch. 2000-318; s. 34, ch. 2023-71.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 484 - Dispensing of Optical Devices and Hearing AIDS › Part II - Fitting and Dispensing of Hearing AIDS (Ss. 484.0401-484.059) › 484.054 - Sale or distribution of prescription hearing aids through mail; penalty.

484.054 Sale or distribution of prescription hearing aids through mail; penalty.—It is unlawful for any person to sell or distribute prescription hearing aids through the mail to the ultimate consumer. Any violation of this section constitutes a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—ss. 13, 18, ch. 83-153; ss. 1, 7, ch. 84-94; ss. 15, 19, 20, ch. 86-283; s. 22, ch. 90-341; s. 11, ch. 90-345; s. 32, ch. 91-137; s. 117, ch. 91-224; s. 4, ch. 91-429; s. 35, ch. 2023-71.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 484 - Dispensing of Optical Devices and Hearing AIDS › Part II - Fitting and Dispensing of Hearing AIDS (Ss. 484.0401-484.059) › 484.058 - Declaration of place of business; posting of license and notice.

484.058 Declaration of place of business; posting of license and notice.—Each licensee shall declare and establish a regular place of business, at which the licensee’s license shall be conspicuously displayed.
History.—ss. 17, 20, ch. 86-283; s. 22, ch. 90-341; s. 11, ch. 90-345; s. 4, ch. 91-429; s. 456, ch. 97-103.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 484 - Dispensing of Optical Devices and Hearing AIDS › Part II - Fitting and Dispensing of Hearing AIDS (Ss. 484.0401-484.059) › 484.059 - Exemptions.

484.059 Exemptions.—
(1) The licensure requirements of this part do not apply to any person engaged in recommending prescription hearing aids as part of the academic curriculum of an accredited institution of higher education, or as part of a program conducted by a public charitable institution supported primarily by voluntary contribution, provided this organization does not dispense or sell prescription hearing aids or accessories.
(2) The licensure requirements of this part do not apply to any person licensed to practice medicine in this state, except that such physician must comply with the requirement of periodic filing of the certificate of testing and calibration of audiometric equipment as provided in this part. A person employed by or working under the supervision of a person licensed to practice medicine may not perform any services or acts which would constitute the dispensing of prescription hearing aids as defined in s. 484.041, unless such person is a licensed hearing aid specialist.
(3) The licensure requirements of this part do not apply to an audiologist licensed under part I of chapter 468.
(4) Section 484.053(1)(a) does not apply to registered trainees operating in compliance with this part and board rules.
(5) The licensure requirements of this part do not apply to a person who services, markets, sells, dispenses, provides customer support for, or distributes exclusively over-the-counter hearing aids, whether through in-person transactions, by mail, or online. For purposes of this subsection, over-the-counter hearing aids are those that are available without the supervision, prescription, or other order, involvement, or intervention of a licensed person to consumers through in-person transactions, by mail, or online. These devices allow the user to control the device and customize it to the user’s hearing needs through the use of tools, tests, or software, including, but not limited to, wireless technology or tests for self-assessment of hearing loss.
History.—ss. 16, 18, ch. 83-153; ss. 1, 7, ch. 84-94; ss. 18, 19, 20, ch. 86-283; s. 27, ch. 90-134; s. 22, ch. 90-341; ss. 7, 11, ch. 90-345; s. 4, ch. 91-429; s. 36, ch. 2023-71.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 485 - Hypnosis › 485.001 - Short Title.

485.001 Short title.—This chapter shall be known as the “Hypnosis Law.”
History.—s. 2, ch. 61-506; s. 201, ch. 2000-160.
Note.—Former s. 456.30.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 485 - Hypnosis › 485.002 - Legislative Intent.

