The 2023 Florida Statutes (including Special Session C)

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 486
PHYSICAL THERAPY PRACTICE

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CHAPTER 486

PHYSICAL THERAPY PRACTICE

486.011 Short title.

486.015 Legislative intent.

486.021 Definitions.

486.023 Board of Physical Therapy Practice.

486.025 Powers and duties of the Board of Physical Therapy Practice.

486.028 License to practice physical therapy required.

486.031 Physical therapist; licensing requirements.

486.041 Physical therapist; application for license; fee.

486.051 Physical therapist; examination of applicant.

486.061 Physical therapist; issuance of license.

486.0715 Physical therapist; issuance of temporary permit.

486.081 Physical therapist; issuance of license without examination to person passing examination of another authorized examining board; fee.

486.085 Physical therapist; renewal of license; inactive status; reactivation of license; fees.

486.102 Physical therapist assistant; licensing requirements.

486.103 Physical therapist assistant; application for license; fee.

486.104 Physical therapist assistant; examination of applicant.

486.106 Physical therapist assistant; issuance of license.

486.1065 Physical therapist assistant; issuance of temporary permit.

486.107 Physical therapist assistant; issuance of license without examination to person licensed in another jurisdiction; fee.

486.108 Physical therapist assistant; renewal of license; inactive status; reactivation of license; fees.

486.109 Continuing education.

486.115 Disposition of fees.

486.117 Physical therapist; performance of dry needling.

486.123 Sexual misconduct in the practice of physical therapy.

486.125 Refusal, revocation, or suspension of license; administrative fines and other disciplinary measures.

486.135 False representation of licensure, or willful misrepresentation or fraudulent representation to obtain license, unlawful.

486.151 Prohibited acts; penalty.

486.153 Injunctive relief.

486.161 Exemptions.

486.171 Current valid licenses effective.

486.172 Application of s. 456.021.

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.

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.

486.021 Definitions.—As used in this chapter, unless the context otherwise requires, the term:

(1) “Board” means the Board of Physical Therapy Practice.

(2) “Department” means the Department of Health.

(3) “License” means the document of authorization granted by the board and issued by the department for a person to engage in the practice of physical therapy.

(4) “Endorsement” means licensure granted by the board pursuant to the provisions of s. 486.081 or s. 486.107.

(5) “Physical therapist” means a person who is licensed and who practices physical therapy in accordance with the provisions of this chapter.

(6) “Physical therapist assistant” means a person who is licensed in accordance with the provisions of this chapter to perform patient-related activities, including the use of physical agents, whose license is in good standing, and whose activities are performed under the direction of a physical therapist as set forth in rules adopted pursuant to this chapter. Patient-related activities performed by a physical therapist assistant for a board-certified orthopedic physician or physiatrist licensed pursuant to chapter 458 or chapter 459 or a practitioner licensed under chapter 460 shall be under the general supervision of a physical therapist, but shall not require onsite supervision by a physical therapist. Patient-related activities performed for all other health care practitioners licensed under chapter 458 or chapter 459 and those patient-related activities performed for practitioners licensed under chapter 461 or chapter 466 shall be performed under the onsite supervision of a physical therapist.

(7) “Physical therapy practitioner” means a physical therapist or a physical therapist assistant who is licensed and who practices physical therapy in accordance with the provisions of this chapter.

(8) “Physical therapy” or “physiotherapy,” each of which terms is deemed identical and interchangeable with each other, means a health care profession.

(9) “Direct supervision” means supervision by a physical therapist who is licensed pursuant to this chapter. Except in a case of emergency, direct supervision requires the physical presence of the licensed physical therapist for consultation and direction of the actions of a physical therapist or physical therapist assistant who is practicing under a temporary permit and who is a candidate for licensure by examination.

(10) “Physical therapy assessment” means observational, verbal, or manual determinations of the function of the movement system relative to physical therapy, including, but not limited to, range of motion of a joint, motor power, motor control, posture, biomechanical function, locomotion, or functional abilities, for the purpose of physical therapy treatment.

(11) “Practice of physical therapy” means the performance of physical therapy assessments and the treatment of any disability, injury, disease, or other health condition of human beings, or the prevention of such disability, injury, disease, or other health condition, and the rehabilitation of such disability, injury, disease, or other health condition by alleviating impairments, functional movement limitations, and disabilities by designing, implementing, and modifying treatment interventions through therapeutic exercise; functional movement training in self-management and in-home, community, or work integration or reintegration; manual therapy; massage; airway clearance techniques; maintaining and restoring the integumentary system and wound care; physical agent or modality; mechanical or electrotherapeutic modality; patient-related instruction; the use of apparatus and equipment in the application of such treatment, prevention, or rehabilitation; the performance of tests of neuromuscular functions as an aid to the diagnosis or treatment of any human condition; or the performance of electromyography as an aid to the diagnosis of any human condition only upon compliance with the criteria set forth by the Board of Medicine.

(a) A physical therapist may implement a plan of treatment developed by the physical therapist for a patient or provided for a patient by a practitioner of record or by an advanced practice registered nurse licensed under s. 464.012. The physical therapist shall refer the patient to or consult with a practitioner of record if the patient’s condition is found to be outside the scope of physical therapy. If physical therapy treatment for a patient is required beyond 30 days for a condition not previously assessed by a practitioner of record, the physical therapist shall have a practitioner of record review and sign the plan. The requirement that a physical therapist have a practitioner of record review and sign a plan of treatment does not apply when a patient has been physically examined by a physician licensed in another state, the patient has been diagnosed by the physician as having a condition for which physical therapy is required, and the physical therapist is treating the condition. For purposes of this paragraph, a health care practitioner licensed under chapter 458, chapter 459, chapter 460, chapter 461, or chapter 466 and engaged in active practice is eligible to serve as a practitioner of record.

(b) The use of roentgen rays and radium for diagnostic and therapeutic purposes and the use of electricity for surgical purposes, including cauterization, are not “physical therapy” for purposes of this chapter.

(c) The practice of physical therapy does not authorize a physical therapy practitioner to practice chiropractic medicine as defined in chapter 460, including specific spinal manipulation, or acupuncture as defined in chapter 457. For the performance of specific chiropractic spinal manipulation, a physical therapist shall refer the patient to a health care practitioner licensed under chapter 460.

(d) This subsection does not authorize a physical therapist to implement a plan of treatment for a patient currently being treated in a facility licensed pursuant to chapter 395.

(12) “Dry needling” means a skilled intervention, based on Western medicine, that uses filiform needles and other apparatus or equipment to stimulate a myofascial trigger point for the evaluation and management of neuromusculoskeletal conditions, pain, movement impairments, and disabilities.

(13) “Myofascial trigger point” means an irritable section of soft tissue often associated with palpable nodules in taut bands of muscle fibers.

History.—s. 2, ch. 57-67; s. 1, ch. 67-537; s. 1, ch. 73-354; ss. 1, 2, ch. 78-278; ss. 1, 2, ch. 79-116; s. 361, ch. 81-259; ss. 2, 3, ch. 81-318; ss. 2, 24, ch. 83-86; s. 1, ch. 83-93; s. 1, ch. 84-275; ss. 3, 17, 18, ch. 86-31; s. 2, ch. 89-124; s. 4, ch. 91-429; s. 1, ch. 92-70; s. 181, ch. 94-218; s. 175, ch. 97-264; s. 287, ch. 98-166; s. 1, ch. 2013-197; s. 1, ch. 2016-70; s. 67, ch. 2018-106; s. 1, ch. 2020-128.

