The Florida Board of Physical Therapy Practice Minutes February 12-13, 2015 Best Western Gateway Grand 4200 NW 97 th Boulevard Gainesville, FL 32606 Dr. Gina Petraglia, DPT Chair Dr. Kay Tasso, PT, PH.D., PCS Vice Chair Page 1 of 32
DEPARTMENT OF HEALTH MEDICAL QUALITY ASSURANCE BOARD OF PHYSICAL THERAPY GENERAL BUSINESS MEETING GENERAL RULES REVIEW February 12-13, 2015 MINUTES Best Western Gateway Grand 4200 NW 97 th Boulevard Gainesville, FL 32606 (352) 331-3336 Participants in this public meeting should be aware that these proceedings are being recorded and that an audio file of the meeting will be posted to the Board s website. February 12, 2015 3:00 p.m. The minutes reflect the actual sequence of events rather than the original agenda order. Call the Meeting to Order and Roll Call: Dr. Gina Petraglia, Chair, called the general business meeting to order at approximately 3:00 p.m. Those present for all or part of the meeting, included the following: MEMBERS PRESENT Dr. Gina Petraglia, Chair, DPT Dr. Kay Tasso, Vice Chair, PT, PhD, PCS Dr. William S. Quillen, PT, DPT, PhD, FACSM Mr. Steve Chenoweth, PT Ms. Christina Pettie, PT BOARD COUNSEL Larry Harris, Board Counsel, Assistant Attorney General Office STAFF PRESENT Allen Hall, Executive Board Director Jessica Sapp, Program Administrator RULE DISCUSSION Tab 1 64B17-9.001 Continuing Education During the August board meeting, rule language was approved to no longer accept continuing education courses that have been approved by a component of the American Physical Therapy Association. This includes state chapters and sections. This change moved through the rule making process and became effective November 23, 2014. The board office received numerous phone calls and emails from licensees and CE providers expressing their concerns with how the rule change will negatively impact them. Emailed comments were provided for the Boards consideration. Section 486.109, F.S. states, in part, the board shall approve only those courses sponsored or approved by the Florida Physical Therapy Association or the American Physical Therapy Association. Dr. Lee Roberts, a continuing education provider, addressed the board. Tad Fisher, Chief Executive Director and Michelle Higdon, Deputy Executive Director, from the Florida Physical Therapy Association addressed the board. Page 2 of 32
Rex Ware, Esq. from Buchanan Ingersoll & Rooney PC, represented his client Rick Schroeder, a provider of PTcourses.com and addressed the board. The Board analyzed and interpreted language that is already in place, and discussed how the APTA is made up of components, which includes state chapters and sections. Karen Cascardi, Academic Coordinator of Clinical Education from South University, addressed the board. Dr. Petraglia stated her interpretation of the current law is that courses sponsored or approved by the APTA are to include chapters and sections of the APTA. The Board agreed with this interpretation. Therefore, licensees may receive continuing education credit for successfully completing a course from an APTA component. Tab 2 Pro Bono Services During the August 2014 board meeting, the board discussed the possibility of allowing continuing education credit for the performance of pro bono services. Board Counsel drafted the below language for the Board s review. 64B17-9.002 Performance of Pro Bono Services. (1) As provided in Section 456.013(9), F.S., up to six (6) hours per biennium of continuing education credit may be fulfilled by the performance of pro bono services to the indigent or to underserved populations or in areas of critical need within the state where the licensee practices. (2) In order to receive credit under this rule, licensees must make written application to the Board and receive approval in advance. One (1) hour of continuing education credit shall be given for each two (2) hours worked. If the licensee intends to provide services in underserved or critical need areas, the application shall provide a brief explanation as to those facts. After discussion it was determined that Mr. Harris will perform additional research on the definition of critical care and bring back results and revised language at the next available meeting for further consideration. Tab 3 Exam Security and Sanctions for Subversions Board Counsel wanted to discuss a possible amendment to Rules 64B17-3.006 and 4.006. These rules reference the Department of Health Rule 64B-1.004, F.A.C., relating to exam security, which is in the process of being repealed. The department rules have been withdrawn so it is still a valid rule therefore Mr. Harris withdrew his request but will monitor the progress of the rule and bring back before the board if necessary. REPORTS Tab 4 Larry Harris, Assistant Attorney General Mr. Harris provided the Board with a current rules report Page 3 of 32