485.002 Legislative intent.—
(1) It is recognized that hypnosis has attained a significant place as another technique in the treatment of human injury, disease, and illness, both mental and physical; that the utilization of hypnotic techniques for therapeutic purposes should be restricted to certain practitioners of the healing arts who are qualified by professional training to fulfill the necessary criteria required for diagnosis and treatment of human illness, disease, or injury within the scope of their own particular field of competence; or that such hypnotic techniques should be employed by qualified individuals who work under the direction, supervision, or prescription of such practitioners.
(2) It is the intent of the Legislature to provide for certain practitioners of the healing arts, such as a trained and qualified dentist, to use hypnosis for hypnoanesthesia or for the allaying of anxiety in relation to dental work; however, under no circumstances shall it be legal or proper for the dentist or the individual to whom the dentist may refer the patient, to use hypnosis for the treatment of the neurotic difficulties of a patient. The same applies to the optometrist, podiatric physician, chiropractic physician, osteopathic physician, or physician of medicine.
(3) It is, therefore, the intent and purpose of this chapter to regulate the practice of hypnosis for therapeutic purposes by providing that such hypnotic techniques shall be used only by certain practitioners of the healing arts within the limits and framework of their own particular field of competence; or by qualified persons to whom a patient may be referred, in which event the referring practitioner of the healing arts shall be responsible, severally or jointly, for any injury or damages resulting to the patient because of either his or her own incompetence, or the incompetence of the person to whom the patient was referred.
History.—s. 1, ch. 61-506; s. 2, ch. 65-170; s. 194, ch. 97-103; s. 48, ch. 97-264; ss. 195, 267, ch. 98-166; s. 201, ch. 2000-160.
Note.—Former s. 456.31.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 485 - Hypnosis › 485.003 - Definitions.

485.003 Definitions.—In construing this chapter, the words, phrases, or terms, unless the context otherwise indicates, shall have the following meanings:
(1) “Hypnosis” shall mean hypnosis, hypnotism, mesmerism, posthypnotic suggestion, or any similar act or process which produces or is intended to produce in any person any form of induced sleep or trance in which the susceptibility of the person’s mind to suggestion or direction is increased or is intended to be increased, where such a condition is used or intended to be used in the treatment of any human ill, disease, injury, or for any other therapeutic purpose.
(2) “Healing arts” shall mean the practice of medicine, surgery, psychiatry, dentistry, osteopathic medicine, chiropractic medicine, naturopathy, podiatric medicine, chiropody, psychology, clinical social work, marriage and family therapy, mental health counseling, and optometry.
(3) “Practitioner of the healing arts” shall mean a person licensed under the laws of the state to practice medicine, surgery, psychiatry, dentistry, osteopathic medicine, chiropractic medicine, naturopathy, podiatric medicine, chiropody, psychology, clinical social work, marriage and family therapy, mental health counseling, or optometry within the scope of his or her professional training and competence and within the purview of the statutes applicable to his or her respective profession, and who may refer a patient for treatment by a qualified person, who shall employ hypnotic techniques under the supervision, direction, prescription, and responsibility of such referring practitioner.
(4) “Qualified person” shall mean a person deemed by the referring practitioner to be qualified by both professional training and experience to be competent to employ hypnotic technique for therapeutic purposes, under supervision, direction, or prescription.
History.—s. 3, ch. 61-506; s. 2, ch. 65-170; s. 1, ch. 95-279; s. 195, ch. 97-103; s. 1, ch. 97-198; s. 193, ch. 97-264; ss. 196, 268, ch. 98-166; s. 201, ch. 2000-160.
Note.—Former s. 456.32.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 485 - Hypnosis › 485.004 - When Practice of Hypnosis Prohibited.

485.004 When practice of hypnosis prohibited.—It shall be unlawful for any person to engage in the practice of hypnosis for therapeutic purposes unless such person is a practitioner of one of the healing arts, as herein defined, or acts under the supervision, direction, prescription, and responsibility of such a person.
History.—s. 4, ch. 61-506; s. 201, ch. 2000-160.
Note.—Former s. 456.33.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 485 - Hypnosis › 485.005 - Penalties.

485.005 Penalties.—
(1) MISDEMEANOR.—Any person who shall violate the provisions of this chapter shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(2) REVOCATION OF LICENSE.—A violation of any of the provisions of this chapter by any person licensed to practice any branch of the healing arts in this state shall constitute grounds for revocation of license, and action may be taken by the respective boards in accordance with the applicable statutes.
(3) CIVIL LIABILITY.—Any person who shall be damaged or injured by any practitioner of the healing arts, or by any person to whom such a practitioner may refer a patient for treatment, may bring suit against the practitioner either severally, or jointly, with the person to whom the referral was made.
(4) CONSTRUCTION IN RELATION TO OTHER LAWS.—No civil or criminal remedy for any wrongful action shall be excluded or impaired by the provisions of this chapter.
History.—s. 5, ch. 61-506; s. 387, ch. 71-136; s. 201, ch. 2000-160.
Note.—Former s. 456.34.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 486 - Physical Therapy Practice › 486.011 - Short Title.

