24
Future Changes to Governance president’s letter (page 2) Legislative Advocate Registration Form register for lobby day (Page 3) 2012 Legislative Plan see what NYPTA is lobbying for (page 4) 2012 Committee Assignments find out if your representative is on a committee (page 5) Proposed Changes to Public Health Law Affecting Early Intervention highlights of proposed changes (page 9) Minority Members, Are We the 1% or the 99%? (Page 11) 2012 Slate of Candidates read their statements (page 16) Ethical and Legal Considerations Regarding the Utilization of Support Personnel in PT Practice is there an ethical way to delegate? (page 19) Empire State Physical Therapy The Official Newsletter of the New York Physical Therapy Association, Inc. Volume XLVIl, NO. 2 March/April, 2012 Your Profession NEEDS YOU ! By Michael Mattia, PT, DPT, MS Chair, Advisory Panel on Legislation We are rapidly approaching our annual Lobby Day which is May 15th. Each year our chapter mobilizes and attends this very productive and educational day. It is a day for us to make our voices heard to our elected officials regarding legislation and issues that directly affect our practice in New York State. As the new Chair of the Advisory Panel on Legislation for our chapter, I am appealing to each and every member to strongly consider attending this year’s event. The issues at hand, high co-pays, decreased reimbursement, Workers’ Compensation reform, increasing health care premiums, decreasing state and federal health care budgets, and POPTS must be addressed and the time is NOW. As a practitioner, administrator, teacher, and advocate, I believe that we are at a critical junction for our profession. Understand that it matters not where or what form of physical therapy services you render, these issues directly impact your ability to practice and receive reasonable payment for necessary services. My conversations with PTs in every area of practice and specialty center around the pressures of professional practice under the ever-increasing burden of federal, state, and private payer cuts to reimbursement and access to our services. continued on page 4

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Page 1: March/April, 2012 Empire State€¦ · The Official Newsletter of the New York Physical Therapy Association, Inc. Volume XLVIl, NO. 2 March/April, ... we need to embrace it, shape

Future Changes to Governancepresident’s letter (page 2)

Legislative Advocate Registration Formregister for lobby day (Page 3)

2012 Legislative Plansee what NYPTA is lobbying for (page 4)

2012 Committee Assignments find out if your representative is on a committee (page 5)

Proposed Changes to Public Health Law Affecting Early Intervention highlights of proposed changes (page 9)

Minority Members, Are We the 1% or the 99%? (Page 11)

2012 Slate of Candidatesread their statements (page 16)

Ethical and Legal Considerations Regarding the Utilization of Support Personnel in PT Practiceis there an ethical way to delegate? (page 19)

Empire StateP h y s i c a l T h e r a p yThe Off icial Newslet ter of the New York Physical Therapy Associat ion, Inc.

Volume XLVIl, NO. 2 March/April, 2012

Your Profession NEEDS YOU !By Michael Mattia, PT, DPT, MSChair, Advisory Panel on Legislation

We are rapidly approaching our annual Lobby Day which is May 15th. Each year our chapter mobilizes and attends this very productive and educational day. It is a day for us to make our voices heard to our elected officials regarding legislation and issues that directly affect our practice in New York State.

As the new Chair of the Advisory Panel on Legislation for our chapter, I am appealing to each and every member to strongly consider attending this year’s event. The issues at hand, high co-pays, decreased reimbursement, Workers’ Compensation reform, increasing health care premiums, decreasing state and federal health care budgets, and POPTS must be addressed and the time is NOW. As a practitioner, administrator, teacher, and advocate, I believe that we are at a critical junction for our profession. Understand that it matters not where or what form of physical therapy services you render, these issues directly impact your ability to practice and receive reasonable payment for necessary services.

My conversations with PTs in every area of practice and specialty center around the pressures of professional practice under the ever-increasing burden of federal, state, and private payer cuts to reimbursement and access to our services.

continued on page 4

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2 | Empire Physical Therapy • March/April, 2012 www.nypta.org

E M P I R E S T A T EP H Y S I C A L T H E R A P Y

Volume XLVII, No. 2 March/April, 2012

Publisher New York Physical Therapy Association 5 Palisades Drive, Suite 330 Albany, NY 12205Phone: 518.459.4499 • Toll-Free: 800.459.4489Fax: 518.459.8953

Web Page: www.nypta.org

Editor / Designer Bibiana BraunEmpire State Physical Therapy is published 6 times yearly, with combined January/February, March/April, May/June, July/August, September/October and November/December issues. Its purpose is to provide physical therapists, physical therapist assistants and physical therapist/physical therapist assistant students with accurate and timely information relevant to the practice of physical therapy. The editor reserves the right to edit all communications. Anonymous letters will not be published. Views expressed are those of the author and do not represent the formal position of NYPTA unless expressly stated.

Editorial BoardClaudia B. Fenderson, PT, EdD, PCS Melanie A. Gillar, PT, DPT, MASusan Miller, PT, DPT, MS, OCS

AdvertisementsAll advertisements in Empire State Physical Therapy must comply with the ethical standards of the APTA. Acceptance of advertisements in this publication does not imply endorsement.

Submission of Material for PublicationSubmissions should be sent via email to Bibiana Braun, Editor, at [email protected]. Submissions are subject to the discretion of the

editorial board.

SubscriptionsNYPTA members automatically receive this publication. Nonmember subscriptions are $100 (US) or $150 (non-US) annually. This price includes sales tax, shipping and handling.

DeadlinesEditorial and advertising deadlines are the first business day of the month prior to the month of publication.

Chapter Officers President Matthew R. Hyland, PT, PhD, MPA, CSCS Vice President Jenn i fe r Co l l i ns , PT, EdD, MPA Treasurer Scott Minor, PT, PhD Secretary Jeremy Crow, PT, DPT, SCS Speaker Peggy J. Lynam, PT, DPT, NCS Chief Delegate Lynn Rivers, PT, PhD

Chapter Directors Brooklyn/Staten Island David Sofer, PT Catskill Keri A. Gill-Smith, PT Central Michael Tisbe, PT Eastern Dolores F. Montero PT, DPT, GCS Finger Lakes Jeremy Bittel, PT, DPT Greater New York Debra Engel, PT, DPT, MS Hudson Valley Kathleen Birnbaum, PT Long Island Bill O'Keefe, PT Southern Tier Joel VanSlyke, PT, DPT, GCS Western Mark Basile, PT

Chapter Office Staff Executive Director Leslie J. Wood, CAE ([email protected])Communications Director Bibiana Braun ([email protected]) Assistant Director Kelly Garceau ([email protected]) Finance Manager Pamela J. Cook ([email protected]) Administrative Assistant Linda Brown ([email protected])

Copyright 2012 by the New York Physical Therapy Association. Requests for reprints should be directed to Bibiana Braun at NYPTA, 5 Palisades Drive, Suite 330, Albany, NY 12205.

continued on page 21

While longer days mean that spring is right around the corner they also signal a time of intense activity for both the NYPTA and the APTA. I attended the Combined Sections Meeting (CSM) in Chicago in February and found myself returning home more energized than ever about our profession and the people who serve in it. Normally in these letters I try to bring a positive approach to where we are and the journey ahead. In this letter, however, I would like to share with you a few major issues now being addressed at both the national and chapter levels.