Rule Number Title Approved by Board Sent to OFARR Rule Dev. Published Notice Published Adopted Effective THE FOLLOWING RULES ARE IN PROCESS: NO RULES CURRENTLY IN PROCESS THE FOLLOWING RULES WERE ADOPTED WITHIN THE PAST THREE (3) MONTHS: 64B17- Licensure as a 08/07/14 09/24/14 09/25/14 10/13/14 11/25/14 12/15/14 3.001 Physical Therapist by Examination 64B17- Licensure by 08/07/14 09/24/14 09/25/14 10/13/14 11/25/14 12/15/14 3.003 64B17-4.001 64B17-4.003 64B17-9.001 Endorsement Licensure as a Physical Therapist Assistant by Examination Licensure by Endorsement Continuing Education 08/07/14 09/24/14 09/25/14 10/13/14 01/06/15 01/26/15 08/07/14 09/24/14 09/25/14 10/13/14 01/06/15 01/26/15 08/07/14 09/10/14 09/11/14 10/02/14 11/03/14 11/23/14 Tab 5 Chair/Vice Chair Report Dr. Gina Petraglia Dr. Kay Tasso No report Tab 6 Executive Director Report Cash Balance Report Board Expenditures The above reports were presented as informational only. APPLICANT/LICENSEE RATIFICATION LISTS Tab 7 Ratification List for Approved Applicants Physical Therapist Applicants MOTION: Dr. Petraglia made a motion to ratify the list of physical therapists for licensure by examination/endorsement (Exhibit A), 259 in number starting with PT 29639 and ending with PT 30003. The motion was seconded by Dr. Quillen and carried 5/0. Physical Therapist Assistant Applicants Page 4 of 32
MOTION: Dr. Petraglia made a motion to ratify the list of physical therapists assistants for licensure by examination/endorsement (Exhibit B), 217 in number starting with PTA 24887 and ending with PTA 25471. The motion was seconded by Ms. Pettie and carried 5/0. Tab 8 Ratification List for Employment Exemption MOTION: Dr. Petraglia made a motion to ratify the physical therapists, Cathy Reeves and Kennon Mott, who were granted an employment exemption. The motion was seconded by Dr. Tasso and carried 5/0. NEW BUSINESS Tab 9 Board Officer Elections BOARD CHAIR: Dr. Gina Petraglia VICE CHAIR: Ms. Christina Pettie LEGISLATIVE LIAISON: Dr. Gina Petraglia BUDGET LIAISON: Mr. Steve Chenoweth UNLICENSED ACTIVITY LIAISON: Ms. Christina Pettie EDUCATION LIAISON: Dr. William Quillen ENFORCEMENT LIAISON: Dr. Kay Tasso MOTION: After discussion, Dr. Petraglia made a motion to approve the above mentioned elections. The motion was seconded by Dr. Quillen and carried 5/0. It is important to note that following Friday s board meeting, Dr. Quillen announced his resignation. Therefore, the board appointed Dr. Tasso to serve as the Education Liaison. Tab 10 Delegation of Authority Board staff prepares a Delegation of Authority matrix to be approved by the board each year. The Board would like to remove the authority to approve travel authorizations from the board chair. MOTION: After discussion, Dr. Petraglia made a motion to approve the verbally amended delegation. The motion was seconded by Dr. Quillen and carried 5/0. Tab 11 Healthiest Weight Liaison Information Mr. Hall provided the board with information on the Department s current Healthiest Weight Initiative. The Board would like to receive a quarterly email that includes handouts and any information regarding the initiative. Representatives from the Florida Physical Therapy Page 5 of 32
Association (FPTA) were present and offered to integrate this outreach into their communications. Ms. Pettie suggested Dr. Howard from the Department of Health be available to provide a presentation at an association meeting, along with having a booth at the association meeting to display Healthiest Weight information and brochures. The Board also suggested drafting a letter to educational programs in Florida to possibly include in their health information curriculum. Tab 12 2015 FSBPT Annual Meeting Delegates This year, the FSBPT will fund three people from each board to the Annual Meeting in Orlando, Florida on October 15-17, 2015: One voting delegate, one alternate delegate and one Administrator. Voting Delegate: Dr. Kay Tasso Alternate Delegate: Mr. Steve Chenoweth Administrator: Ms. Jessica Sapp OLD BUSINESS Tab 13 2015 FSBPT Budget This was presented as informational. Tab 14 Cash Balance Inquiry At the November meeting, there was an inquiry regarding the projected cash balance of $116,467 for fiscal year 2014/15. The Senor Health Budget Analyst was asked the specific reason or reasons why the balance dropped lower in that year as compared to the other actual and projected balances. Factors contributing to the lower FY1415 projected cash balance include the following: Non-renewal fiscal year. Revenues are lower in non-renewal years. Cash Sweep impact of $153,579 Licensure Modernization Project. Costs are allocated to all professions to pay for an upgraded licensure system that went online in November of this year. 1.99% of the cost was allocated to physical therapy or $105,470. Tab 15 Board of Physical Therapy Minute November 6-7, 2014 Minutes MOTION: Dr. Tasso made a motion to approve the minutes as presented. The motion was seconded by Dr. Quillen and carried 5/0. OTHER BUSINESS AND INFORMATION Tab 16 Exam Statistics This was presented as informational. Page 6 of 32