486.011 Short title.—This chapter may be cited as the “Physical Therapy Practice Act.”
History.—s. 1, ch. 57-67; s. 2, ch. 79-116; ss. 2, 3, ch. 81-318; s. 24, ch. 83-86; ss. 17, 18, ch. 86-31; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 486 - Physical Therapy Practice › 486.015 - Legislative Intent.

486.015 Legislative intent.—The sole legislative purpose in enacting this chapter is to ensure that every physical therapy practitioner practicing in this state meets minimum requirements for safe practice. It is the legislative intent that physical therapy practitioners who fall below minimum competency or who otherwise present a danger to the public be prohibited from practicing in this state.
History.—ss. 1, 24, ch. 83-86; ss. 2, 17, 18, ch. 86-31; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 486 - Physical Therapy Practice › 486.023 - Board of Physical Therapy Practice.

486.023 Board of Physical Therapy Practice.—
(1) There is created within the department the Board of Physical Therapy Practice, composed of seven members appointed by the Governor and subject to confirmation by the Senate.
(2) Five board members shall be licensed physical therapists in good standing in this state who are residents of this state and who have been engaged in the practice of physical therapy for at least 4 years immediately prior to their appointment. One licensed physical therapist board member may be a full-time faculty member teaching in a physical therapy curriculum in an educational institution in this state. The two remaining members shall be residents of this state who have never been licensed health care practitioners.
(3) As the terms of the members expire, the Governor shall appoint successors for terms of 4 years, and such members shall serve until their successors are appointed.
(4) All provisions of chapter 456 relating to activities of the board shall apply.
History.—ss. 3, 17, ch. 89-124; s. 24, ch. 90-228; s. 4, ch. 91-429; s. 182, ch. 94-218; s. 176, ch. 97-264; s. 143, ch. 98-166; s. 202, ch. 2000-160.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 486 - Physical Therapy Practice › 486.025 - Powers and Duties of the Board of Physical Therapy Practice.

486.025 Powers and duties of the Board of Physical Therapy Practice.—The board may administer oaths, summon witnesses, take testimony in all matters relating to its duties under this chapter, establish or modify minimum standards of practice of physical therapy as defined in s. 486.021, including, but not limited to, standards of practice for the performance of dry needling by physical therapists, and adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this chapter. The board may also review the standing and reputability of any school or college offering courses in physical therapy and whether the courses of such school or college in physical therapy meet the standards established by the appropriate accrediting agency referred to in s. 486.031(3)(a). In determining the standing and reputability of any such school and whether the school and courses meet such standards, the board may investigate and personally inspect the school and courses.
History.—s. 12, ch. 57-67; ss. 36, 44, ch. 78-95; s. 2, ch. 79-116; s. 365, ch. 81-259; ss. 2, 3, ch. 81-318; ss. 3, 24, ch. 83-86; ss. 4, 17, 18, 19, 20, ch. 86-31; s. 4, ch. 89-124; ss. 4, 5, ch. 91-429; s. 158, ch. 98-200; s. 2, ch. 2020-128.
Note.—Former s. 486.121.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 486 - Physical Therapy Practice › 486.028 - License to Practice Physical Therapy Required.

486.028 License to practice physical therapy required.—No person shall practice, or hold herself or himself out as being able to practice, physical therapy in this state unless she or he is licensed in accordance with the provisions of this chapter; however, nothing in this chapter shall prohibit any person licensed in this state under any other law from engaging in the practice for which she or he is licensed.
History.—s. 7, ch. 57-67; s. 1, ch. 67-406; s. 6, ch. 67-537; s. 2, ch. 79-116; ss. 2, 3, ch. 81-318; ss. 4, 24, ch. 83-86; ss. 17, 18, ch. 86-31; s. 4, ch. 91-429; s. 457, ch. 97-103.
Note.—Former s. 486.071.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 486 - Physical Therapy Practice › 486.031 - Physical Therapist; Licensing Requirements.