Two major issues currently under discussion within the APTA are review of our governance processes and a motion titled “Physical Therapist

Matthew R. Hyland, PT, PhD, MPA, CSCS

President’s Letter

Responsibility and Accountability for the Delivery of Care” (formally referred to as RC3) which was passed at the 2011 House

of Delegates.

The Governance Review, which began in 2009, established a task force to evaluate existing governance processes and best practices and make a recommendation

to the Board of Directors, to enable them to make potential motions to the 2013 House of Delegates (HOD). Prior to the recent CSM, the Governance Task Force orally provided the APTA Board of Directors (Board) with their initial recommendations, and will provide a final written report to the Board in April. As part of this process, the task force took an extensive look at the composition and function of the Board of Directors, House of Delegates, Sections and Chapters. And, while I’m sure there will be a great deal of discussion and debate about the direction our governance structure should take moving forward, one thing is for certain: The work of the task force has been extensive and thorough. Although the final outcome of governance review is unknown at this time, the task force -- including Chapter members Jim Dunleavy (HV) and Nate Mosher (E) -- should be commended for their work.

Ultimately, it would not be surprising to see the House of Delegates make significant changes to the governance structure and processes of our association. I think we would all agree that people do not like change because it is inherently scary and often creates conflict. But, as I mentioned in the last issue, change is here whether we like it or not; it is an essential part of our evolution as an association and as a profession. So, instead of fighting it, we need to embrace it, shape it and thrive within it.

With respect to RC3, in 2011 the House of Delegates passed a motion titled “Physical Therapist Responsibility and Accountability for the Delivery of Care,” which reads as follows:

“Ultimately, it would not be surprising to see the House of Delegates make significant changes to the governance structure and processes of our association.”

Future Changes to Governance

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www.nypta.org March/April, 2012 • Empire State Physical Therapy | 3

NYPTA Lobby Day T u e s d a y , May 15, 2012

Legislative Advocate Registration FormLegislative advocacy refers to efforts of influencing elected officials by voicing

your suggestions or ideas to your elected official.

Legislative Office Building ★ Corner of State and Eagle Streets ★ Albany, New York Registration Center: 3rd Floor Terrace ★ 9:00 a.m. - 3:00 p.m.

Appointments With Legislators: 9:00 a.m.–5:00 p.m. .

Legislative Advocate: That’s YOU!Please print or type.

Name: ❑ PT ❑ PTA ❑ SPT ❑ SPTA ❑ Other

NYPTA District: Phone number: (_______)

Home address: Email address:

City: ________________________________________ State: ZIP:

Name of School:

Coordinator:

Expected arrival time: Expected departure time :

★ Lobbying Participation: Please indicate your availability for the functions listed below. You must fill in an answer for each

question listed.

1. I will be available for appointments with legislators 1. ❑ Yes ❑ No

2. My availability for legislator appointments: 2. a.m.– p.m.

3. I wish to accompany another therapist who has previously visited a legislator.. 3. ❑ Yes ❑ No

4. My senator’s name: 4.

5. My assemblyperson’s name: 5.

6. If you are a faculty member, how many students are you planning to bring? 7.

★ New York Legislators: Don’t know who your legislators are? No problem! Go to the following web page: http://www.nypta.org/displaycommon.cfm?an=8 and scroll down to “don’t kno who your legislators are”

★ Legislator Appointments and Transportation: Your District Legislative Liaison will use the above information to make all legislator appointments. Contact your Legislative Liaison to find out if car pools or bus transportation are available.

★ IMPORTANT: Photo ID is required for all visitors who wish to park at the Empire State Plaza, including the driver and oc-cupants in the car. Those without proper ID will not be allowed to park at the Empire State Plaza. P-3 North has been renamed to V-LOT (visitor’s lot).

★ More Information: Please see the legislative section of the website for the NYPTA Legislative Liaison in your District.

★ ★ ★ Deadline for submitting registration form: April 30, 2012. ★ ★ ★

New York Physical Therapy Association ★ 5 Palisades Drive ★ Suite 330 ★ Albany, NY 12205Fax: 518-459-8953

Phone: (518) 459-4499/800-459-4489

Go to http://www.nypta.org/displaycommon.cfm?an=8 for information regarding Lobby Day and current legislative issues.

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Having organized and attended Lobby Day

for many years as a Legislative Liaison, I can guarantee you that your attendance at Lobby Day will be enjoyable and educational. We will

be providing materials through print and on

our website to assist you in preparing for the

day. On the trip to Albany, we will provide education to each participant about the events of the day and how you will be involved. Leadership will attend meetings with your legislators to assist in delivering our message. You will leave Albany with a greater appreciation for the legislative process and a greater understanding of the importance of the day.

There is truly moving power in numbers and it is our opportunity to deliver the message in a first hand, palpable fashion. Believe me, one of the things that can motivate our legislators to move on an issue is the sight of many of their constituents in their office articulating their concerns.

NYPTA and its districts, The Alliance of Independent Physical Therapists, The Council of Licensed Physiotherapists, The PT Alliance of Upstate New York, and many other active members have helped to develop our legislative plan for 2012. Please review the plan and join us on May 15th.

Your district Legislative Liaisons and NYPTA will be organizing the day, including transportation to and from Albany. We will have buses leaving from various locations. Registration forms are available both in this issue and on line. I urge you to become engaged in the process. Bring your experiences and your stories directly to your Representatives in Albany. Bring your patients if they are able and willing, so that they can attest to the importance of our service and the need for accessibility. Yes, the time is now and your profession needs you. Hope to see you on May 15th!

2012 NYPTA Legislative Plan (Approved 10/27/11) 1. NYPTA will pursue two bills that address abusive

practices of managed care companies related to physical therapy services and utilization practices. Utilization practices have become increasingly onerous. These bills seek to reestablish fair and appropriate utilization practices consistent with the underlying purpose of the 1996 Managed Care Reform Act. The second bill, which has been split off of the original bill, seeks to end the practice of designating physical therapists as specialist for the purpose of imposing high co-pays. [Bill #’s were A.5590 Brennan Utilization and S.4870 DeFrancisco / A.187 Cahill Co-pays]

NYPTA will explore remedies to address situations where the co-pays are excessive and/or deceptive.

2. NYPTA will also pursue two bills addressing issues

related to the workers’ compensation system. NYPTA will also continue to meet periodically with the Workers’ Compensation Board to discuss outstanding issues [A.7356 Canestrari / S.5090 Griffo and A.7308 Canestrari / S. 5005 (Griffo)] which relates to the establishment of rates of payment and delivery of health care services within the Workers’ Compensation (WC) system. These bills would require the WC Board to undertake the process of examining the appropriateness of rates of payment annually, something which the Board is currently not required to do. The second bill would include the services of a physical therapist assistant as a covered service for purposes of the workers’ compensation system.