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.

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.

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.

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

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.

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.

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.

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.

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.

(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.

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.

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.

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;

(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.

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.

486.104 Physical therapist assistant; examination of applicant.—The examination of an applicant for licensing as a physical therapist assistant 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. 12, ch. 67-537; s. 8, ch. 73-354; s. 2, ch. 79-116; s. 364, ch. 81-259; ss. 2, 3, ch. 81-318; ss. 13, 24, ch. 83-86; ss. 11, 17, 18, ch. 86-31; s. 4, ch. 91-429; s. 466, ch. 97-103; s. 183, ch. 97-264.

486.106 Physical therapist assistant; issuance of license.—The board shall issue a license 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 $100. Any person who holds a license pursuant to this section may use the words “physical therapist assistant,” or the letters “P.T.A.,” in connection with her or his name to denote licensure hereunder.

History.—s. 14, ch. 67-537; s. 10, ch. 73-354; s. 2, ch. 79-116; ss. 2, 3, ch. 81-318; ss. 14, 24, ch. 83-86; ss. 12, 17, 18, ch. 86-31; s. 9, ch. 89-124; s. 4, ch. 91-429; s. 467, ch. 97-103.

486.1065 Physical therapist assistant; issuance of temporary permit.—

(1) The board shall issue a temporary physical therapist assistant 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 assistant educational program and meets all the eligibility requirements for licensure under ch. 456, s. 486.102(1)-(3)(a), and related rules, except passage of a national examination approved by the board is not required.

(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).

(3) An applicant for a temporary permit may not work as a physical therapist assistant until a temporary permit is issued by the board. A physical therapist assistant 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 assistant who is practicing under a temporary permit.

History.—s. 2, ch. 2012-69.

486.107 Physical therapist assistant; issuance of license without examination to person licensed in another jurisdiction; fee.—

(1) The board may cause a license to be issued through the department without examination to any applicant who presents evidence to the board, under oath, of licensure in another state, the District of Columbia, or a territory, if the standards for registering as a physical therapist assistant or licensing of a physical therapist assistant, as the case may be, in such other state 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 assistant,” or the letters “P.T.A.,” in connection with her or his name to denote licensure hereunder.

(2) At the time of making application for licensing 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. 15, ch. 67-537; s. 11, ch. 73-354; s. 4, ch. 78-278; s. 2, ch. 79-116; ss. 2, 3, ch. 81-318; ss. 15, 24, ch. 83-86; ss. 13, 17, 18, ch. 86-31; s. 10, ch. 89-124; s. 4, ch. 91-429; s. 468, ch. 97-103; s. 161, ch. 99-397.

486.108 Physical therapist assistant; 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 $150.

(2) The department shall adopt rules establishing a procedure for the biennial renewal of licenses.

(4)(a) 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.

2. Makes application for and passes the examination as provided by s. 486.104 and pays the fee therefor as provided in s. 486.103.

History.—s. 13, ch. 67-537; s. 9, ch. 73-354; s. 4, ch. 78-278; s. 2, ch. 79-116; ss. 2, 3, ch. 81-318; ss. 16, 24, ch. 83-86; ss. 14, 17, 18, ch. 86-31; s. 34, ch. 88-205; s. 4, ch. 91-429; s. 254, ch. 94-119; s. 469, ch. 97-103.

Note.—Former s. 486.105.

486.109 Continuing education.—

(1) The board shall require licensees to demonstrate their professional competence as a condition of renewal of a license by completing 24 hours of continuing education biennially.

(2) The board shall approve only those courses sponsored by a college or university which provides a curriculum for training physical therapists or physical therapist assistants which is accredited by, or has status with an accrediting agency approved by, the United States Department of Education or courses sponsored or approved by the Florida Physical Therapy Association or the American Physical Therapy Association.

(3) The board may make exceptions from the requirements of this section in emergency or hardship cases as provided by rule.

(4) Each licensee shall maintain sufficient records to demonstrate compliance with this section.

(5) The board may adopt rules within the requirements of this section that are necessary for its implementation.

History.—ss. 2, 3, ch. 91-277; s. 4, ch. 91-429; s. 33, ch. 2016-230.

486.115 Disposition of fees.—All moneys collected by the department under this chapter shall be deposited and expended pursuant to the provisions of s. 456.025.

History.—s. 24, ch. 61-514; s. 2, ch. 79-116; ss. 2, 3, ch. 81-318; ss. 17, 24, ch. 83-86; ss. 17, 18, ch. 86-31; s. 4, ch. 91-429; s. 144, ch. 98-166; s. 203, ch. 2000-160.

Note.—Former s. 486.072.

486.117 Physical therapist; performance of dry needling.—

(1) The board shall establish minimum standards of practice for the performance of dry needling by physical therapists, including, at a minimum, all of the following:

(a) Completion of 2 years of licensed practice as a physical therapist.

(b) Completion of 50 hours of face-to-face continuing education from an entity accredited in accordance with s. 486.109 on the topic of dry needling which must include a determination by the physical therapist instructor that the physical therapist demonstrates the requisite psychomotor skills to safely perform dry needling. The continuing education must include instruction in all of the following areas:

1. Theory of dry needling.

2. Selection and safe handling of needles and other apparatus or equipment used in dry needling, including instruction on the proper handling of biohazardous waste.

3. Indications and contraindications for dry needling.

4. Psychomotor skills needed to perform dry needling.

5. Postintervention care, including adverse responses, adverse event recordkeeping, and any reporting obligations.

(c)1. Completion of at least 25 patient sessions of dry needling performed under the supervision of a physical therapist who holds an active license to practice physical therapy in any state or the District of Columbia, who has actively performed dry needling for at least 1 year, and who documents that he or she has met the supervision and competency requirements and needs no additional supervised sessions to perform dry needling; or

2. Completion of 25 patient sessions of dry needling performed as a physical therapist licensed in any state or in the United States Armed Forces.

(d) A requirement that dry needling may not be performed without patient consent and must be a part of a patient’s documented plan of care.

(e) A requirement that dry needling may not be delegated to any person other than a physical therapist who is authorized to engage in dry needling under this chapter.

(2) The board shall establish additional supervision and training requirements before the performance of dry needling of the head and neck or torso by a physical therapist if the board deems it necessary for patient safety.

(3) The department shall, within existing resources, submit a report to the President of the Senate and the Speaker of the House of Representatives on or before December 31, 2022, detailing the number of physical therapists in the state, the number of physical therapists in the state performing dry needling, any increases or decreases in the number of physical therapists in the state by geographic area, and any adverse medical incidents as defined by the board involving physical therapists in the state performing dry needling.

(4) The performance of dry needling in the practice of physical therapy may not be construed to limit the scope of practice of other licensed health care practitioners not governed by this chapter.

History.—s. 3, ch. 2020-128.

486.123 Sexual misconduct in the practice of physical therapy.—The physical therapist-patient relationship is founded on mutual trust. Sexual misconduct in the practice of physical therapy means violation of the physical therapist-patient relationship through which the physical therapist uses that relationship to induce or attempt to induce the patient to engage, or to engage or attempt to engage the patient, in sexual activity outside the scope of practice or the scope of generally accepted examination or treatment of the patient. Sexual misconduct in the practice of physical therapy is prohibited.