486.031 Physical therapist; licensing requirements.—To be eligible for licensing as a physical therapist, an applicant must:
(1) Be at least 18 years old;
(2) Be of good moral character; and
(3)(a) Have been graduated from a school of physical therapy which has been approved for the educational preparation of physical therapists by the appropriate accrediting agency recognized by the Commission on Recognition of Postsecondary Accreditation or the United States Department of Education at the time of her or his graduation and have passed, to the satisfaction of the board, the American Registry Examination prior to 1971 or a national examination approved by the board to determine her or his fitness for practice as a physical therapist as hereinafter provided;
(b) Have received a diploma from a program in physical therapy in a foreign country and have educational credentials deemed equivalent to those required for the educational preparation of physical therapists in this country, as recognized by the appropriate agency as identified by the board, and have passed to the satisfaction of the board an examination to determine her or his fitness for practice as a physical therapist as hereinafter provided; or
(c) Be entitled to licensure without examination as provided in s. 486.081.
History.—s. 3, ch. 57-67; s. 2, ch. 67-537; s. 39, ch. 77-121; s. 3, ch. 78-278; s. 2, ch. 79-116; s. 362, ch. 81-259; ss. 2, 3, ch. 81-318; ss. 5, 24, ch. 83-86; ss. 17, 18, ch. 86-31; s. 5, ch. 89-124; s. 4, ch. 91-429; s. 28, ch. 94-310; s. 458, ch. 97-103; s. 177, ch. 97-264.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 486 - Physical Therapy Practice › 486.041 - Physical Therapist; Application for License; Fee.

486.041 Physical therapist; application for license; fee.—A person who desires to be licensed as a physical therapist shall apply to the department in writing on a form furnished by the department. She or he shall embody in that application evidence under oath, satisfactory to the board, of possession of the qualifications preliminary to examination required by s. 486.031. The applicant shall pay to the department at the time of filing the application a fee not to exceed $100, as fixed by the board.
History.—s. 4, ch. 57-67; s. 2, ch. 73-354; s. 4, ch. 78-278; s. 2, ch. 79-116; ss. 2, 3, ch. 81-318; ss. 6, 24, ch. 83-86; ss. 5, 17, 18, ch. 86-31; s. 31, ch. 88-205; s. 4, ch. 91-429; s. 459, ch. 97-103; s. 178, ch. 97-264; s. 158, ch. 99-397.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 486 - Physical Therapy Practice › 486.051 - Physical Therapist; Examination of Applicant.

486.051 Physical therapist; examination of applicant.—The examinations of an applicant for licensing as a physical therapist shall be in accordance with rules adopted by the board, to test the applicant’s qualifications and shall include the taking of a test by the applicant. If an applicant fails to pass the examination in three attempts, the applicant shall not be eligible for reexamination unless she or he completes additional educational or training requirements prescribed by the board. An applicant who has completed the additional educational or training requirements prescribed by the board may take the examination on two more occasions. If the applicant has failed to pass the examination after five attempts, she or he is no longer eligible to take the examination.
History.—s. 5, ch. 57-67; s. 24, ch. 61-514; s. 3, ch. 67-537; s. 3, ch. 73-354; s. 2, ch. 79-116; s. 363, ch. 81-259; ss. 2, 3, ch. 81-318; ss. 7, 24, ch. 83-86; ss. 6, 17, 18, ch. 86-31; s. 4, ch. 91-429; s. 460, ch. 97-103; s. 179, ch. 97-264.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 486 - Physical Therapy Practice › 486.061 - Physical Therapist; Issuance of License.

486.061 Physical therapist; issuance of license.—The board shall cause a license to be issued through the department to each applicant who successfully establishes eligibility under the terms of this chapter and remits the initial license fee set by the board, not to exceed $150. Any person who holds a license pursuant to this section may engage in the practice of physical therapy and use the words “physical therapist” or “physiotherapist,” or the letters “P.T.,” in connection with her or his name or place of business to denote her or his licensure hereunder.
History.—s. 6, ch. 57-67; s. 5, ch. 67-537; s. 2, ch. 79-116; ss. 2, 3, ch. 81-318; ss. 8, 24, ch. 83-86; ss. 7, 17, 18, ch. 86-31; s. 6, ch. 89-124; s. 4, ch. 91-429; s. 461, ch. 97-103.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 486 - Physical Therapy Practice › 486.0715 - Physical Therapist; Issuance of Temporary Permit.