3. The Advisory Panel on Legislation (APOL) will work

with an appointed group of physical therapists who work in early intervention (EI) to monitor and proactively address legislation which pertain to and may negatively impact the NYS EI program.

4. NYPTA will draft legislation that closes existing

loopholes in current NYS laws that permit referral-for-profit (POPTS) arrangements.

5. NYPTA will oppose budget proposals that restrict

access to physical therapy services or that reduce reimbursement.

6. NYPTA will oppose legislation which would negatively

impact the profession including the corporate practice of the profession and legislation which would negatively impact physical therapy scope of practice.

Your Profession NEEDS YOU !continued from page 1

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www.nypta.org March/April, 2012 • Empire State Physical Therapy | 5

Higher Education:

Senate: Brooklyn/Staten Island — Kevin S. Parker Central — Joseph A. Griffo; Patty Ritchie; James L. Seward Finger Lakes —James S. Alesi; George D. Maziarz; Joseph Robach Greater New York — Liz Krueger; Gustavo Rivera; José M. Serrano; Toby Ann Stavisky Hudson Valley — David Caarlucci; Suzie Oppenheimer Long Island — John Flanagan; Kenneth P. LaValle, Chair; Lee M. Zeldin Southern Tier—James L. Seward Western — Mark Grisanti; Timothy M. Kennedy; George D. Maziarz

Assembly Brooklyn/Staten Island — Inez D. Barron; Michael Cusick Catskill — Kevin A. Cahill; Joel M. Miller Central — Anthony Brindisi; Marc Butler; Barbara Lifton; William Magee Eastern— Mark Butler Finger Lakes — Joseph D. Morelle Greater New York —Nelson L. Castro; Deborah Glick, Chairperson; Richard N. Gottfried; Michael Simanowicz; Guillermo Linares Hudson Valley — Ellen Jaffee; Amy Paulin Long Island — James D. Conte; Steven Englebright; Michael J. Fitzpatrick; Charles D. Lavine; Dan Losquadro Southern Tier — Marc Butler; Barbara Lifton; Donna Lupardo; William Magee Western— Crystal D. Peoples-Stokes

2012 New York Legislature Committee Assignments

Rules Committee

Senate: Brooklyn/Staten Island — Martin Malavé Dilan; Velmanette Montgomery; Kevin S. Parker; John L. Sampson Catskill — William J. Larkin, Jr.; Stephen M. Saland Central — Michael F. Nozzolio; James Seward Eastern — Neil D. Breslin; Hugh T. Farley; James Seward Finger Lakes— James S. Alesi; George D. Maziarz; Michael F. Nozzolio Greater New York — Thomas Duane; Ruth Hassell-Thompson; Liz Krueger; Bill Perkins; Malcolm Smith Hudson Valley — Ruth Hassell-Thompson; William J. Larkin, Jr.; Andrea Stewart-Cousins Long Island — Hemp Hannon; Owen H. Johnson; Kenneth P. LaValle; Dean G. Skelos, Chair; Carl L. Marcellino Southern Tier— Tom Libous; Michael F. Nozzolio; James Seward Western — George D. Maziarz

Assembly: Brooklyn/Staten Island — Rhoda S. Jacobs; Joseph Lentol; Feliz Ortiz; Helene E. Weinstein Catskill — Clifford W. Crouch; Vito Lopez; Joel M. Miller Central —Gary Finch; Brian M. Kolb; Bob Oaks Eastern —Ron Canestrari; Vito Lopez; James Tedisco Finger Lakes — Daniel Burling; David Gantt; Brian M. Kolb; Joseph D. Morelle; Bob Oaks Greater New York — Jeffrion L. Aubry; Barbara Clark; Vivian E. Cook; Herman D. Farrell, Jr; Deborah J. Glick; Richard N. Gottfried; Catherine Nolan; Peter M. Rivera; Sheldon Silver, Chairperson Hudson Valley — J. Gary Pretlow Long Island — Steve Engelbright; Earlene Hooper; Robert Sweeney Southern Tier— Clifford W. Crouch Western — Daniel J. Burling

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Legislative L i a i s o n s

Brooklyn/Staten Island Michael Mattia, PT, [email protected]

Catskill Jill Taylor, PT, [email protected]

Central Adam Rufa, PT, [email protected]

Eastern Nate Mosher, PT, [email protected]

Finger Lakes

Catherine Talbett, PT, [email protected]

Greater New York Lori Monson, PT, MS, OCS, [email protected]

Hudson Valley Stacey Rittenberg, PT, [email protected]

Long Island Co- Liaisons: Theresa Schmidt, PT, DPT, MS, OCS, [email protected] Goody, PT, [email protected]

Southern Tier Teresa Hoppenrath, PT, GCS, [email protected]

Western Mark Dirlam, PT, DPT, [email protected]

Michael Mattia, PT, Chair (BSI) [email protected]

Jake McPherson, PT, DPT (W) [email protected]

Lori Monson, PT, MS, OCS (GN) [email protected]

Kathy Birnbaum (HV) [email protected]

Consultants:

Doreen Frank, PT (E)Brian Lucey, Esq. , Lobbyist

ADVISORY PANEL ON LEGISLATION/REGULATION

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ADVISORY PANEL ON LEGISLATION/REGULATION

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I would like to support the activities and causes of the NYPT Political Action Committee by contributing the following:

$1,000 $500.00 $250.00 $100.00 Other $ 5 Star Platinum Gold Bronze

Method of Payment:

Check made payable to NYPT-PAC for $_______________________________

I would like to pay $_____________ once with my credit card

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Credit Card Number: ______/______ / ______ / ______ Expiration Date: ________ Visa Mastercard

Name on card _________________________________________________________

Your first name ________________________ Your last name ___________________Street ________________________________________________________________City ___________________________ State _____________ ZIP ________________

Employer ____________________________________________________________

New York Physical TherapyPolitical Action Committee5 Pa l i sades Dr ive ★ Su i te 330 ★ A lbany , NY 12205 ★ 518 - 459 -4499

2 0 1 1 C O N T R I B U T O R F O R M

Contributions to NYPT-PAC are not tax deductible for income tax purposes. All Contributions are voluntary and amounts , other than those suggested are welcome.★ ★

★ ★ ★ ★

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www.nypta.org March/April, 2012 • Empire State Physical Therapy | 9

By: Kelly Garceau, Assitant Director

Within the Governor’s proposed 2012-2013 budget, there are several major changes being proposed to the Public Health Law (PHL) as it relates to Early Intervention.

The proposal states that the purpose of the bill is to “reform the EI program by implementing a series of initiatives that would enhance the program’s ability to identify and serve infants and toddlers with developmental disabilities and protect vital services while providing almost $100 million in local savings over five years by reducing fiscal and administrative burdens on local governments.”