Tab 17 Staff Recognition This was presented as informational. MEETING RECESS: 5:30 6:30 p.m. Tab 18 NPTE Eligibility Requirements During the November board meeting, the board discussed the changes to the National Physical Therapy Exam (NPTE) eligibility requirements and how these changes may be implemented. The board has invited the Federation of State Boards of Physical Therapy (FSBPT), the Florida Physical Therapy Association (FPTA), the American Physical Therapy Association (APTA), and program directors from Florida PT and PTA programs. Susan Layton, Chief Operating Officer of FSBPT, and Ron Seymour, PT, FSBPT Board of Directors and state liaison, gave a presentation of the new requirements. Low score limit Candidates who receive two (2) very low scores in the exam will not be allowed to test again. A very low score is defined as performing at or close to change level (scale scores 400 and below). This will go in effect January 1, 2016. Lifetime limit Candidates will be able to take the exam a maximum of six (6) times. An individual can take the NPTE for a physical therapist six times and also take the NPTE for a physical therapist assistant six times if he or she is otherwise qualified to do so. This will go in effect January 1, 2016. Additional eligibility requirements The two remaining eligibility requirements were endorsed in 2013, English language proficiency and determination of substantial equivalence using the FSBPT coursework tool, will go in effect in 2017. FSBPT recognizes that states may have state law prohibitions that will limit their ability to adopt the new eligibility requirements. Therefore, they are willing to allow exceptions to the requirements for a limited time. FSBPT is willing to provide necessary data and will assist the board if possible with proposing legislation. Eduardo Rodriguez, PT with Dade Medical College asked if non-capte graduates will be allowed to sit for the exam. Ms. Layton explained that non-capte graduates will be allowed to sit for the exam until the new eligibility requirements become effective in January of 2017. Tab 19 Administrative Process for Non-CAPTE Applications Board staff is beginning to receive applications from a non-capte physical therapy assistant program. Direction was requested so that staff can ensure all necessary documentation and procedures are in place to process these applications. Senator Oscar Braynon, II introduced himself to the Board and explained he was in attendance to gain additional information. Page 7 of 32
Mark Murray, Esq., addressed the Board on behalf of Dade Medical College and explained that he expects graduates of non-capte programs to be processed in the same manner as graduates of CAPTE programs. Dr. Petraglia instructed staff to include non-capte applications on a ratification list along with CAPTE applications to be ratified by the Board. There being no further business, the meeting adjourned at 8:02 p.m. Page 8 of 32
DEPARTMENT OF HEALTH MEDICAL QUALITY ASSURANCE BOARD OF PHYSICAL THERAPY GENERAL BUSINESS MEETING GENERAL RULES REVIEW February 12-13, 2015 MINUTES Best Western Gateway Grand 4200 NW 97 th Boulevard Gainesville, FL 32606 (352) 331-3336 Participants in this public meeting should be aware that these proceedings are being recorded and that an audio file of the meeting will be posted to the Board s website. February 13, 2015 8:00 a.m. The minutes reflect the actual sequence of events rather than the original agenda order. Call the Meeting to Order and Roll Call: Dr. Gina Petraglia, Chair, called the general business meeting to order at approximately 8:00 a.m. Those present for all or part of the meeting, included the following: MEMBERS PRESENT Dr. Gina Petraglia, Chair, DPT Dr. Kay Tasso, Vice Chair, PT, PhD, PCS Dr. William S. Quillen, PT, DPT, PhD, FACSM Mr. Steve Chenoweth, PT Ms. Christina Pettie, PT PROSECUTING ATTORNEY Oaj Gilani, Prosecuting Attorney, DOH Prosecution Services BOARD COUNSEL Larry Harris, Board Counsel, Assistant Attorney General Office STAFF PRESENT Allen Hall, Executive Board Director Jessica Sapp, Program Administrator COURT REPORTER MaryAnn Blake Esquire Dispositions Solutions, LLC RiverPlace Tower 1301 Riverplace Blvd Jacksonville, FL 32207 (904) 355-8416 DISCIPLINARY PROCEEDINGS MOTION FOR SETTLEMENT AGREEMENT Tab 1 David Christian Gutierrez, PT23157 Case No. 2012-12848 (PCP Lohr, Candela, Clendenin) Page 9 of 32