History.—s. 184, ch. 97-264.

486.125 Refusal, revocation, or suspension of license; administrative fines and other disciplinary measures.—

(1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2):

(a) Being unable to practice physical therapy with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition.

1. In enforcing this paragraph, upon a finding of the State Surgeon General or the State Surgeon General’s designee that probable cause exists to believe that the licensee is unable to practice physical therapy due to the reasons stated in this paragraph, the department shall have the authority to compel a physical therapist or physical therapist assistant to submit to a mental or physical examination by a physician designated by the department. If the licensee refuses to comply with such order, the department’s order directing such examination may be enforced by filing a petition for enforcement in the circuit court where the licensee resides or serves as a physical therapy practitioner. The licensee against whom the petition is filed shall not be named or identified by initials in any public court records or documents, and the proceedings shall be closed to the public. The department shall be entitled to the summary procedure provided in s. 51.011.

2. A physical therapist or physical therapist assistant whose license is suspended or revoked pursuant to this subsection shall, at reasonable intervals, be given an opportunity to demonstrate that she or he can resume the competent practice of physical therapy with reasonable skill and safety to patients.

3. Neither the record of proceeding nor the orders entered by the board in any proceeding under this subsection may be used against a physical therapist or physical therapist assistant in any other proceeding.

(b) Having committed fraud in the practice of physical therapy or deceit in obtaining a license as a physical therapist or as a physical therapist assistant.

(c) Being convicted or found guilty regardless of adjudication, of a crime in any jurisdiction which directly relates to the practice of physical therapy or to the ability to practice physical therapy. The entry of any plea of nolo contendere shall be considered a conviction for purpose of this chapter.

(d) Having treated or undertaken to treat human ailments by means other than by physical therapy, as defined in this chapter.

(e) Failing to maintain acceptable standards of physical therapy practice as set forth by the board in rules adopted pursuant to this chapter.

(f) Engaging directly or indirectly in the dividing, transferring, assigning, rebating, or refunding of fees received for professional services, or having been found to profit by means of a credit or other valuable consideration, such as an unearned commission, discount, or gratuity, with any person referring a patient or with any relative or business associate of the referring person. Nothing in this chapter shall be construed to prohibit the members of any regularly and properly organized business entity which is comprised of physical therapists and which is recognized under the laws of this state from making any division of their total fees among themselves as they determine necessary.

(g) Having a license revoked or suspended; having had other disciplinary action taken against her or him; or having had her or his application for a license refused, revoked, or suspended by the licensing authority of another state, territory, or country.

(h) Violating a lawful order of the board or department previously entered in a disciplinary hearing.

(i) Making or filing a report or record which the licensee knows to be false. Such reports or records shall include only those which are signed in the capacity of a physical therapist.

(j) Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities which the licensee knows or has reason to know that she or he is not competent to perform, including, but not limited to, specific spinal manipulation.

(k) Violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto.

(2) The board may enter an order denying licensure or imposing any of the penalties in s. 456.072(2) against any applicant for licensure or licensee who is found guilty of violating any provision of subsection (1) of this section or who is found guilty of violating any provision of s. 456.072(1).

(3) The board shall not reinstate the license of a physical therapist or physical therapist assistant or cause a license to be issued to a person it has deemed unqualified until such time as it is satisfied that she or he has complied with all the terms and conditions set forth in the final order and that such person is capable of safely engaging in the practice of physical therapy.

History.—s. 9, ch. 57-67; s. 8, ch. 67-537; ss. 36, 44, ch. 78-95; s. 2, ch. 79-116; ss. 2, 3, ch. 81-318; ss. 18, 24, ch. 83-86; s. 2, ch. 83-93; ss. 84, 119, ch. 83-329; ss. 15, 17, 18, ch. 86-31; s. 11, ch. 89-124; s. 61, ch. 89-374; s. 4, ch. 91-429; s. 2, ch. 92-70; s. 470, ch. 97-103; s. 185, ch. 97-264; s. 51, ch. 2001-277; s. 26, ch. 2005-240; s. 100, ch. 2008-6.

Note.—Former s. 486.091.

486.135 False representation of licensure, or willful misrepresentation or fraudulent representation to obtain license, unlawful.—

(1)(a) It is unlawful for any person who is not licensed under this chapter as a physical therapist, or whose license has been suspended or revoked, to use in connection with her or his name or place of business the words “physical therapist,” “physiotherapist,” “physical therapy,” “physiotherapy,” “registered physical therapist,” or “licensed physical therapist”; the letters “P.T.”; or any other words, letters, abbreviations, or insignia indicating or implying that she or he is a physical therapist or to represent herself or himself as a physical therapist in any other way, orally, in writing, in print, or by sign, directly or by implication, unless physical therapy services are provided or supplied by a physical therapist licensed in accordance with this chapter.

(b) It is unlawful for a person who is not licensed under this chapter as a physical therapist and who does not hold a doctoral degree in physical therapy to use the letters “D.P.T.” in connection with his or her name or place of business.

(c) It is unlawful for any person who is not licensed under this chapter as a physical therapist assistant, or whose license has been suspended or revoked, to use in connection with her or his name the words “physical therapist assistant,” the letters “P.T.A.,” or any other words, letters, abbreviations, or insignia indicating or implying that she or he is a physical therapist assistant or to represent herself or himself as a physical therapist assistant in any other way, orally, in writing, in print, or by sign, directly or by implication.

(2) An unlawful act under this section is a violation of s. 486.151.

(3) It is unlawful for any person to obtain or attempt to obtain a license under this chapter by any willful misrepresentation or any fraudulent representation.

History.—s. 10, ch. 57-67; s. 9, ch. 67-537; s. 2, ch. 79-116; ss. 2, 3, ch. 81-318; ss. 19, 24, ch. 83-86; ss. 17, 18, ch. 86-31; s. 4, ch. 91-429; s. 471, ch. 97-103; s. 3, ch. 2016-70.

Note.—Former s. 486.101.

486.151 Prohibited acts; penalty.—

(1) It is unlawful for any person to:

(a) Practice physical therapy or attempt to practice physical therapy without an active license or temporary permit.

(b) Use or attempt to use a license or temporary permit to practice physical therapy which is suspended, revoked, or void.

(c) Obtain or attempt to obtain a license or temporary permit to practice physical therapy by fraudulent misrepresentation.

(d) Use the name or title “Physical Therapist” or “Physical Therapist Assistant” or any other name or title which would lead the public to believe that the person using the name or title is licensed to practice physical therapy, unless such person holds a valid license, or use the letters “D.P.T.,” unless such person holds a valid license under this chapter and a doctoral degree in physical therapy.

(e) Make any willfully false oath or affirmation whenever an oath or affirmation is required by this chapter.

(f) Knowingly conceal information relating to violations of this chapter.

(2) Any person who violates any of the provisions of this section is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 15, ch. 57-67; s. 438, ch. 71-136; s. 2, ch. 79-116; ss. 2, 3, ch. 81-318; ss. 20, 24, ch. 83-86; ss. 16, 17, 18, ch. 86-31; s. 31, ch. 91-220; s. 4, ch. 91-429; s. 3, ch. 2012-69; s. 4, ch. 2016-70.