Highlights of the proposed changes that are of particular concern include:

PHL §2545-a: Would require children with third party insurance to select a provider approved by the Department of Health (DOH) and within the insurer’s network, except in certain circumstances (would apply to children referred to the program on or after January 1, 2013).

PHL §2554: Would require that in order to be selected by parents to evaluate their child’s eligibility for EI services, an evaluator must belong to the provider network of the parent’s HMO or other insurer, if any.

PHL §2550: Would clarify that approved providers may be required to enter into an agreement with DOH regarding evaluations, service coordination and EI services. All approved evaluators and EI providers would be required to maintain contracts with a sufficient number of insurers.

PHL §2551, subdivision 7: Would remove the authority of the State Education Department to approve providers for the EI program who are already approved through the SED to provide services in the Preschool Special Education program.

PHL §2552: Would remove the authorization for municipalities to contract with EI providers. This section would also require service coordinators to provide performance reports to municipalities so that they may make recommendations to switch providers or service coordinators if performance standards are not being achieved.

PHL §2557: Would authorize DOH to contract with a fiscal agent for the payment of claims.

PHL §2559: Would require providers to directly bill third party payers through the use of a fiscal agent retained by DOH. Would also require that the rates paid by insurers be negotiated between the insurer and the provider. If no in-network provider is available, the out-of-network payment will be made at the State established rate.

PHL §4403: Would require third party payers to have an adequate number of network providers qualified to perform EI services. This section would also require that the third party payers make the list of network providers available and update on a quarterly basis.

WHAT CAN WE DO?

The New York Physical Therapy Association issued a Memorandum in Opposition (http://www.nypta.org/associations/12840/files/ei_letter_of_opposition.pdf) that was sent to all legislators on February 2, 2012. You can help defeat this proposal by contacting your State Senators and Assembly members and tell them to oppose these changes. If you don’t know who your Senator or Assembly member is, click on the following link:http://nymap.elections.state.ny.us/nysboe/search.asp

PROPOSED CHANGES TO PUBLIC HEALTH LAW AFFECTING EARLY INTERVENTION

Don't know who your state legislators are? Visit APTA's State Legislative Advocacy Center at http://capwiz.com/amerpta/state/main/?state=NY. You can also visit http://nymap.elections.state.ny.us/nysboe/search.asp

NY State Government Links

• Copies of bills may be obtained from the Assembly: http://www.assembly.state.ny.us/ • Copies of bills may be obtained from the from the Senate: http://www.nysenate.gov/• New York State Home Page: http://www.ny.gov/• New York State Board of Elections: http://www.elections.state.ny.us/• Governor’s Office: http://www.governor.ny.gov/• Department of Education: http://www.nysed.gov/• Department of Health: http://www.health.state.ny.us/• Workers’ Compensation Board: http://www.wcb.state.ny.us/

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Minority Members, Are We the 1% or the 99%? By Clarence Chan, PT, DPT, Chair, Minority Affairs Committee

Since September of 2011, this country and the world learned about the new meaning of the word “Occupy.” It is a protest movement so powerful that very few of us can escape from or go about without hearing about it. Inspired by other regional movements from around the globe, namely the Arab world and Spain earlier in the year, the Occupy Movement began on a brisk autumn day at Zuccotti Park near Wall Street. In a matter of weeks, this movement spread across the United States and elsewhere in the world. Their message could be heard from Amsterdam to Zurich, from Southeast Asia to South America. In a nutshell, all of these movements shared a similar and straightforward vision. They rose against social and economic inequality. The famous slogan “We are the 99%” not only represented the common goal of the movements, it also united all the people with a similar vision. So are you the 99%, or the 1%? Are you the majority or the minority?

According to the IRS report in 2009, the top 1%, the so-called minority, earned an adjusted annual income of at least $343,927. with an average household income of over $1 million. (1)(2) Although it is not entirely impossible for a PT or PTA to reach this level of income, one can imagine how many patients must come through the clinic or how much of the insurance payment has to be collected in order for our colleagues to achieve similar elite financial status. Based on this fact, I venture to say most of us practicing in the profession of physical therapy are the majority, the 99%. If so, perhaps we too should be thinking about the movement as one that represents the PTs and PTAs who are working and living in New York State. The NYPTA has been an on-going movement and the voice of physical therapy. But unlike the Occupy Movement, the NYPTA represents all of us, the majority (99%) as well as the minority (1%).

Why does it matter, one may ask. What has the Occupy Movement got to do with the NYPTA, and more specifically, the minority affairs? Quite a bit I would say! But before I go further, let me start by clarifying two points. It is not my intention here to raise a political or philosophical debate on the relative merit of the Occupy Movement or to compare or contrast the Occupy Movement with the movement of the NYPTA. Rather, I seek to share the lessons I’ve learned from observing this recent social and historical event. Furthermore, I look to underscore how some of these lessons can have strong implications on why physical therapy professionals, the “minority” or “majority,” members or non-members, must stay involved and take part in the movement of their professional association like the NYPTA.

Lesson one, the Occupy Movement reinvigorated the power of the collective voice. It exemplifies the age-old axiom that a common message carried out by a large number of people who are passionate, persistent, and dedicated cannot be ignored. The media, politicians, educators, corporate and community leadership must now pay closer attention to all of their constituents, and their actions and decisions can no longer be completely independent of them.

Lesson two, the Occupy Movement brought people together. Remember how one fateful September morning exactly ten years ago that brought America together, this movement, fortunately much less tragic, has the gravity that is no less resounding. It has created both local and global solidarity that is seldom seen

in other than those created by disasters (natural or man-made) of epic proportion. This is a force to be reckoned with.

Lesson three, the Occupy Movement drew support. Everything from allowing the use of space, delivering meals and heaters, to providing moral and monetary support, represents extraordinary efforts from people and resources that were determined to maintain the sustainability of this movement. Registered as a tax exempt 501(c)(3) organization, the Occupy Wall Street Movement has gathered over $700,000 just in the last quarter of 2011, reports the New York Post on January 8th, 2012.

Perhaps even more extraordinary is the fact that all of these efforts were created and sustained by volunteers. Collectively, it is the people involved that determined the level of success. Unless the members of this movement continue to commit their time and effort, make sacrifices, and exercise his/her free will to work toward a common cause, its meaning or its effectiveness can vanish just as fast as it appeared. Witnessing the widespread effect of the Occupy Movement on multiple levels, socially, economically, and politically, one may be convinced that PTs and PTAs collectively can also be an agent of change if our colleagues with similar visions and goals are willing to work together for a common cause.