Respondent was present and sworn in by the court reporter. Mr. Gutierrez was represented by Amy Patty, Esq. Ms. Gilani summarized the case for the Board. Respondent was charged with the following violation: Section 486.125(1)(k), Florida Statutes, (2012), and Rule 64B17-6.001(2)(e)(1), Florida Administration Code (2012), by falsifying patient records of service. The case was presented as a Settlement Agreement that would impose the following: Reprimand Fine of $2,000.00 to be paid within one (1) year of the filing of the Final Order. Costs of $5,023.43 to be paid within one (1) year of the filing of the final Order. Completion of one course in ethics in practice and one course in documentation/record keeping. Respondent will have sixty (60) days of the filing of the Final Order to submit a course for Board approval. Respondent will have (1) year to provide proof of completion of the Board approved course. One (1) year of Indirect Supervision probation of the filing of the Final Order. MOTION: After discussion, Dr. Petraglia made a motion to reject the Settlement Agreement and offer the following counter: Reprimand Fine of $2,000.00 to be paid within one (1) year of the filing of the Final Order. Costs of $5,023.43 to be paid within one (1) year of the filing of the final Order. Completion of one course in ethics in practice and one course in documentation/record keeping. Respondent will have sixty (60) days of the filing of the Final Order to submit a course for Board approval. Respondent will have (1) year to provide proof of completion of the Board approved course. One (1) year of Direct Supervision by a physical therapist to include quarterly reports attesting to the fact that documentation is correct to include and not limited to, dates, times, and appropriate signatures. The motion was seconded by Dr. Tasso and carried 3/2. Ms. Chenoweth and Dr. Quillen opposed. The counter offer agreement was accepted by Mr. Gutierrez. MOTION FOR FINAL ORDER BY HEARING NO INVOLVING DISPUTED ISSUES OF MATERIAL FACT Tab 2 Thomas Russell Inman, PTA19301 Case No. 2013-18976 (PCP Petraglia, Candela, Clendenin) Dr. Petraglia was recused due to participation in the Probable Cause Panel. Page 10 of 32
Respondent was present and sworn in by the court reporter. Ms. Gilani summarized the case for the Board. Respondent was charged with the following violation: Section 486.125(1)(k), Florida Statutes (2010-2013), through a violation of Section 456.072(1)(x), Florida Statutes (2010-2013), by failure to report a crime in any jurisdiction. MOTION: Dr. Tasso made a motion to find that the Respondent was properly served and has requested an informal hearing. The motion was seconded by Ms. Pettie and carried 4/0. MOTION: Dr. Tasso made a motion to adopt the materials under Tab 2 and any addendum materials into evidence in this proceeding. The motion was seconded by Ms. Pettie and carried 4/0. MOTION: Dr. Tasso made a motion to adopt the findings of fact as set forth in the Administrative Complaint. The motion was seconded by Dr. Quillen and carried 4/0. MOTION: Dr. Tasso made a motion to adopt the conclusions of law as set forth in the Administrative Complaint and find that this constitutes a violation of the Chapters 486 and 456, Florida Statutes. The motion was seconded by Ms. Pettie and carried 4/0. MOTION: After discussion, Dr. Tasso made a motion to impose the following penalties: Reprimand $1,000.00 fine to be paid within one (1) year of the filing of the Final Order. Costs of $202.22 to be paid within one (1) year of the filing of the Final Order. Completion of the Laws and Rules Exam to be completed within six (6) months of the filing of the Final Order. The motion was seconded by Ms. Pettie and carried 4/0. Tab 3 Shane Richard Miller, PTA11468 Case No. 2013-17611 (PCP Tasso, Stoff, Bumgarner) Dr. Tasso was recused due to participation in the Probable Cause Panel. Respondent was present and sworn in by the court reporter. Ms. Gilani summarized the case for the Board. Respondent was charged with the following violation: Section 456.072(1)(x), Florida Statutes (2005-2006), by failure to report a crime in any jurisdiction. MOTION: Dr. Petraglia made a motion to find that the Respondent was properly served and requested an informal hearing. The motion was seconded by Ms. Pettie and carried 4/0. Board asked Respondent if he is disputing material facts. Mr. Miller stated he is not disputing the facts. Page 11 of 32