486.153 Injunctive relief.—The department or any person may, in the name of the state, apply for injunctive relief in any court of competent jurisdiction to enjoin any person from committing any act in violation of this chapter. Such proceedings shall be in addition to, and not in lieu of, any other penalty or remedy under this chapter.

History.—ss. 20, 24, ch. 83-86; ss. 17, 18, ch. 86-31; s. 4, ch. 91-429.

486.161 Exemptions.—

(1) No provision of this chapter shall be construed to prohibit any person licensed in this state from using any physical agent as a part of, or incidental to, the lawful practice of her or his profession under the statutes applicable to the profession of chiropractic physician, podiatric physician, doctor of medicine, massage therapist, nurse, osteopathic physician or surgeon, occupational therapist, or naturopath.

(2) No provision of this chapter shall be construed to prohibit:

(a) Any student who is enrolled in a school or course of physical therapy approved by the board from performing such acts of physical therapy as are incidental to her or his course of study; or

(b) Any physical therapist from another state from performing physical therapy incidental to a course of study when taking or giving a postgraduate course or other course of study in this state, provided such physical therapist is licensed in another jurisdiction or holds an appointment on the faculty of a school approved for training physical therapists or physical therapist assistants.

(3) No provision of this chapter prohibits a licensed physical therapist from delegating, to a person qualified by training, experience, or education, specific patient care activities, as defined and limited by board rule, to assist the licensed physical therapist in performing duties in compliance with the standards of the practice of physical therapy. Specific patient care activities, as defined and limited by board rule, must be performed under the direct supervision of the licensed physical therapist or physical therapist assistant in the immediate area, if the person is not a licensed physical therapist assistant.

History.—s. 16, ch. 57-67; s. 2, ch. 65-170; s. 5, ch. 78-278; s. 2, ch. 79-116; ss. 2, 3, ch. 81-318; ss. 21, 24, ch. 83-86; ss. 17, 18, ch. 86-31; s. 64, ch. 89-374; s. 4, ch. 91-429; s. 326, ch. 94-119; s. 472, ch. 97-103; ss. 219, 288, ch. 98-166.

486.171 Current valid licenses effective.—

(1) Any person holding a license to practice physical therapy issued by the board or department, which license is valid when this act takes effect, shall be deemed to be licensed as a physical therapist under this chapter.

(2) Any person employed by or assisting the physical therapist as an aide shall be considered eligible to continue to perform her or his duties, provided she or he was so employed prior to the 1973 amendments to this chapter. She or he shall not be eligible to be licensed as a physical therapist assistant or to call herself or himself an assistant until she or he meets the requirements of this chapter.

History.—s. 17, ch. 57-67; s. 16, ch. 67-537; s. 12, ch. 73-354; s. 2, ch. 79-116; ss. 2, 3, ch. 81-318; ss. 22, 24, ch. 83-86; ss. 17, 18, ch. 86-31; s. 4, ch. 91-429; s. 473, ch. 97-103.

486.172 Application of s. 456.021.—The provisions of s. 456.021 shall also be applicable to the provisions of this chapter.

History.—s. 7, ch. 78-278; s. 2, ch. 79-116; s. 366, ch. 81-259; ss. 2, 3, ch. 81-318; s. 24, ch. 83-86; ss. 17, 18, ch. 86-31; s. 4, ch. 91-429; s. 145, ch. 98-166; s. 204, ch. 2000-160.

F.S. 486 on Google Scholar

F.S. 486 on Casetext

Amendments to 486

Arrestable Offenses / Crimes under Fla. Stat. 486

Level: Degree
Misdemeanor/Felony: First/Second/Third

S475.486 - FRAUD-FALSE STATEMENT - FILE FALSE REPORTS WITH COMMISSION - M: S

S486.151 1a - HEALTH-SAFETY - PRAC PHY THERAPY WOUT LICENSE OR TEMP PERMIT - M: F

S486.151 1b - HEALTH-SAFETY - USE SUS REVOKE VOID PHY THER LIC OR TEMP PRMIT - M: F

S486.151 1c - FRAUD - OBTAIN PHYSICAL THERAPY LICENSE OR TEMP PERMIT - M: F

S486.151 1d - FRAUD-IMPERSON - USE TITLE PHYSICAL THERAPIST WITHOUT LICENSE - M: F

S486.151 1d - FRAUD-IMPERSON - USE TITLE PHYS THERAPIST ASSISTANT WO LICENSE - M: F

S486.151 1d - FRAUD-IMPERSON - USE LETTERS D.P.T. WO VALID LICENSE OR DEGREE - M: F

S486.151 1e - PERJURY - MAKE FALSE OATH REGARDING PHYSICAL THERAPY - M: F

S486.151 1f - PUBLIC ORDER CRIMES - CONCEAL PHYSICAL THERAPY LIC VIOL - M: F

Annotations, Discussions, Cases:

Cases from cite.case.law:

LITTLE, v. RECLAIM IDAHO,, 140 S. Ct. 2616 (U.S. 2020)

. . . Grant , 486 U.S. 414, 424, 108 S.Ct. 1886, 100 L.Ed.2d 425 (1988). . . .

J. TRUMP, v. R. VANCE, Jr., 140 S. Ct. 2412 (U.S. 2020)

. . . Miller , 486 U.S. 174, 180, 108 S.Ct. 1704, 100 L.Ed.2d 158 (1988) ("It is well settled that the activities . . .

LITTLE SISTERS OF THE POOR SAINTS PETER AND PAUL HOME, v. PENNSYLVANIA, J. v., 140 S. Ct. 2367 (U.S. 2020)

. . . S. 473, 486, 135 S.Ct. 2480, 192 L.Ed.2d 483 (2015) ("It is especially unlikely that Congress would have . . .

P. BARR, v. AMERICAN ASSOCIATION OF POLITICAL CONSULTANTS, INC., 140 S. Ct. 2335 (U.S. 2020)

. . . Grant , 486 U.S. 414, 421, 108 S.Ct. 1886, 100 L.Ed.2d 425 (1988) (internal quotation marks omitted). . . . Meyer , 486 U.S., at 421, 108 S.Ct. 1886. . . . Meyer , 486 U.S., at 421, 108 S.Ct. 1886 (internal quotation marks omitted). . . .

JUNE MEDICAL SERVICES L. L. C. v. RUSSO, v. LLC., 140 S. Ct. 2103 (U.S. 2020)

. . . Midwesco Enterprises, Inc. , 486 U.S. 888, 897, 108 S.Ct. 2218, 100 L.Ed.2d 896 (1988) (Scalia, J., concurring . . . Id. , at 486, 85 S.Ct. 1678. . . .

DEPARTMENT OF HOMELAND SECURITY, v. THURAISSIGIAM, 140 S. Ct. 1959 (U.S. 2020)

. . . American-Arab Anti-Discrimination Comm. , 525 U.S. 471, 486, 119 S.Ct. 936, 142 L.Ed.2d 940 (1999) ( . . .

BOSTOCK, v. CLAYTON COUNTY, GEORGIA v. Jr. Co- R. G. G. R. v., 140 S. Ct. 1731 (U.S. 2020)

. . . Doe , 486 U.S. 592, 595, 601, 108 S.Ct. 2047, 100 L.Ed.2d 632 (1988) (concluding that decision to fire . . . Mississippi College , 626 F.2d 477, 484-486 (CA5 1980) ; see also Brief for United States Conference . . .