For the minority members of the NYPTA, we are not the 1%. We share the same concerns and challenges as the rest of our colleagues. Our goal and vision are the

“It is not my intention here to raise a political or philosophical debate on the relative merit of the Occupy Movement or to compare or contrast the Occupy Movement with the movement of the NYPTA”

continuted on page 12

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same--to move the profession forward to deliver the highest quality of care that our patients/clients deserve and to seek legitimate and equitable compensation that this profession deserves. For example, consider the NYPTA legislative plan for 2012,(3) there are concerted efforts to address abusive practices of managed care companies related to physical therapy services and utilization practices; to urge the Workers’ Compensation Board to examine the appropriateness of the rates of payment annually and to include services provided by the PTAs; to monitor and affect legislation pertaining to the NYS Early Intervention program; to oppose legislation that would negatively impact the scope of practice of the profession locally and nationally, such as the therapy cap, corporate practices, and referral-for-profit practices. These agenda items are the collective voices that speak for any clinicians practicing in physical therapy. Like the Occupy Movement, we need to gather strength in numbers in order to make our collective voice heard. We need to bring our colleagues together, regardless of gender, race, practice preference, or practice setting. NYPTA must be a force to be reckoned with. Furthermore, we need to support this movement by making our voices heard through donations. Spending the time to influence legislators and funding the Political Action Committee are ways to ensure the sustainability of the NYPTA movement. Lastly, be a volunteer to represent your profession, your district, and yourself. Be part of the majority by being part of the leadership of the NYPTA movement. These are the lessons that I’ve come to appreciate long before the movement began on the brisk autumn day in September of 2011. But the Occupy Movement reaffirmed their significance.

There are those who argue the Occupy Movement isn’t perfect; it’s neither coherent nor effective. Similar criticism can also be heard from some of our colleagues expressing their view about the NYPTA. However, as Sarah Van Gelder, the editor of the book This Changes Everything: Occupy Wall Street and the

99% Movement, wrote: “Like all human endeavors, Occupy Wall Street and its thousands of variations and spin-offs will be imperfect. There have already been setbacks and divisions, hardships and injury. But as our world faces extraordinary challenges—from climate change to soaring inequality—our best hope is the ordinary people, gathered in imperfect democracies, who are finding ways to fix a broken world.”(4) Likewise, our profession, and the NYPTA, had setbacks and divisions, hardships and injury, and our colleagues also faced extraordinary challenges. So it is clear that none of the effects of these lessons will hold true or can lead to any success unless its members remain committed and passionate about the movement. The ultimate lesson I learned from witnessing the Occupy Movement is that no one is a minority if we all work together to achieve a common goal. PTs and PTAs, minority or otherwise, must work toward continual

improvement of our profession through the NYPTA movement. Together, we are the 100%. Notes:

1. http://money.cnn.com/2011/10/20/news/economy/occupy_wall_street_income/index.htm

2.http://www.economist.com/node/21543178

3. March/April, 2012, Empire State, page 4

4. Van Gelder, S., Korten, D., Piersanti, S., Ten Ways the Occupy Movement Changed Everything, Nov 11, 2011, Yes! Magazine. http://www.yesmagazine.org/people-power/ten-ways-the-occupy-movement-changes-everything

Minority Members, Are We the 1% or the 99%? continued from page 11

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Some of the exceptional speakers lined up for the 2012 NYPTA Conference are:

Shirley Sahrmann and Paul Hodges - 2-day lecture and demonstration - Managing Low Back ConditionsLynn Logan – Spasticity LifespanKaren Kemmis – Osteoporosis Jim Dunleavy – ICU mobilizationShree Pandya – Exercise progression with LMNPLUS Research Programming

Don’t miss out on earning up to 13 credits with this outstanding venue!

Watch for the registration form in the May/June issue of Empire State, your mail, or at the NYPTA website: www.nypta.org

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Research Committee Vacancy

The Research Committee is currently seeking a committee member to join the Research Committee starting July 1st. The primary responsibilities of the Research Committee are to review abstracts for the Chapter Conference, conduct a program for platform and poster presentations at the Chapter Conference, review and recommend annual funding for the Arthur J. Nelson Designated Fund, and to serve as consultants to chapter members for research activities. Responsibilities may also include other special projects related to objectives established by the committee. Although members of the committee are often physical therapists who have earned advanced research degrees, membership is open to clinical experts who can provide input and clinical perspective when reviewing abstracts, grant applications, and when assessing the needs of the membership with regard to research mentorship. Term of appointments are 3 years.

If you are interested in being considered, please forward your resume or curriculum vitae electronically to Bibiana Braun ([email protected]). Further, feel free to contact a member of the committee (listed below) if you have any questions about what the Research Committee membership entails.

Sara Gombatto, PT, PhD (Co-Chair) [email protected]

Hilary Greenberger, PT, PhD, OCS (Co-chair) [email protected]

Joanne Katz, PT, DPT, PhD [email protected]

Christopher Neville, PT, PhD [email protected]

YOU’VE BEEN REPRESENTED

Eastern District sponsored a booth at the Capital District Senior Expo in Albany (10/14/11). Physical Therapy students (37) from Sage College assisted Eastern District PT volunteers in providing fitness screening and education to over 100 seniors. In addition, the district sponsored a booth at the Shaker High School Career Fair. Colleen Schmitt spoke with over 150 students and provided information on the PT profession(11/23/11).

The Western District held an event in December to benefit the Buffalo City Mission and provided six large bags full of clean, packaged undergarments to the mission.

The Public Relations Committee Sponsored a World P.T. Day Walk Challenge. The $250 prize was awarded to Senator Joseph Griffo’s charity choice for participation in the event; the money was sent to the Hospice and Palliative Care, Inc. in New Hartford, NY.

NYPTA was awarded $3000 based on a proposal developed by the Public Relations Committee. This proposal is a plan to run ads in several movie theaters in various locations throughout the state. The committee is currently working on further development and planning for this ad campaign.

NYPTA was represented at two coalition meetings with the NYS School Board Association, the NY Occupational Therapy Association and the NY Speech-Language-Hearing Association by Kelly Garceau, Assistant Director. The focus of the meetings were to strategize how and when to address common legislative issues and to brainstorm about recent changes to Medicaid rules and requirements in New York State schools.

NYPTA Payment Specialists met with provider representatives of the Capital District Physicians Health Plan, an insurance company based in Upstate NY. The purpose of the meeting was to voice concern about recent changes in high deductable plans where the patient is being told by their employer not to pay their deductibles at time of service. Currently awaiting responses to several questions posed at the meeting.

The NYPTA Lobbyist and the Assistant Director met with the Executive Director of the Workers’ Compensation Board to discuss several issues; i.e., fee schedule for physical medicine, the variance issue tied to the medical treatment guidelines and insurance carriers rounding down payments on claims.

NYPTA Board Meeting

The next NYPTA Board of Directors’ meeting will be held on May 3-4, 2012, Hilton Garden Inn in Troy, NY. Board meetings are open to all members, who may attend any part or the entire meeting. Contact Kelly Garceau, 800-459-4489, at least one month in advance if you plan to at-tend due to possible space limitations.

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President

Matthew Hyland, PT, PhD, MPA, CSCS

Describe your various roles within the profession of physical therapy and how you know you are doing the best job possible in each of these roles?