486.0715 Physical therapist; issuance of temporary permit.—
(1) The board shall issue a temporary physical therapist permit to an applicant who meets the following requirements:
(a) Completes an application for a temporary permit on a form approved by the department.
(b) Is a graduate of an approved United States physical therapy educational program and meets all the eligibility requirements for licensure under ch. 456, s. 486.031(1)-(3)(a), and related rules, except passage of a national examination approved by the board is not required.
(c) Submits an application for licensure under s. 486.041.
(d) Demonstrates proof of possessing malpractice insurance.
(e) Submits documentation, under rules adopted by the board, verifying that the applicant will practice under the direct supervision of a licensed physical therapist as provided in subsection (3).
(2) A temporary permit is not renewable and is valid until a license is granted by the board. A temporary permit is void if the permittee does not pass a national examination approved by the board within 6 months after the date of graduation from a physical therapy training program.
(3) An applicant for a temporary permit may not work as a physical therapist until a temporary permit is issued by the board. A physical therapist who is practicing under a temporary permit must do so under the direct supervision of a licensed physical therapist. A supervising physical therapist shall supervise only one permittee at any given time. The supervising physical therapist must be licensed for a minimum of 6 months before the supervision period begins and must cosign all patient records produced by the physical therapist who is practicing under a temporary permit.
History.—s. 1, ch. 2012-69.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 486 - Physical Therapy Practice › 486.081 - Physical Therapist; Issuance of License Without Examination to Person Passing Examination of Another Authorized Examining Board; Fee.

486.081 Physical therapist; issuance of license without examination to person passing examination of another authorized examining board; fee.—
(1) The board may cause a license to be issued through the department without examination to any applicant who presents evidence satisfactory to the board of having passed the American Registry Examination prior to 1971 or an examination in physical therapy before a similar lawfully authorized examining board of another state, the District of Columbia, a territory, or a foreign country, if the standards for licensure in physical therapy in such other state, district, territory, or foreign country are determined by the board to be as high as those of this state, as established by rules adopted pursuant to this chapter. Any person who holds a license pursuant to this section may use the words “physical therapist” or “physiotherapist” or the letters “P.T.” in connection with her or his name or place of business to denote her or his licensure hereunder. A person who holds a license pursuant to this section and obtains a doctoral degree in physical therapy may use the letters “D.P.T.” and “P.T.” A physical therapist who holds a degree of Doctor of Physical Therapy may not use the title “doctor” without also clearly informing the public of his or her profession as a physical therapist.
(2) At the time of making application for licensure without examination pursuant to the terms of this section, the applicant shall pay to the department a fee not to exceed $175 as fixed by the board, no part of which will be returned.
History.—s. 8, ch. 57-67; s. 7, ch. 67-537; s. 5, ch. 73-354; s. 4, ch. 78-278; s. 2, ch. 79-116; ss. 2, 3, ch. 81-318; ss. 9, 24, ch. 83-86; ss. 8, 17, 18, ch. 86-31; s. 7, ch. 89-124; s. 4, ch. 91-429; s. 462, ch. 97-103; s. 180, ch. 97-264; s. 159, ch. 99-397; s. 2, ch. 2016-70.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 486 - Physical Therapy Practice › 486.085 - Physical Therapist; Renewal of License; Inactive Status; Reactivation of License; Fees.