FINANCIAL OVERSIGHT AND MANAGEMENT BOARD FOR PUERTO RICO, v. AURELIUS INVESTMENT, LLC, LLC, III v. LLC, v. LLC, n De De La El Y v., 140 S. Ct. 1649 (U.S. 2020)

. . . those cases brought " 'under any law applicable exclusively to the District of Columbia.' " Id. , at 486 . . .

BANISTER, v. DAVIS,, 140 S. Ct. 1698 (U.S. 2020)

. . . Baker , 554 U.S. 471, 485-486, n. 5, 128 S.Ct. 2605, 171 L.Ed.2d 570 (2008) (quoting prior edition). . . . McDaniel , 529 U.S. 473, 486, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000) ; Panetti v. . . . Slack , 529 U.S. at 486, 120 S.Ct. 1595 ; Panetti , 551 U.S. at 944, 127 S.Ct. 2842 ; see id., at 943 . . . McDaniel , 529 U.S. 473, 486, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000). . . . Becton Dickinson & Co. , 486 U.S. 196, 199-200, 203, 108 S.Ct. 1717, 100 L.Ed.2d 178 (1988) (a motion . . .

OPATI, v. REPUBLIC OF SUDAN,, 140 S. Ct. 1601 (U.S. 2020)

. . . Verlinden , 461 U.S. at 486, 103 S.Ct. 1962. . . . See id., at 486-487, 103 S.Ct. 1962. . . .

UNITED STATES, v. SINENENG- SMITH, 140 S. Ct. 1575 (U.S. 2020)

. . . Pfister , 380 U.S. 479, 486, 85 S.Ct. 1116, 14 L.Ed.2d 22 (1965). . . .

MAINE COMMUNITY HEALTH OPTIONS, v. UNITED STATES v. v. v., 140 S. Ct. 1308 (U.S. 2020)

. . . Lanier Collection Agency & Service, Inc. , 486 U.S. 825, 837, 108 S.Ct. 2182, 100 L.Ed.2d 836 (1988) . . .

NEW YORK STATE RIFLE PISTOL ASSOCIATION, INC. v. CITY OF NEW YORK, NEW YORK,, 140 S. Ct. 1525 (U.S. 2020)

. . . McCormack , 395 U.S. 486, 493, 550, 89 S.Ct. 1944, 23 L.Ed.2d 491 (1969) (remanding for award of unpaid . . .

THRYV, INC. v. CLICK- TO- CALL TECHNOLOGIES, LP,, 140 S. Ct. 1367 (U.S. 2020)

. . . EEOC , 575 U.S. 480, 486, 135 S.Ct. 1645, 191 L.Ed.2d 607 (2015) ). . . .

RAMOS, v. LOUISIANA, 140 S. Ct. 1390 (U.S. 2020)

. . . Maryland , 486 U.S. 367, 108 S.Ct. 1860, 100 L.Ed.2d 384 (1988) ); Summerlin , 542 U.S. at 358, 124 S.Ct . . .

CITGO ASPHALT REFINING COMPANY, v. FRESCATI SHIPPING COMPANY, LTD., 140 S. Ct. 1081 (U.S. 2020)

. . . U.S. 248, 253, 23 S.Ct. 86, 47 L.Ed. 163 (1902) ; see also The Gazelle and Cargo , 128 U.S. 474, 485-486 . . . Wortman , 486 U.S. 717, 732, n. 4, 108 S.Ct. 2117, 100 L.Ed.2d 743 (1988) ; see also U.C.C. § 1-303(c . . .

K. KAHLER, v. KANSAS, 140 S. Ct. 1021 (U.S. 2020)

. . . C. 477, 485-486, 402 S. E. 2d 386, 390 (1991). . . .

M. TAFFE, v. E. WENGERT,, 140 S. Ct. 1106 (U.S. 2020)

. . . No. 19-486 Supreme Court of the United States. . . .

ANIMAL LEGAL DEFENSE FUND v. UNITED STATES DEPARTMENT OF AGRICULTURE, 935 F.3d 858 (9th Cir. 2019)

. . . United States , 837 F.2d 486, 491 (D.C. Cir. 1988) ). . . . See id. at 484 (describing how CREW "seeks to compel disclosure" of OLC opinions); id. at 486 (explaining . . .

UNITED STATES v. MCADORY,, 935 F.3d 838 (9th Cir. 2019)

. . . Ingham , 486 F.3d 1068, 1078 n.8 (9th Cir. 2007) (citing Johnson , 256 F.3d at 915 (Kozinski, J., concurring . . .

UNITED STATES v. HERRING,, 935 F.3d 1102 (10th Cir. 2019)

. . . See id. at 486, 120 S.Ct. 1029 ("To prove deficient performance, a defendant can rely on evidence that . . . Id. at 486, 120 S.Ct. 1029. . . .

IN RE JUAREZ, v., 603 B.R. 610 (B.A.P. 9th Cir. 2019)

. . . . ; see In re Brown , 498 B.R. 486, 500 (Bankr. E.D. Pa. 2013), aff'd , 505 B.R. 638 (E.D. . . .

PANAH, v. CHAPPELL,, 935 F.3d 657 (9th Cir. 2019)

. . . Roe, 628 F.3d 486, 506 (9th Cir. 2010) ("[E]ven false evidence presented in good faith ... hardly comports . . .

SEMPLE, a a k a a v. GRISWOLD, Be USA A., 934 F.3d 1134 (10th Cir. 2019)

. . . Grant , 486 U.S. 414, 108 S.Ct. 1886, 100 L.Ed.2d 425 (1988), which "dictated who could speak ... or . . .

DIVERSE POWER, INC. v. CITY OF LAGRANGE, GEORGIA,, 934 F.3d 1270 (11th Cir. 2019)

. . . Biard , 486 U.S. 517, 108 S. Ct. 1945, 100 L.Ed.2d 517 (1988) (immunity from civil process). . . .

UNITED STATES v. L. JOHNSON,, 934 F.3d 716 (7th Cir. 2019)

. . . Gagnon , 470 U.S. 522, 526, 105 S.Ct. 1482, 84 L.Ed.2d 486 (1985) (per curiam) (quoting Snyder v. . . .

ANDERSON, AS TRUSTEE FOR NEXT- OF- KIN OF ANDERSON v. CITY OF MINNEAPOLIS Dr. M. D. HCMC D. J. A. F. HCMC M. D. s J. L. L. T. D. M. T., 934 F.3d 876 (8th Cir. 2019)

. . . City of Brooklyn Park , 486 F.3d 385, 393 (8th Cir. 2007) (en banc). . . .

SCRIMO, v. LEE,, 935 F.3d 103 (2nd Cir. 2019)

. . . Trombetta, 467 U.S. 479, 486 n.6, 104 S.Ct. 2528, 81 L.Ed.2d 413 (1984) ("[C]riminal defendants are entitled . . .