MOTION: Dr. Petraglia made a motion to adopt the materials under Tab 3 and any addendum materials into evidence in this proceeding. The motion was seconded by Ms. Pettie and carried 4/0. MOTION: Dr. Petraglia made a motion to adopt the findings of fact as set forth in the amended Administrative Complaint. The motion was seconded by Ms. Pettie and carried 4/0. MOTION: Dr. Petraglia made a motion to adopt the conclusions of law as set forth in the Administrative Complaint and find that this constitutes a violation of the Chapters 486 and 456, Florida Statutes. The motion was seconded by Dr. Quillen and carried 4/0. MOTION: After discussion, Dr. Petraglia made a motion to impose the following penalties: Reprimand $2,000.00 fine to be paid within two (2) years of the filing of the Final Order. Completion of the Laws and Rules Exam to be completed within six (6) months of the filing of the Final Order. The motion was seconded by Ms. Pettie and carried 4/0. MOTION: Dr. Petraglia made a motion to asses Costs of $147.56 to be paid within one (1) year of the filing of the Final Order. The motion was seconded by Ms. Pettie and carried 4/0. Tab 4 August Garcia, PTA21151 Case No. 2014-04985 (PCP Tasso, Stoff, Bumgarner) Dr. Tasso was recused due to participation in the Probable Cause Panel. Respondent was present and sworn in by the court reporter. Ms. Gilani summarized the case for the Board. Respondent was charged with the following violation: Section 486.125(1)(e), Florida Statutes (2013), by failing to maintain acceptable standards of physical therapy. MOTION: Dr. Petraglia made a motion to find that the Respondent was properly served and has requested an informal hearing. The motion was seconded by Ms. Pettie and carried 4/0. MOTION: Dr. Petraglia made a motion to adopt the materials under Tab 4 and any addendum materials into evidence in this proceeding. The motion was seconded by Ms. Pettie and carried 4/0. MOTION: Dr. Petraglia made a motion to adopt the findings of fact as set forth in the Administrative Complaint. The motion was seconded by Ms. Pettie and carried 4/0. Page 12 of 32
MOTION: Dr. Petraglia made a motion to adopt the conclusions of law as set forth in the Administrative Complaint and find that this constitutes a violation of the Chapters 486 and 456, Florida Statutes. The motion was seconded by Mr. Chenoweth and carried 4/0. Laura Solin, a pediatric physical therapist, provided the board with information on educational avenues to consider. MOTION: After discussion, Dr. Quillen made a motion to impose the following penalties: Reprimand $2,000.00 fine. Costs of $1.387.60 Restrict practice to preclude treating children under the age of eighteen. Mr. Chenoweth added an amendment to include direct supervision. The motion was seconded by Mr. Chenoweth and did not carry with 2/2 vote. The motion failed. MOTION: Ms. Pettie made a motion to impose the following penalties: Reprimand $2,000.00 fine to be paid within two (2) years of the filing of the Final Order Completion of two (2) Board approved courses specifically aimed at behavioral treatment methods to be completed within one (1) year of the filing of the Final Order. The course will be submitted to Ms. Pettie for approval. Direct supervision for one (1) year to include quarterly reports from the supervising physical therapist to affirm the care and quality is appropriate. The motion was seconded by Dr. Petraglia and did not carry with a 2/2 vote. The motion failed. MOTION: Mr. Chenoweth made a motion to impose the following penalties: Reprimand $2,000.00 fine to be paid within two (2) years of the filing of the Final Order Completion of two (2) Board approved courses specifically aimed at behavioral treatment methods to be completed within one (1) year of the filing of the Final Order. The courses shall be submitted to Ms. Pettie for approval. Direct supervision for one (1) year to include quarterly reports from the supervising physical therapist to affirm the care and quality is appropriate. Restrict pediatric practice for one (1) year. Mr. Garcia must appear before the board after one (1) year and petition the Board to lift restriction. The motion was seconded by Dr. Quillen and carried 4/0. MOTION: Dr. Petraglia made a motion to asses Costs of $1,387.60 to be paid within eighteen (18) months of the filing of the Final Order. The motion was seconded by Dr. Quillen and carried 4/0. Tab 5 Gricel Font, PTA 1239 Case No. 2012-06789 Page 13 of 32