I have had a variety of roles within our profession – clinician, practice owner, educator, leader – and for each, I know I am doing the best job possible when I see the results of my dedication and commitment to each role.

I know I’m doing my best as a clinician when I see my patients meet their goals. As a practice owner, I know when I see that I am providing a professionally stimulating and nurturing work environment. When I teach, I know from the excitement in the students’ faces and their thought provoking questions. As a leader in our association, I know I am doing the best possible job I can with every mile I put on my car traversing the state to meet with the NYPTA membership, leadership and staff to move our profession forward. I am proud of the practice I have created with my partner, the students I have taught and mentored and the direction of our Chapter.

I am more energized than ever about helping lead physical therapy into the future. The pillars in our Vision Sentence and Vision 2020 are: Autonomous Practice, Direct Access, Doctors of Physical Therapy, Lifelong Education, Evidence Based Practice, Practitioner of Choice, and Professionalism. I am committed to these pillars and worked hard to personally meet them and also to advocate for them. Thank you for the opportunity to take part in shaping our profession as we look well beyond 2020. “Doing your best means never stop trying” Abraham Lincoln.

Vice President

Jennifer Collins, PT, EdD, MPA

Describe your various roles within the profession of physical therapy and how you know you are doing the best job possible in each of these roles?

When I first read the request for the candidate’s statement, the phrase “…and how you know you are doing the best job possible in each of these roles..” made me think to myself simply, “I don’t know!”. Thankfully, I didn’t answer immediately, put the request under a stack of other “to-dos” and decided to come back to it another day.

Two weeks later, the first part of the question is easy. My various roles within the profession of physical therapy are: current Vice President of NYPTA, therefore a member of the Executive Committee and Board of Directors. I am also Co-Chair of the Academic Administrators Special Interest Group, physical therapist educator/researcher, Program Director, and Trainer for APTA Clinical Instructor Education and Credentialing Program. Finally, and perhaps most important, I have been the consumer of PT services as my parents struggled with aging-related problems.

However, can anyone assuredly say she is doing the best possible job in all of these roles? I certainly strive to do the best. What I can say after further contemplating my response, is that I am skilled at prioritizing the needs arising from all of these various roles. By being diligent about prioritizing, organizing my time around those priorities, and being proactive rather than reactive, I do the best possible job of fulfilling the expectations for the situation that requires attention the most at any given time. If granted the honor of being re-elected as Vice President of NYPTA, I will continue to address the priority needs for these roles in a proactive and organized manner.

Speaker

Christine A. McNamara, PT, DPT

What opportunities are there within the office of the speaker to encourage districts to increase delegate participation and how might you as the speaker accomplish this?

A primary role of the Speaker is to preside over meetings of the assembly, but I believe the primary function of the Speaker has more to do with the dissemination of information to the members and the facilitation of discussion and debate of that information. In addressing the issue of increasing delegate participation in the Delegate Assembly, I see the pertinent issues as time, relevance, and value. The member who will participate in District and Delegate Assembly activities is one who will take the time, recognize the relevance, and understand the value of his or her participation. The office of Speaker has opportunities to contribute to each of these aspects. As a NY Chapter Delegate to the House of Delegates for many years, I have seen a significant change in the management of information via the use of technology. In fact, I see the effective use of technology as a primary reason for the successful shift to a year round governance structure. I believe Districts could employ a similar strategy with regard to the work of the Delegate Assembly and as Speaker I would support and work for the effective use of technology to disseminate information in a timely and efficient manner. I envision not only opportunities for real time discussion of issues, but also for the need for fewer face to face meetings and more effective use of time when meeting in person is necessary. A greater use of technology- of all types – would not only make efficient use of the delegate‘s time, it would also be a means of consistent member engagement.

Nominating Committee

2011 Slate of Candidates

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Mark Your CalendarEvents scheduled for

Hilton Garden Inn, Troy, New York

*********Board of Directors Meeting

Thursday & Friday, May 3 -4, 2012

Leader Development Workshop Friday, May 4, 2012

Delegate Forum Friday, May 4, 2012

Meet the Candidates Reception Friday, May 4, 2012

Delegate Assembly Saturday, May 5, 20128:00 a.m. - 5:00 p.m.

There are no candidates for Nominating Committee member. If candidates are planning to be nominated from the floor, please be sure to have at least 10 copies of your biography to distribute to the delegates. There will be no availability for this to be done on-site.

The Delegate Assembly is the authoritative body that has the power to amend Bylaws and determine policies of NYPTA. Delegates are chosen on the District level.

SUBMITTAL DEADLINES:(First 3 items to Chapter Office.)

March 24:

District Annual ReportsMain MotionsDistrict Delegate Registration List

April 9:Hotel room reservations (Delegates to call the Hilton Garden Inn directly)

Please submit all materials to the Chapter Office. Deadlines are critical to the process of allowing the Judicial/Reference Committee time to review motions and prepare the Delegate Assembly Handbook.

Delegate AssemblySaturday, May 5, 2012

Hilton Garden Inn, Troy, New York

List of Nominees to the 2012 APTA House of Delegates

June 24 - 26, 2012Salt Lake City, Utah

The following names are the nominees for the position of delegate for the 2012 House of Delegates. Other nominations will be accepted from the floor of the NYPTA’s Delegate Assembly scheduled for Saturday, May 5, 2012, Hilton Garden Inn, Troy, NY. If delegates are planning to be nominated from the floor, please be prepared to have 10 copies of their biographical information to distribute to each of the delegations.

Kathleen Birnbaum - Hudson ValleyJennifer Collins - Finger LakesJeremy Crow - Greater New YorkMelanie A Gillar - Greater New YorkRebecca Kalb - Greater New YorkPeggy J Lynam - Greater New YorkChristine A McNamara - Southern TierJacob I McPherson - WesternSusan D Miller - CentralMarilyn Moffat - Greater New YorkGabe Yankowitz - CentralJennifer Zaleskie - Hudson Valley

NYPTA Board of Directors’ Meeting January 27 & 28, 2012

Troy, NY

By Jeremy B. Crow, PT, DPT, SCS, CSCS, Secretary

On January 27 and 28, 2012 the NYPTA Board of Directors (BOD) met in Troy, New York debuting a new format for the winter Board Meeting. This new format included only the Executive Committee, the Chapter Directors, student interns participating in the Directors' Intern Program, and a few guests. In past winter BOD meetings, committee chairs were also funded. The new format was an effective use of time while accomplishing all the items on the agenda and saved the association money.