STONE, v. TROY CONSTRUCTION, LLC, 935 F.3d 141 (3rd Cir. 2019)

. . . Richland Shoe Co. , 486 U.S. 128, 108 S.Ct. 1677, 100 L.Ed.2d 115 (1988), the Supreme Court addressed . . . McLaughlin , 486 U.S. at 133, 108 S.Ct. 1677. It does not require a showing of egregiousness. . . . Id. at 615, 113 S.Ct. 1701 (quoting McLaughlin , 486 U.S. at 133, 108 S.Ct. 1677 ). . . . Safeco relied on McLaughlin , 486 U.S. at 132-33, 108 S.Ct. 1677, to characterize the willfulness standard . . .

BACA v. COLORADO DEPARTMENT OF STATE, G. T. L. M., 935 F.3d 887 (10th Cir. 2019)

. . . McCormack , 395 U.S. 486, 547, 89 S.Ct. 1944, 23 L.Ed.2d 491 (1969) ). . . . Ahidley , 486 F.3d 1184, 1192 n.5 (10th Cir. 2007). . . .

BURKE, v. REGALADO, v., 935 F.3d 960 (10th Cir. 2019)

. . . Acquisition Corp. , 486 U.S. 847, 858 n.7, 108 S.Ct. 2194, 100 L.Ed.2d 855 (1988). " Section 455(a) requires . . .

R. MEIER v. ST. LOUIS, MISSOURI, CITY OF s St. H. St. St. St. St. G. a St. St. P. O. DSN, 934 F.3d 824 (8th Cir. 2019)

. . . City of Brooklyn Park, 486 F.3d 385, 389 (8th Cir. 2007) (en banc) (quoting Monell v. Dep't of Soc. . . .

TURCO v. CITY OF ENGLEWOOD, NEW JERSEY,, 935 F.3d 155 (3rd Cir. 2019)

. . . McCullen , 573 U.S. at 486, 134 S.Ct. 2518. Id. Id. (quoting Ward v. . . . Id. at 486-87, 134 S.Ct. 2518 (quoting Schenck v. Pro-Choice Network of W. . . . Grant , 486 U.S. 414, 424, 108 S.Ct. 1886, 100 L.Ed.2d 425 (1988) ). Id. . . . (internal quotation marks omitted) (quoting Meyer , 486 U.S. at 424, 108 S.Ct. 1886 ). . . .

UNITED STATES v. CANO,, 934 F.3d 1002 (9th Cir. 2019)

. . . Powell , 428 U.S. 465, 486, 96 S.Ct. 3037, 49 L.Ed.2d 1067 (1976) ). . . .

S. BLEDSOE, v. VANDERBILT,, 934 F.3d 1112 (10th Cir. 2019)

. . . Neet, 486 F.3d 1177, 1179 (10th Cir. 2007). Our review is de novo. Perez v. . . . Reed, 500 U.S. 478, 486, 111 S.Ct. 1934, 114 L.Ed.2d 547 (1991), wherein they examine the "nature of . . . See also Burns, 500 U.S. at 486, 111 S.Ct. 1934 ("[P]rosecutors are absolutely immune from liability . . . Burns, 500 U.S. at 486, 111 S.Ct. 1934. . . .

WAL- MART STORES, INCORPORATED L. L. C. s v. TEXAS ALCOHOLIC BEVERAGE COMMISSION, 935 F.3d 362 (5th Cir. 2019)

. . . Limbach , 486 U.S. 269, 273, 108 S.Ct. 1803, 100 L.Ed.2d 302 (1988) ). . . . Steen , 486 F. Supp. 2d 626, 633 (W.D. Tex. 2007). . . .

IN RE JOHNSON, v., 935 F.3d 284 (5th Cir. 2019)

. . . Acquisition Corp. , 486 U.S. 847, 863-64, 108 S.Ct. 2194, 100 L.Ed.2d 855 (1988) ). . . . See Liljeberg , 486 U.S. at 863-864, 108 S.Ct. 2194 (cited in Buck, 137 S. Ct. at 778 ). . . .

RAYMOND, v. UNITED STATES, 933 F.3d 988 (8th Cir. 2019)

. . . Acquisition Corp., 486 U.S. 847, 863-64, 108 S.Ct. 2194, 100 L.Ed.2d 855 (1988) ). " '[A] good claim . . .

M. RODEN, v. COMMISSIONER OF SOCIAL SECURITY,, 389 F. Supp. 3d 548 (S.D. Ohio 2019)

. . . Sec., 486 F.3d 234, 248 (6th. . . .

ANIMAL LEGAL DEFENSE FUND, v. UNITED STATES DEPARTMENT OF AGRICULTURE, 933 F.3d 1088 (9th Cir. 2019)

. . . McCormack , 395 U.S. 486, 496, 89 S.Ct. 1944, 23 L.Ed.2d 491 (1969). . . . United States , 837 F.2d 486, 491 (D.C. Cir. 1988) ). . . .

UNITED STATES v. BRAZIER,, 933 F.3d 796 (7th Cir. 2019)

. . . Jaroszenko , 92 F.3d 486 (7th Cir. 1996) ; United States v. Lampien , 89 F.3d 1316 (7th Cir. 1996). . . .

BASTARDO- VALE, v. ATTORNEY GENERAL UNITED STATES, 934 F.3d 255 (3rd Cir. 2019)

. . . Kirby , 74 U.S. (7 Wall.) 482, 486-87, 19 L.Ed. 278 (1868). See also Encompass Ins. Co. v. . . .

UNITED STATES v. JONES,, 935 F.3d 266 (5th Cir. 2019)

. . . . § 924(c) is unconstitutionally vague as well. 903 F.3d at 486. . . .

UNITED STATES v. NG LAP SENG, Ng, Ng W. C., 934 F.3d 110 (2nd Cir. 2019)

. . . Cartwright, 486 U.S. 356, 361, 108 S.Ct. 1853, 100 L.Ed.2d 372 (1988) ; United States v. . . .

UNITED STATES v. TREVINO,, 388 F. Supp. 3d 901 (W.D. Mich. 2019)

. . . Greenwood , 486 U.S. 35, 108 S.Ct. 1625, 100 L.Ed.2d 30 (1988). . . .

UNITED STATES v. M. SWARTZ,, 391 F. Supp. 3d 199 (N.D.N.Y. 2019)

. . . Bay European Corp. , 486 F. . . . See, e.g. , Bell , 486 F. Supp. 2d at 260 "[A] lay person may not represent an entity."). . . .

DUMONT, v. REILY FOODS COMPANY, 934 F.3d 35 (1st Cir. 2019)

. . . See id. at 486 (noting that "whether conduct is deceptive is initially a question of fact"). . . .

T. SCHMITT v. LAROSE,, 933 F.3d 628 (6th Cir. 2019)

. . . Plain Dealer Publ'g Co ., 486 U.S. 750, 757, 108 S.Ct. 2138, 100 L.Ed.2d 771 (1988) ("At the root of . . . See City of Lakewood , 486 U.S. at 750, 108 S.Ct. 2138 (permit required for placement of newspaper racks . . . Grant , 486 U.S. 414, 108 S.Ct. 1886, 100 L.Ed.2d 425 (1988), which found a First Amendment violation . . . Id. at 295 ; see also Meyer , 486 U.S. at 424, 108 S.Ct. 1886. . . . (alteration in original) (quoting Meyer , 486 U.S. at 423, 108 S.Ct. 1886 ). . . .