(PCP Bumgarner, Watson, Rust) Respondent was not present. Ms. Gilani summarized the case for the Board. Respondent was charged with the following violation: Section 486.125(1)(k), Florida Statutes (2012), through a violation of Section 456.072(1)(ll), Florida Statutes (2012) Conspiracy to Commit Health Care Fraud. MOTION: Dr. Petraglia made a motion to find that the Respondent was properly served and has requested an informal hearing. The motion was seconded by Mr. Chenoweth and carried 5/0. MOTION: Dr. Petraglia made a motion to adopt the materials under Tab 4 and any addendum materials into evidence in this proceeding. The motion was seconded by Ms. Pettie and carried 5/0. MOTION: Dr. Petraglia made a motion to adopt the findings of fact as set forth in the amended Administrative Complaint. The motion was seconded by Ms. Pettie and carried 5/0. MOTION: Dr. Petraglia made a motion to adopt the conclusions of law as set forth in the Administrative Complaint and find that this constitutes a violation of the Chapters 486 and 456, Florida Statutes. The motion was seconded by Ms. Pettie and carried 5/0. MOTION: After discussion, Dr. Tasso made a motion to revoke the license of Ms. Font due to the egregious nature of the offense. The motion was seconded by Dr. Quillen and carried 5/0. REPORT Tab 6 Prosecuting Attorney Report Total cases open/active in PSU: 29 Cases in EAU: 5 Cases under legal review: 17 Cases where PC recommendation made: 5 Total cases where PC has been found: 2 Cases in holding status: 0 Cases awaiting supplemental investigation: 2 Cases pending before DOAH: 0 Cases in intake status: 0 Agendaed for current or future Board Meeting: 5 Ms. Gilani also provided the board with a summary of the Probable Cause Panel process. Page 14 of 32
The board discussed certain offenses, specifically a single DUI. After discussion, the board decided not to revise the staff Conviction Records Guidelines and maintain the requirement of a board appearance for a DUI received within three years from the date of application. PETITION FOR VARIANCE OR WAIVER OF RULE Tab 7 Kim Dunleavy Petition for Waiver of Rule 64B17-3.003, F.A.C. Application by Endorsement Ms. Dunleavy was present and was sworn in by the court reporter. Ms. Dunleavy filed a petition for waiver of Rule 64B17-3.003. She requested a waiver from the education requirement(s) as she was unable to obtain the required certified copy of her ICD evaluation used by another state. MOTION: After discussion, Dr. Petraglia made a motion to deny the Petition for Variance or Waiver of Rule 64B17-3.003 due to not being technically compliant. The motion was seconded by Dr. Quillen and carried 5/0. Ms. Dunleavy waived her ninety day requirement for action as she obtains a new credential evaluation. Tab 8 Izabelle Koyfman Petition for Waiver of Rule 64B17-4.002, F.A.C. Application by Endorsement Ms. Koyfman was not present. Ms. Koyfman filed a petition for waiver of Rule 64B17-4.002. She requested a waiver from the Florida laws and rules requirement as she has had three failed attempts of the exam. MOTION: After discussion, Dr. Petraglia made a motion to deny the Petition for Variance or Waiver of Rule 64B17-3.003 due to failure to demonstrate that she achieved the purpose of the statute. The motion was seconded by Dr. Quillen and carried 5/0. APPLICATION FOR RECONSIDERATION Tab 9 Warren Weber, PT by Endorsement Mr. Weber was present and was sworn in by the court reporter. Mr. Weber s application was placed on this agenda due to his failure to comply with the terms of his Notice of Intent issued on May 16, 2014. On May 2, 2014, the Board approved his licensure application with the following conditions to be completed with six months (due on November 17, 2014): Obtain medical malpractice insurance Page 15 of 32
Obtain an approved supervising physical therapist Successful completion of the Florida laws and rules exam Within one year, he must complete two approved live courses on prevention of malpractice continuing education within one year. Mr. Weber is placed on one year direct supervision by an approved monitor. Mr. Weber requested modification of his conditions at the August 8, 2014 meeting and was denied. Mr. Weber successfully completed the Florida laws and rules exam on May 12, 2014. He also completed a five hour course related to medical malpractice on October 18, 2014, which was approved by the board s vice chair. MOTION: After discussion, Dr. Quillen made a motion to deny Mr. Weber s application for licensure due to failure to comply with the conditions of his Board Notice of Intent to Approve. The motion was seconded by Dr. Tasso and carried 5/0. Tab 10 Hue Melody Johnson, PTA by Examination Ms. Johnson appeared at the May 2012 board meeting to discuss her criminal history. At this meeting, the Board approved her application for licensure with the following conditions: PRN evaluation to be completed within 90 days If PRN requires a monitoring contract, Ms. Johnson is required to appear at the next regularly scheduled Board meeting Ms. Johnson established a PRN monitoring contract on October 19, 2012. On October 20, 2014 Ms. Johnson notified PRN that due to her unsuccessful attempt at the exam she wishes to withdraw. PRN has closed her file. Ms. Johnson s application has been placed on this agenda for reconsideration for failure to comply with the Notice of Intent