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The monthly News Brief provides important updates and timely information to FSBPT members and stakeholders.

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31

October 2019
Volume 21, Number 10

Federation of State Boards of Physical Therapy

In this News Brief:

2019 Election Results

At the Delegate Assembly this month, the following individuals were elected to serve. We congratulate these members and are grateful for their willingness to serve in these leadership roles! 

President
Nancy Kirsch

Vice President
David Relling

Nominating Committee Member
Debbie Kubota

Chair, Council of Board Administrators
Bruce Wessman

Express Your Interest in Running for Office in 2020

At the 2020 Delegate Assembly in Orange County, California, elections will be held for the following positions on the Board of Directors and the Nominating Committee.

DIRECTOR POSITION #1 (three-year term):
Must be a current administrative staff member of a Member Board.

DIRECTOR POSITION #2 (three-year term):
Must be a member of a Member Board, administrator of a Member Board, or an Associate Member* at the time of election.

NOMINATING COMMITTEE MEMBER (three-year term):
Must be member of a Member Board, administrator of a Member Board, an Associate Member*, or an individual with expertise to facilitate the task of the committee. 

Are you interested in running for a position? View the job descriptions and email communications@fsbpt.org before December 31, 2019. (Please include the position(s) for which you are interested.) You’ll hear about next steps in early 2020. 

*An Associate Member is a former member or administrator of a Member Board, a former member of the Board of Directors, a former committee or task force member, or a member of the Academy of Advanced Item Writers.

PT Compact Elections

At the PT Compact Commission Meeting this month, the following individuals were elected to serve. We congratulate these members and are grateful for their willingness to serve in these leadership roles! 

  • Kathy Arney (NC) – Chair
  • Harvey Aikman (TX) – Vice Chair
  • Charlotte Martin (LA) – Member-At-Large
  • Joseph Shanley (NH) – Member-At-Large
  • Judd Warren (SC) – Member-At-Large

FSBPT Renews Partnership with Prometric

FSBPT and Prometric renewed a five-year contract for the computer-based delivery of the National Physical Therapy Examination (NPTE). These new Prometric scheduling fees will be in effect starting January 1, 2020.

  • NPTE PT: $100.30
  • NPTE PTA: $82.60
  • Law Exams: $29.50

Approximately 30,000 NPTEs are delivered in computer-based format over four testing windows per year.

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Digital Wall Licenses

The Ohio Occupational Therapy, Physical Therapy, and Athletic Trainers Board released a new feature recently. License holders can now log into the Ohio system and bring up a copy of their wall licenses. The board also made a change to Ohio Administrative Code 4755-23-05 – Certificate of license; display—now a license holder can display their wall certificate on an electronic device.

Missy Anthony, the executive director of the board, said that this change addresses the concerns of practitioners who have no office or are at multiple sites. "Recognizing that the main function of a wall certificate is consumer transparency, and this feature enables it to be shown at any time as an enhancement to the license lookup on the web, we decided it would be a good route to go." She added that this change has been well received.

Guidance on FBI Criminal Background Check Language

If your jurisdiction is interested in adding a criminal background check (CBC) requirement for licensure, recent guidance from the Federal Bureau of Investigation (FBI) will improve the probability that the statutory language will be acceptable and lead to implementation.   

The FBI has advised that in order to be considered for FBI CBC approval the state code must comply with the requirements of Federal statute P.L. 92-544, which consists of the following criteria:

  1. The statute must exist as a result of a legislative enactment;
  2. It must require the fingerprinting of applicants who are to be subjected to a national criminal history background check;
  3. It must expressly or by implication authorize the use of FBI records for the screening of applicants;
  4. It must identify the specific category of applicants/licensees falling within its purview, thereby avoiding overbreadth;
  5. It must not be against public policy; and
  6. It must not authorize receipt of the CHRI by a private entity

Suggested Amendments to Existing State Code

  1. Amend the board authority section to explicitly state that the board can ask for fingerprints and receive national criminal history checks (FBI CBC) for use in their decision making regarding licensure, that fingerprints be initially submitted to the state identification bureau, and that the CBC information cannot be shared with any other entities or across state lines.
  2. Amend the licensure requirements for both physical therapists and physical therapist assistants stating a CBC is required for licensure.

Communicate with State ID Bureaus
The FBI also recommends that jurisdictions should consult their state ID bureaus regarding any proposed language prior to introducing a bill in order to meet the requirements of P.L. 92-544. A list of ID bureaus is available here. It is strongly recommended that any changes be drafted in accordance with the state code and reviewed by the appropriate official in the state ID bureau; the FBI CBC is a legislative change that cannot be accomplished through rule promulgation. All changes and amendments to state code should be written and reviewed by qualified experts in the jurisdiction.