MALDONADO L. Jr. v. RODRIGUEZ, Jr., 932 F.3d 388 (5th Cir. 2019)

. . . Id. at 486. The balancing test is case-specific. . . . Id. at 372 ; see also Gentry , 337 F.3d at 486 ("Where nonpolicymaking, nonconfidential employees are . . .

BERGAMATTO, v. BOARD OF TRUSTEES OF THE NYSA ILA PENSION FUND, 933 F.3d 257 (3rd Cir. 2019)

. . . Humble Surgical Hosp., L.L.C. , 878 F.3d 478, 486 (5th Cir. 2017) (observing that "[t]he Fifth Circuit . . .

MCDONOUGH A. v. CYCLING SPORTS GROUP, INC. Co., 392 F. Supp. 3d 320 (W.D.N.Y. 2019)

. . . Corp. , 758 F.3d 473, 486 (2d Cir. 2014). . . .

GONZALEZ- DE LEON, v. P. BARR,, 932 F.3d 489 (6th Cir. 2019)

. . . Barr , 917 F.3d 486 (6th Cir. 2019). . . .

IN RE N. JAFFE,, 932 F.3d 602 (7th Cir. 2019)

. . . See In re Yotis , 518 B.R. 481, 486-90 (Bkrtcy. N.D. . . .

FRYE, v. CSX TRANSPORTATION, INC., 933 F.3d 591 (6th Cir. 2019)

. . . Charter Cty. of Wayne , 452 F.3d 482, 486 (6th Cir. 2006). . . .

JET MIDWEST INTERNATIONAL CO. LTD, v. JET MIDWEST GROUP, LLC, F. F. M., 932 F.3d 1102 (8th Cir. 2019)

. . . Borchert , 486 F.3d 342, 346 (8th Cir. 2007) (citing 28 U.S.C. § 1332(a) ). . . .

ASSOCIATION OF EQUIPMENT MANUFACTURERS AGCO CNH LLC v. BURGUM, s, 932 F.3d 727 (8th Cir. 2019)

. . . DeBenedictis , 480 U.S. 470, 486 & n.14, 107 S.Ct. 1232, 94 L.Ed.2d 472 (1987) (upholding state statute . . .

JONES, v. A. BERRYHILL,, 392 F. Supp. 3d 831 (M.D. Tenn. 2019)

. . . Sec., 486 F.3d 234, 247 (6th Cir. 2007). . . . Sec., 486 F.3d 234, 247 (6th Cir. 2007) (quoting McPherson v. . . .

VIRNETX INC. v. APPLE INC., 931 F.3d 1363 (Fed. Cir. 2019)

. . . Operating Corp. , 486 U.S. 800, 817, 108 S.Ct. 2166, 100 L.Ed.2d 811 (1988) ), and the Supreme Court . . . Operating Corp. , 486 U.S. 800, 817, 108 S.Ct. 2166, 100 L.Ed.2d 811 (1988) (citing Panama R. . . .

MITCHELL, v. MACLAREN,, 933 F.3d 526 (6th Cir. 2019)

. . . United States , 486 F.3d 931, 934 (6th Cir. 2007). Mitchell's reliance on Gonzalez v. . . . See Dunham , 486 F.3d at 934. . . .

D. LISLE, Jr. v. WELBORN,, 933 F.3d 705 (7th Cir. 2019)

. . . Sandin , 515 U.S. at 486, 115 S.Ct. 2293 (inmates must demonstrate that punishment constituted dramatic . . .

UNITED STATES v. BUCHANAN,, 933 F.3d 501 (6th Cir. 2019)

. . . App'x 483, 486 (6th Cir. 2015) (finding that a four-level error in calculating the defendant's base offense . . .

J. GILLIAM, C. Ad v. SEALEY, E. C. T. A. Sr. C. T. A. WTVD LLC J. C. Ad v. C. T. A. E. C. T. A. Sr. WTVD LLC, 932 F.3d 216 (4th Cir. 2019)

. . . . § 2254. 512 U.S. 477, 486-87, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994) (footnote omitted). . . .

UNITED STATES v. GALECKI, v., 932 F.3d 176 (4th Cir. 2019)

. . . Alvarado , 808 F.3d 474, 486 (11th Cir. 2015) (explaining a defendant may "effectively backdoor the rejected . . .

UNITED STATES v. DEL CARPIO FRESCAS,, 932 F.3d 324 (5th Cir. 2019)

. . . Rodriguez , 278 F.3d 486, 490 (5th Cir. 2002). . . .

YOUNG, v. WINKLER,, 390 F. Supp. 3d 868 (S.D. Ohio 2019)

. . . App'x 486, 489 (6th Cir. 2014), the undersigned concludes that the conduct at issue here falls short . . .

IN RE SCHATZ, v., 602 B.R. 411 (B.A.P. 1st Cir. 2019)

. . . In re Welch, 486 B.R. 1, 3 (Bankr. D. Mass. 2013) (citing Mass. Gen. . . .

UNITED STATES v. BAILEY,, 931 F.3d 558 (6th Cir. 2019)

. . . ."); Kimble , 305 F.3d at 486 ("[I]t does not matter whether the defendant is actually guilty of the . . .

RUIZ- CORTEZ, v. CITY OF CHICAGO,, 931 F.3d 592 (7th Cir. 2019)

. . . United States , 341 U.S. 479, 486, 71 S.Ct. 814, 95 L.Ed. 1118 (1951) (the "protection must be confined . . .

IN RE BROWN,, 932 F.3d 162 (4th Cir. 2019)

. . . Malone , 747 F.3d 481, 486 (7th Cir. 2014) ; United States v. . . . Malone , 747 F.3d at 486. . . .

TRACIE H. v. SAUL,, 388 F. Supp. 3d 990 (N.D. Ill. 2019)

. . . Berryhill , 915 F.3d 486, 490 (7th Cir. 2019) ; Walker v. . . .

UNITED STATES v. VARGAS- MOLINA,, 392 F. Supp. 3d 809 (E.D. Mich. 2019)

. . . Barr , 917 F.3d 486 (6th Cir. 2019), and raises it before this Court to preserve the issue for appeal . . .

MEJIA- CASTANON, v. ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA, 931 F.3d 224 (3rd Cir. 2019)

. . . Barr , 917 F.3d 486, 489-91 (6th Cir. 2019) ; Karingithi v. . . .

HUPP R. H. a v. COOK C. R., 931 F.3d 307 (4th Cir. 2019)

. . . Gustke , 179 W.Va. 771, 373 S.E.2d 484, 486 (W. Va. 1988) ). . . .

UNITED STATES v. VILLARREAL SILVA, a k a a k a, 931 F.3d 330 (4th Cir. 2019)

. . . Lopez-Vasquez , 227 F.3d 476, 486 (5th Cir. 2000) (holding that it was unnecessary to address the constitutionality . . .

PLANNED PARENTHOOD SOUTHWEST OHIO REGION v. DEWINE, 931 F.3d 530 (6th Cir. 2019)

. . . Revised Code § 2919.123, which regulates the use and prescription of mifepristone (also known as RU-486 . . . uses of mifepristone not "in accordance with all provisions of federal law that govern the use of RU-486 . . . Found. , 330 F.3d 486, 493 (D.C. . . .

Z. J. a BY AND THROUGH Je JONES, v. KANSAS CITY BOARD OF POLICE COMMISSIONERS,, 931 F.3d 672 (8th Cir. 2019)

. . . City of Brooklyn Park , 486 F.3d 385, 393 (8th Cir. 2007). . . .