486.085 Physical therapist; renewal of license; inactive status; reactivation of license; fees.—
(1) The department shall renew a license upon receipt of the renewal application and the fee set by the board not to exceed $200.
(2) The department shall adopt rules establishing a procedure for the biennial renewal of licenses.
(3) A license that has become inactive may be reactivated upon application to the department and completion of the requirements for reactivation under this section. The board shall prescribe by rule continuing education requirements as a condition of reactivating a license. The continuing education requirements for reactivating a license may not exceed 10 classroom hours for each year the license was inactive.
(4)(a) The board shall adopt rules relating to application procedures for inactive status, for renewal of inactive licenses, and for the reactivation of licenses. The board shall prescribe by rule an application fee for inactive status, a renewal fee for inactive status, a delinquency fee, and a fee for the reactivation of a license. None of these fees may exceed the biennial renewal fee established by the board for an active license.
(b) The department may not reactivate a license unless the inactive or delinquent licensee has paid any applicable biennial renewal or delinquency fee, or both, and a reactivation fee.
(c) The department may not reactivate a license unless the inactive licensee has met the continuing education requirements of subsection (3) or has fulfilled one of the following requirements for reactivation of a license:
1. Provides evidence satisfactory to the board that she or he has actively engaged in the practice of physical therapy in good standing in another state for the 4 years immediately preceding the filing of an application for reactivation; or
2. Makes application for and passes the examination as provided by s. 486.051 and pays the fee therefor as provided in s. 486.041.
History.—s. 4, ch. 67-537; s. 4, ch. 73-354; s. 4, ch. 78-278; s. 2, ch. 79-116; ss. 2, 3, ch. 81-318; ss. 10, 24, ch. 83-86; ss. 9, 17, 18, ch. 86-31; s. 32, ch. 88-205; s. 30, ch. 91-220; s. 4, ch. 91-429; s. 253, ch. 94-119; s. 463, ch. 97-103.
Note.—Former s. 486.052.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 486 - Physical Therapy Practice › 486.102 - Physical Therapist Assistant; Licensing Requirements.

486.102 Physical therapist assistant; licensing requirements.—To be eligible for licensing by the board as a physical therapist assistant, an applicant must:
(1) Be at least 18 years old;
(2) Be of good moral character; and
(3)(a) Have been graduated from a school giving a course of not less than 2 years for physical therapist assistants, which has been approved for the educational preparation of physical therapist assistants by the appropriate accrediting agency recognized by the Commission on Recognition of Postsecondary Accreditation or the United States Department of Education, at the time of her or his graduation and have passed to the satisfaction of the board an examination to determine her or his fitness for practice as a physical therapist assistant as hereinafter provided;
(b) Have been graduated from a school giving a course for physical therapist assistants in a foreign country and have educational credentials deemed equivalent to those required for the educational preparation of physical therapist assistants in this country, as recognized by the appropriate agency as identified by the board, and passed to the satisfaction of the board an examination to determine her or his fitness for practice as a physical therapist assistant as hereinafter provided;
(c) Be entitled to licensure without examination as provided in s. 486.107; or
(d) Have been enrolled between July 1, 2014, and July 1, 2016, in a physical therapist assistant school in this state which was accredited at the time of enrollment; and
1. Have been graduated or be eligible to graduate from such school no later than July 1, 2018; and
2. Have passed to the satisfaction of the board an examination to determine his or her fitness for practice as a physical therapist assistant as provided in s. 486.104.
History.—s. 10, ch. 67-537; s. 6, ch. 73-354; s. 2, ch. 79-116; ss. 2, 3, ch. 81-318; ss. 11, 24, ch. 83-86; ss. 17, 18, ch. 86-31; s. 8, ch. 89-124; s. 4, ch. 91-429; s. 29, ch. 94-310; s. 464, ch. 97-103; s. 181, ch. 97-264; s. 17, ch. 2013-93; s. 32, ch. 2016-230; s. 7, ch. 2017-134.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 486 - Physical Therapy Practice › 486.103 - Physical Therapist Assistant; Application for License; Fee.

486.103 Physical therapist assistant; application for license; fee.—A person who desires to be licensed as a physical therapist assistant shall apply to the department in writing on a form furnished by the department. She or he shall embody in that application evidence under oath, satisfactory to the board, of possession of the qualifications preliminary to examination required by s. 486.104. The applicant shall pay to the department at the time of filing the application a fee not to exceed $100, as fixed by the board.
History.—s. 11, ch. 67-537; s. 7, ch. 73-354; s. 4, ch. 78-278; s. 2, ch. 79-116; ss. 2, 3, ch. 81-318; ss. 12, 24, ch. 83-86; ss. 10, 17, 18, ch. 86-31; s. 33, ch. 88-205; s. 4, ch. 91-429; s. 465, ch. 97-103; s. 182, ch. 97-264; s. 160, ch. 99-397.