The NYPTA Board of Directors also approved twelve motions total. The minutes include the specifics of all twelve motions and can be found at www.nypta.org. A few of the highlights are provided here. The BOD approved a few Chapter policy and procedural changes, disbanded the

continued on page 20

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New York State Education DepartmentRules of the Board of RegentsPart 29, Unprofessional Conduct

§ 29.1 General provisions.

b. Unprofessional conduct in the practice of any profession licensed, certified or registered pursuant to title VIII of the Education Law, except for cases involving those professions licensed, certified or registered pursuant to the provisions of Article 131 or 131-B of such law in which a statement of charges of professional misconduct was not served on or before July 26, 1991, the effective date of Chapter 606 of the Laws of 1991, shall include:

10. “delegating professional responsibilities to a person when the licensee delegating such responsibilities knows or has reason to know that such person is not qualified, by training, by experience or by licensure, to perform them;”

Vision 2020 was adopted by the House of Delegates in 2000 and is the APTA’s official statement regarding the future of the practice of Physical Therapy. In the vision statement is the proposition that physical therapists will hold all privileges of autonomous practice. This implies that physical therapists shall have the ability to independently make decisions and exercise professional judgment within their scope of practice. It is the professional responsibility of the physical therapist to fully understand the laws that govern their profession to avoid scenarios that may be deemed as unethical and constitute professional misconduct.

The supervision of support personnel by the physical therapist has been a topic of much debate in recent years. Rising health care costs, increased volume of patients seeking care, and advanced training of physical therapists emerging from Doctor of Physical

Therapy programs have all been implicated as justification for the modification of the current PT practice act. According to Education Law: Article 136, the practice act governing PTs and PTAs in NYS, § 6732. “Only a person licensed or otherwise authorized under this article shall practice physical therapy or use the title “physical therapist”, “physiotherapist” or “mechanotherapist” or the abbreviation of “PT” in connection with his or her name or with any trade name in the conduct of his profession. According to § 6738 regarding the definition of physical therapist assistant, A “physical therapist assistant” means a person certified in accordance with this article who works under the supervision of a licensed physical therapist performing such patient related activities as are assigned by the supervising physical therapist.”

By: Andrew Opett PT, MS, OCS, Member, Ethics Committee

Ethical and legal considerations regarding the utilization of support personnel in PT practice.

continued on page 22

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FOR SALE Well established PT practice in Central NYThis well managed fully equipped practice located in a modern facility in a prime location is known for its results oriented approach, dedication to patients, successful treatment outcomes and supportive atmosphere. The practice has a large referral base and enjoys a great reputation, respected by patients and fellow medical practitioners alike. This is a great opportunity for one or more PT's to own and run their own practice with a full schedule of patients immediately. The owner is willing to stay for a period of time to insure a smooth and successful transition. Possible owner financing with a reasonable down payment. Serious inquiries only may be directed to : James A Rishel, CPA @ 40 Chenango Ave., Clinton, NY 13323. or [email protected]

original Research Task Force, and charged the Executive Committee to appoint members to a Research Action Task Force to carry out the desires of the Board of Directors as voiced in its October 2011 motion.

The BOD approved to establish a Strategic Plan Measurement Task Force to review the Chapter Strategic Plan and provide recommendations to make the Strategic Plan more measureable. The Task Force might provide guidelines for districts and/or committees to develop and choose a measurement to collect and demonstrate the achievement of specific objectives or goals in the Strategic Plan. The TF might also recommend strategies to assist districts and committees in implementing measurements into their activities and actions throughout the year.

NYPTA BOD meetings are typically filled with many actions impacting the practice of the profession of physical therapy in New York. If you need further details on any of these actions or those listed in the minutes, please do not hesitate to contact an NYPTA officer or your district leadership to obtain more information or to have your voice heard. We always welcome your input.

NYPTA Board of Directors’ Meeting

continued from page 17

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PHYSICAL THERAPIST RESPONSIBILITY AND ACCOUNTABILITY FOR THE DELIVERY OF CARE

Whereas, The American Physical Therapy Association (APTA) Vision Statement for Physical Therapy 2020 (Vision 2020) recognizes physical therapists as practitioners characterized by independent, self- determined professional judgment and action; and recognizes that physical therapists have the capability, ability, and responsibility to exercise professional judgment within their scope of practice and to professionally act on that judgment;

Whereas, Current APTA positions, standards, guidelines, policies, and procedures specify the use of specific personnel rather than recognizing the responsibility and accountability that accompany the independent judgment of contemporary physical therapist practice, which is characterized by the autonomous professional;

Whereas, To best meet the needs of patients/ clients, it is necessary for physical therapists to maximize the ability to respond to the changes resulting from passage of the Patient Protection and Affordable Care Act, including emerging models of care delivery and expanding numbers of insured consumers seeking care, thereby providing opportunities for physical therapist leadership;

Whereas, APTA Standards of Practice for Physical Therapy state that the physical therapist is responsible for the direction of physical therapy service, complies with all legal requirements of jurisdictions regulating the practice of physical therapy, involves appropriate others in the planning, implementation and assessment of the plan of care, and provides or directs and supervises the physical therapy intervention;

Resolved, that the American Physical Therapy Association recognizes physical therapists’ abilities to utilize appropriate support personnel, including selected aspects of physical therapy intervention. Proviso: This position will become effective July 1, 2012.

Similar to the process established for the Governance Review, a task force was assembled to carefully evaluate the potential impact of the motion on the Association and the practice of physical therapy. This task force made an oral presentation to the Board prior to CSM and will also be providing its full written report to the Board in April. I am

confident that based upon the recommendations of the task force the Board will bring additional motions to the 2012 HOD in June. New York, as the second largest Chapter with 27 Delegates, will undoubtedly play a significant role at this year’s HOD -- and the outcome of any motion(s). Meanwhile at the Chapter level we are also undergoing a Governance review process. In the Spring of 2010, the Chapter’s Board of Directors (BOD) passed a motion to undertake an extensive review of our own governance process. An original task force was assembled and chaired by Gabe Yankowitz to look at “how” governance review at the chapter level should occur and “what” should be reviewed. A report was made to the BOD and a second task force assembled to carry out the process. The task force was charged to review four main components: 1) the Board of Directors; 2) the Delegate Assembly; 3) Districts; and 4) Committees.

The task force broke into three subgroups and have made interim reports to the BOD. Our Communications Director will be adding a “Governance Review” link to our website so that members can follow the work of the task force. At this time the tentative timeline anticipates that a final written report to the BOD will be ready for the winter 2013 meeting, with potential motions coming forth for the Delegate Assembly in 2013. Since the NY Delegate Assembly occurs prior to the 2013 HOD, the potential exists that some motions may not be voted on until 2014 in order to avoid any conflict with APTA.

Serving in a volunteer organization, whether in an elected or volunteer position, is rewarding, stimulating, and impactful. It also often requires making very difficult decisions, which affect members and non-members alike. While it is usually easy to see the outcomes of these efforts, the effort and the process themselves often go unnoticed. Therefore, I would like to thank the incredible efforts of my fellow officers, the Board of Directors, those serving on committees and task forces as well as those serving on the District level and the Chapter Staff for all of their hard work and dedication to keep us moving forward. It has never gone unnoticed in my eyes.

In the words of Vince Lombardi, “Individual commitment to a group effort, that is what makes a team work, a company work, a society work, a civilization work.”