D. HIGGINS, v. UNION PACIFIC RAILROAD CO., 931 F.3d 664 (8th Cir. 2019)

. . . Iams Co., 486 F.3d 353, 358 (8th Cir. 2007) (alteration in original) (citation omitted). . . .

UNITED STATES v. CORRALES- VAZQUEZ,, 931 F.3d 944 (9th Cir. 2019)

. . . Postal Serv. , 546 U.S. 481, 486, 126 S.Ct. 1252, 163 L.Ed.2d 1079 (2006) ). . . .

UNITED STATES v. IWAI,, 930 F.3d 1141 (9th Cir. 2019)

. . . Ojeda , 276 F.3d 486, 488 (9th Cir. 2002) (per curiam) (quoting United States v. . . . Ojeda , 276 F.3d 486, 488 (9th Cir. 2002) ; see Kirkpatrick , 843 F.3d at 791 ; United States v. . . .

DIAZ- QUIRAZCO, v. P. BARR,, 931 F.3d 830 (9th Cir. 2019)

. . . Dec. at 486-87. . . . Dec. 484, 486-87 (BIA 2008) (holding an alien's judgment of guilt entered by a general court-martial . . .

CHOW, v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY,, 391 F. Supp. 3d 37 (D.D.C. 2019)

. . . United States , 486 U.S. 531, 536, 108 S.Ct. 1954, 100 L.Ed.2d 531 (1988) ). . . .

UNITED STATES v. MIXON,, 930 F.3d 1107 (9th Cir. 2019)

. . . Pena , 518 U.S. 187, 192, 116 S.Ct. 2092, 135 L.Ed.2d 486 (1996). . . .

UNITED STATES v. MCKOWN,, 930 F.3d 721 (5th Cir. 2019)

. . . Id. at 486, 100 S.Ct. 1254. . . .

WOOD GROUP PRODUCTION SERVICES, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, A., 930 F.3d 733 (5th Cir. 2019)

. . . Grasso Production Management, Inc. , 370 F.3d 486 (5th Cir. 2004). . . .

BRAEBURN INC. v. UNITED STATES FOOD AND DRUG ADMINISTRATION,, 389 F. Supp. 3d 1 (D.D.C. 2019)

. . . FEC , 811 F.3d 486, 495 (D.C. Cir. 2016). . . .

PRESQUE ISLE COLON AND RECTAL SURGERY, v. HIGHMARK HEALTH, f k a f k a, 391 F. Supp. 3d 485 (W.D. Pa. 2019)

. . . Burget , 486 U.S. 94, 100, 108 S.Ct. 1658, 100 L.Ed.2d 83 (1988) (quoting Hallie , 471 U.S. at 47, 105 . . .

IN RE A. STEWART, P., 603 B.R. 138 (Bankr. W.D. Okla. 2019)

. . . Statement of Support for Second Motion to Settle filed by Kirkpatrick Bank on October 10, 2017 [Doc. 486 . . .

IN RE LICKING RIVER MINING, LLC, v. LLC,, 603 B.R. 336 (Bankr. E.D. Ky. 2019)

. . . Scansteel Service Center, Inc. , 807 S.W.2d 476, 486 (Ky. 1991) ). . . .

ACE AMERICAN INSURANCE COMPANY, a v. WATTLES COMPANY, a, 930 F.3d 1240 (11th Cir. 2019)

. . . Co., 226 Ga.App. 200, 486 S.E.2d 71, 73 (1997) ; Simmons v. Select Ins. . . .

N. Y. C. C. v. P. BARR,, 930 F.3d 884 (7th Cir. 2019)

. . . Gonzales , 468 F.3d 482, 486 (7th Cir. 2006) ("Threats can constitute past persecution only in the most . . .

NNEBE, v. DAUS, v., 931 F.3d 66 (2nd Cir. 2019)

. . . Mallen , 486 U.S. 230, 243, 108 S.Ct. 1780, 100 L.Ed.2d 265 (1988) ); see also Brock v. . . .

ASSOCIATION FOR COMMUNITY AFFILIATED PLANS, v. UNITED STATES DEPARTMENT OF TREASURY,, 392 F. Supp. 3d 22 (D.D.C. 2019)

. . . Gates, 486 F.3d 1316, 1323 (D.C. . . .

PIERRE- PAUL, v. P. BARR, U. S., 930 F.3d 684 (5th Cir. 2019)

. . . Barr , 917 F.3d 486, 490-91 (6th Cir. 2019) ; Karingithi v. . . .

PEABODY TWENTYMILE MINING, LLC, v. SECRETARY OF LABOR,, 931 F.3d 992 (10th Cir. 2019)

. . . Postal Serv., 546 U.S. 481, 486, 126 S.Ct. 1252, 163 L.Ed.2d 1079 (2006) ; cf. . . . Dolan, 546 U.S. at 486, 126 S.Ct. 1252 ("A word in a statute may or may not extend to the outer limits . . . the [regulation]" and "any precedents or authorities that inform the analysis," Dolan, 546 U.S. at 486 . . . Dolan, 546 U.S. at 486, 126 S.Ct. 1252. . . . Dolan, 546 U.S. at 486, 126 S.Ct. 1252 ("The definition of words in isolation, however, is not necessarily . . .

BORCHENKO v. L OREAL USA, INC., 389 F. Supp. 3d 769 (C.D. Cal. 2019)

. . . Lanier Collection Agency , 486 U.S. 825, 830-31, 108 S.Ct. 2182, 100 L.Ed.2d 836 (1988) ). . . .

L. C. v. ALTA LOMA SCHOOL DISTRICT,, 389 F. Supp. 3d 845 (C.D. Cal. 2019)

. . . Dist. , 486 F.3d 1099, 1104 n. 4 (9th Cir. 2007) ; see also Ojai , 4 F.3d at 1476 (noting that an ALJ's . . .

SAID, v. NATIONAL RAILROAD PASSENGER CORPORATION,, 390 F. Supp. 3d 46 (D.D.C. 2019)

. . . Norge Div. of Magic Chef, Inc., 486 U.S. 399, 407, 108 S.Ct. 1877, 100 L.Ed.2d 410 (1988) ). . . .

UNITED STATES v. CORTEZ, a k a S. T. J. D J. M. F. Jr. P. A. W. H. D. A., 930 F.3d 350 (4th Cir. 2019)

. . . Diaz-Martinez , 380 F.Supp.3d 486, 509-10 (E.D. Va. 2019) ; United States v. . . . Barr , 917 F.3d 486, 489-91 (6th Cir. 2019) ; Karingithi , 913 F.3d at 1159-62 ; Hernandez-Perez , 911 . . .

UNITED STATES v. C. SCHMIDT,, 930 F.3d 858 (7th Cir. 2019)

. . . Id. at 486, 113 S.Ct. 2194 (quoting Dawson , 503 U.S. at 165, 112 S.Ct. 1093 ). . . . Id. at 486-88, 113 S.Ct. 2194. . . .

L. PICKETT, v. CHICAGO TRANSIT AUTHORITY,, 930 F.3d 869 (7th Cir. 2019)

. . . Parish , 923 F.3d 486, 490-92 (7th Cir. 2019). . . .