to Approve License with Conditions. MOTION: After discussion, Dr. Tasso made a motion to deny Ms. Johnson s application for licensure due to failure to comply with conditions of her Notice of Intent to Approve. The motion was seconded by Dr. Quillen and carried 5/0. PERSONAL APPEARANCE PURSUANT TO 456.013(3)(c), F.S. Tab 11 James Repass, PTA by Examination Mr. Repass was present and sworn in by the court reporter. He was asked to appear to discuss his criminal and discipline history. Mr. Repass was denied by the Physical Therapy Board on August 8, 2014 due to having another license acted against and for being terminated from a treatment program. Mr. Repass appeared before the Board on November 7, 2014 to request reconsideration. The board denied his request. Page 16 of 32
Mr. Repass has submitted a new application for the board s consideration. As of January 16, 2015 he has paid $2650.00 of his fines and cost to the Board of Massage. MOTION: After discussion, Dr. Petraglia made a motion to deny Mr. Repass application for licensure due to having a professional healthcare license previously acted against. The motion was seconded by Dr. Tasso and carried 5/0. Tab 12 Kristina Dawson-Dedrich, PTA by Endorsement Ms. Dawson-Dedrich was present and sworn in by the court reporter. She was asked to appear to discuss her criminal history. MOTION: After discussion, Dr. Petraglia made a motion to approve Ms. Dawson- Dedrich s application for licensure and to certify her to sit for the Florida Laws and Rules Exam and upon a passing score on the exam shall be licensed. The motion was seconded by Dr. Quillen and carried 5/0. Tab 13 Stephen Noll, PTA by Examination Mr. Noll was present and sworn in by the court reporter. He was required to appear by the Chair in regards to his yes answer in the disciplinary section of his application. MOTION: After discussion, Dr. Tasso made a motion to approve Mr. Noll s application for licensure and to certify him to sit for the Florida Laws and Rules Exam and the National Physical Therapy Exam and upon a passing score on the exams shall be licensed. The motion was seconded by Mr. Chenoweth and carried 5/0. Tab 14 Melissa Ortiz, PTA by Examination with Temporary Permit Ms. Ortiz was present and sworn in by the court reporter. Laura Solin was also sworn in and was present to advocate for Ms. Ortiz. Ms. Ortiz applied for initial licensure and failed to disclose her complete criminal history. Her criminal history was cleared per the board s conviction record guidelines and she was approved for testing. Upon successful completion of the laws exam, Ms. Ortiz was issued a temporary permit on November 5, 2014. Ms. Ortiz successfully completed the National Physical Therapy Exam on January 14, 2015. During the final review of her application prior to issuing the license, staff became aware of the possibility of additional criminal history. Staff verbally inquired with Ms. Ortiz who indicated she had drug charges in 1994. MOTION: After discussion Dr. Tasso made a motion to approve Ms. Ortiz s application for licensure and issue the initial license. The motion was seconded by Dr. Quillen and carried 5/0. Tab 15 Jasin Knights, PT by Endorsement Page 17 of 32
Mr. Knights was not present. He was required to appear by the Chair in regards to his yes answer in the disciplinary section of his application at the November 2014 meeting. Due to failure to appear at that meeting, per Board order, Mr. Knights was required to appear at the February meeting. MOTION: After discussion, Dr. Tasso made a motion to deny Mr. Knights application for licensure due to failing to appear at two consecutive board meetings. The motion was seconded by Dr. Petraglia and carried 5/0. Tab 16 David Reavy, PT by Endorsement Mr. Reavy was not present. He was required to appear by the Chair in regards to his yes answer in the disciplinary section of his application at the November 2014 meeting. Due to failure to appear at that meeting, per Board order, Mr. Reavy was required to appear at the February meeting. MOTION: After discussion, Dr. Tasso made a motion to deny Mr. Reavy s application for licensure due to failing to appear at two consecutive board meetings. The motion was seconded by Dr. Quillen and carried 5/0. Tab 17 Brittany North, PT by Examination Ms. North was present and sworn in by the court reporter. She was asked to appear to discuss her criminal and personal history. MOTION: After discussion, Dr. Tasso made a motion to approve Ms. North s application for licensure and to certify her to sit for the Florida Laws and Rules Exam and the National Physical Therapy Exam and upon a passing score on the exams shall be licensed. The motion was seconded by Mr. Pettie and carried 5/0. Tab 18 Jacqueline Ostrowski, PT by Endorsement Ms. Ostrowski was present and sworn in by the court reporter. She was required to appear by the Chair in regards to her yes answer in the personal and criminal section of her application. MOTION: After discussion, Dr. Tasso made a motion to approve Ms. Ostrowski s application for licensure and to certify her to sit for the Florida Laws and Rules Exam and upon a passing score on the exams shall be licensed. The motion was seconded by Mr. Chenoweth and carried 5/0. Tab 19 David Gray, PT by Endorsement Mr. Gray was present and sworn in by the court reporter. He was required to appear by the Chair in regards to his yes answer in the disciplinary section of his application. Page 18 of 32