In good health,

Matthew Hyland, PT, PhD, MPA, CSCSPresident, New York Physical Therapy Association

President’s LetterFuture Changes to Goverenancecontinued from page 2

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Unique and complex situations often arise in clinical practice that require clarification regarding the proper utilization of support personnel. The term “physical therapy aide” is not recognized by the New York State Education department and is therefore considered to be non-licensed personnel who cannot perform activities within the scope of physical therapy practice. The physical therapy aide is permitted to perform non-treatment related support for physical therapy practice including filing, cleaning, office work, or assisting the physical therapist with preparation for treatment. Athletic trainers are also considered non-licensed personnel and are not permitted to perform physical therapy services regardless of the level of supervision, complexity of the patient, or experience level of the ATC.

It is important for physical therapists to be aware of Part 29 of the Rules of the Board of Regents. The document states that “delegating professional responsibilities to a person when the licensee delegating such responsibilities knows of or has reason to know that such person is not qualified, by training, by experience or by licensure, to perform them” can be considered professional misconduct. Penalties for an individual found guilty of unauthorized practice of Physical Therapy can be found guilty of a class E felony. PTs and PTAs who have knowledge of this type of violation should contact the Office of Professions complaint hot line.Physical therapists have a professional responsibility to understand the laws that govern their practice in order to perform in an ethical manner and within the scope of their profession. The following case examples provide clarification regarding common clinical scenarios related to the supervision of support personnel.

Case 1. A physical therapist assistant working in a home care setting performs a patient visit independently without the presence of the supervising physical therapist. An initial evaluation was performed and a plan of care was established by the supervising physical therapist. The physical therapist assistant has 3 years of clinical experience. According to Education Law: Article 136, the practice act governing PTs and PTAs in NYS., a PTA can conduct a home visit independent of the supervising physical therapist provided that: the PTA has a minimum of 2 years clinical experience, the supervising PT has conducted an evaluation in the presence of the PTA and established a plan of care,

treatment does not exceed 6 visits or 30 days without the presence of the supervising therapist, the ratio of PTA to supervising PT does not exceed 2:1, and a final visit by the supervising PT is conducted to determine if continued services are necessary.

Case 2. A senior PT student has just finished an 8-week clinical affiliation at an outpatient rehabilitation facility. The student is asked if they would like to continue working in the facility until her final semester starts in 3 weeks to gain additional experience. In this scenario, the student PT would be considered non-licensed personnel outside of a clinical affiliation. Although this is a senior PT student with experience at this facility, he/she would not be permitted to perform services within the scope of the practice of physical therapy. Upon graduation from a program in Physical Therapy, if the student has applied and paid a fee for the licensing and examination, and applied and paid a fee for the temporary permit, then the student would be permitted to work within the scope of physical therapy practice under the supervision of a licensed physical therapist.

Case 3. An aide is working in a long-term care facility and has been delegated by a physical therapist to perform range of motion and strengthening exercises to a resident. The aide works one-on-one with the resident but in direct supervision of the physical therapist. According to the State Board for Physical Therapy, in long-term care facilities, non-licensed personnel can perform certain patient-related activities including range-of-motion and strengthening exercises in residences without related pathology for the purposes of maintenance. The State Board also reports that the non-licensed individual providing such care must have received certification as Nurse Aide (CNA) as well as additional specific training under the direction of a physical therapist. It is important to note here that in all other settings, an aide is only permitted to provide non-treatment related support services for physical therapy.

Case 4. An athletic trainer is employed by an outpatient physical therapy facility and works under the direct line of sight supervision of a physical therapist. The ATC provides services such as the application of

Ethical and legal considerations regarding the utilization of support personnel in PT practicecontinued from page 19

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hot and cold packs and taking patients with established exercise plans through their routine as prescribed by the physical therapist provided that no modifications of the treatment plan need to be made. In this scenario an ATC would be considered unlicensed personnel and therefore is not permitted to perform and bill for physical therapy treatment. The level of supervision by the physical therapist is not relevant in this case.

Further information regarding this subject can be obtained from the Office of Professions at www.nysed.gov and the New York State Physical Therapy Association at www.nypta.org . Specific excerpts on this topic from the Executive Secretary of the State Board for Physical Therapy can be found at the following web address:http://www.nypta.org/displaycommon.cfm?an=1&subarticlenbr=120

1. Define the ethical principles that form the foundation of physical therapist practice in patient/client management, consultation, education, research, and administration.

2. Provide standards of behavior and performance that form the basis of professional accountability to the public.

3. Provide guidance for physical therapists facing ethical challenges, regardless of their professional roles and responsibilities.

4. Educate physical therapists, students, other health care professionals, regulators, and the public regarding the core values, ethical principles, and standards that guide the professional conduct of the physical therapist.

5. Establish the standards by which the American Physical Therapy Association can determine if a physical therapist has engaged in unethical conduct.

No code of ethics is exhaustive nor can it address every situation. Physical therapists are encouraged to seek additional advice or consultation in instances where the guidance of the Code of Ethics may not be definitive.

This Code of Ethics is built upon the five roles of the physical therapist (management of patients/clients, consultation, education, research,and administration), the core values of the profession, and the multiple realms of ethical action (individual, organizational, and societal).

Code of Ethics for the Physical TherapistHOD S06-09-07-12 [Amended HOD S06-00-12-23; HOD 06-91-05-05;HOD 06-87-11-17; HOD 06-81-06-18; HOD 06-78-06-08; HOD 06-78-06-07; HOD 06-77-18-30; HOD 06-77-17-27; nitial HOD 06-73-13-24] [Standard]

Preamble

The Code of Ethics for the Physical Therapist (Code of Ethics) delineates the ethical obligations of all physical therapists as determined bythe House of Delegates of the American Physical Therapy Association (APTA). The purposes of this Code of Ethics are to:

Physical therapist practice is guided by a set of seven core values: accountability, altruism, compassion/caring, excellence, integrity, professional duty, and social responsibility. Throughout the document the primary core values that support specif ic principles are indicated in parentheses. Unless a specif ic role is indicated in the principle, the duties and obligations being delineated pertain to the five roles of the physical therapist. Fundamental to the Code of Ethics is the special obligation of physical therapists to empower, educate, and enable those with impairments, activity limitations, participation restrictions, and disabilities to facilitate greater independence, health, wellness, and enhanced quality of life.

To report instances of unprofessional conduct, contact the Office of Professional Discipline at 1-800-442-8106 or [email protected].

Thank you. Jeremy Bittel, PT, DPT Ethics Committee Chair

Ethical and legal considerations regarding the utilization of support personnel in PT practice

continued from page 22

Page 24: March/April, 2012 Empire State€¦ · The Official Newsletter of the New York Physical Therapy Association, Inc. Volume XLVIl, NO. 2 March/April, ... we need to embrace it, shape

PRSRT STDU.S. POSTAGE

PAIDAlbany, NY

Permit No. 370

DATED MATERIAL

New York Physical Therapy AssociationA Chapter of the American Physical Therapy Association5 Palisades Drive, Suite 330Albany, NY 12205-1470