MOTION: After discussion, Dr. Petraglia made a motion to approve Mr. Gray s application for licensure and to certify him to sit for the Florida Laws and Rules Exam and upon a passing score on the exams shall be licensed. The motion was seconded by Ms. Pettie and carried 5/0. Tab 20 Jennifer Smith, PT by Endorsement Ms. Smith was present and sworn in by the court reporter. She was asked to appear to discuss her criminal history. MOTION: After discussion, Dr. Petraglia made a motion to approve Ms. Smith s application for licensure and to certify her to sit for the Florida Laws and Rules Exam and upon a passing score on the exams shall be licensed. The motion was seconded by Ms. Pettie and carried 5/0. Tab 21 William Daniels, PT by Examination with Temporary Permit Mr. Daniels was present and sworn in by the court reporter. He was asked to appear to discuss his criminal and personal history. Dr. Tasso disclosed her position as an adjunct faculty member at NOVA in Tampa but was able to be fair and impartial in discussing this case as she does not have personal knowledge of this individual. MOTION: After discussion, Dr. Tasso made a motion to approve the application for licensure and authorize Mr. Daniels to sit for the Florida Laws and Rules Exam and the National Physical Therapy Exam. Upon successful completion of a PRN evaluation and compliance with their recommendation, temporary or permanent licensure is granted. Applicant has 30 days to contact PRN, 60 days to schedule an evaluation, and 90 days to comply or licensure is denied. Board staff is delegated to approve licensure once all terms are completed. The motion was seconded by Dr. Petraglia and carried 5/0. Tab 22 James Rodriguez, PT by Endorsement Mr. Rodriguez was present and sworn in by the court reporter. He was required to appear by the Chair in regards to his yes answer in the disciplinary section of his application. MOTION: After discussion, Dr. Tasso made a motion to deny Mr. Rodriguez s application for licensure due to having a license acted against in another state. The motion was second by Mr. Chenoweth. Before the board voted, Mr. Rodriguez requested to withdraw his application. The board accepted his withdraw. Tab 23 Maureen Nash, PT by Endorsement Ms. Nash was present and sworn in by the court reporter. Page 19 of 32
She was asked to appear to discuss her criminal, personal, and discipline history. Ms. Nash withdrew her application Tab 24 Michael Palmieri, PT Endorsement Mr. Palmieri submitted a request to withdraw his application. Tab 30 Mary Barbour, PT by Endorsement Ms. Barbour was present and sworn in by the court reporter. She was asked to appear to discuss her criminal and personal history. MOTION: After discussion, Dr. Tasso made a motion to approve Ms. Barbour s application for licensure and to certify her to sit for the Florida Laws and Rules Exam and upon a passing score on the exams shall be licensed. The motion was seconded by Ms. Pettie and carried 5/0. REQUEST FOR CONSIDERATION OF EXEMPTION FOR DISQUALIFICATION FROM EMPLOYMENT Tab 25 Manuelito Barrozo, PT 22225 Mr. Barroza was present and sworn in by the court reporter. He submitted an application for Exemption from Disqualification to seek employment in a health care setting. MOTION: After discussion, Dr. Tasso made a motion to deny Mr. Barrozo s exemption for disqualification from employment due to failing to demonstrate clear and convincing evidence of rehabilitation. The motion was seconded Dr. Quillen and carried 5/0. Tab 26 Ahmed Seidu, PTA 25390 Mr. Seidu was present and sworn in by the court reporter. He submitted an application for Exemption from Disqualification to seek employment in a health care setting. MOTION: After discussion, Dr. Quillen made a motion to approve Mr. Seidu s exemption for disqualification from employment. The motion was seconded Ms. Pettie and carried 5/0. REQUEST FOR CE HARDSHIP Tab 27 Heather Starkey, PT 19682 Ms. Starkey was not present nor represented by counsel. She has submitted a request to be considered for a continuing education exception. Page 20 of 32