For those jurisdictions interested in becoming members of the Physical Therapy Compact that do not currently require FBI CBC, the jurisdiction will need to introduce the recommended language above to amend existing state code to clearly state the requirement of an FBI criminal background check for all initial licensees in addition to the PT Compact legislative language. Please contact professional standards with any questions or to review draft legislation. Contact T.J. Cantwell, Compact Administrator, with any questions specific to the PT Compact.  

Educators' Satisfaction Survey

FSBPT strives to provide the most effective and useful tools for educators. If you are an educator, we are interested in your opinion on the services and products that we offer to you.

Please take a moment to complete the survey. Your input is extremely valuable and it helps to ensure that we are providing the best tools for now and into the future.

Digital Practice White Paper and Survey

The World Confederation for Physical Therapy (WCPT) and the International Network of Physiotherapy Regulatory Authorities (INPTRA) established a joint Digital Physical Therapy Practice Task Force to develop a white paper addressing physical therapy practice and regulation in the digital age. This white paper is an initial look at international digital practice and proposes a definition and purpose for digital physical therapy practice while exploring benefits, current limitations, regulatory concerns, guidelines, and considerations for educational programs.

A survey was created in the hopes of obtaining your feedback on the white paper. The WCPT and INPTRA boards of directors and the task force members want to ensure this report is a global representation of digital physical therapy practice. Therefore, we need your help! We encourage you to take a moment to read the white paper and respond to the survey with as much detail as possible. This is a short survey that will only take a few minutes to complete. If you have any questions please email us at info@INPTRA.org.

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FSBPT Forum: Obtaining and Evaluating an Applicant Criminal History

There are many considerations for boards that acquire and process criminal history records. This article is based on a presentation by Fred Olmstead, General Counsel, Nevada State Board of Nursing, at the 2018 FSBPT Annual Meeting.

Spotlight on Member Resources: NPTE Pass Rate Reports

FSBPT posts pass rate information for the National Physical Therapy Examination (NPTE®). The posted pass rates show the overall performance of NPTE candidates in three broad categories:

In the News

"The Current and Future State of AI and Machine Learning," 451 Research, Nick Patience and Jeremy Korn, 2019

"AI and machine learning are the next set of transformative technologies in enterprise IT, and 451 Research survey data offers insight into the strategies of early adopters, including use case metrics in four critical verticals. A burgeoning market of vendors has emerged to support enterprise adoption, as issues around the infrastructure for machine learning workloads and the explainability of AI systems are becoming more prevalent."

"California invalidates 1,400 pharmacist license test scores," Associated Press, October 18, 2019

"California authorities have invalidated test scores of 1,400 pharmacists because more than 100 questions from the state licensing exam were leaked online."

"Doctors turn to thumbs for diagnosis and treatment by text," Associated Press, Tom Murphy, October 8, 2019

"...CirrusMD..can connect patients with a doctor in less than a minute. But such fast service comes with a catch: The patient probably won’t see or talk to the doctor, because most communication takes place via secure messaging.

'We live in a consumer-driven world, and I think that consumers are becoming accustomed to being able to access all types of service with their thumbs,' CirrusMD co-founder Dr. Blake McKinney said."

"Restrictions On H-1B Visas Found To Push Jobs Out Of The U.S.," Forbes, Stuart Anderson, October 2, 2019

"Important new research concludes immigration restrictions that prevent companies from hiring high-skilled foreign nationals in the U.S. represent bad economic policy and are counterproductive. The first-of-its-kind study examining company-level responses to government immigration rules found H-1B visa restrictions carry the unintended consequence of pushing jobs outside the United States and lead to less innovation in America."

"Artificial Intelligence in Medicine: Applications, implications, and limitations," Harvard University, Daniel Greenfield, June 19, 2019

"The future of ‘standard’ medical practice might be here sooner than anticipated, where a patient could see a computer before seeing a doctor. Through advances in artificial intelligence (AI), it appears possible for the days of misdiagnosis and treating disease symptoms rather than their root cause to move behind us."

"Suspicious insulin injections, nearly a dozen deaths: Inside an unfolding investigation at a VA hospital in West Virginia," The Washington Post, Lisa Rein, October 5, 2019

"Investigators have identified similarities in nearly a dozen deaths: Elderly patients in private rooms were injected in their abdomen and limbs with insulin the hospital had not ordered — some with multiple shots, according to people familiar with the case. The insulin, which was quickly absorbed, was given late at night when the hospital staff had emptied out. Within hours, the veterans’ blood-sugar levels plummeted."

"Occupational Licensing And The Limits Of Public Choice Theory," Administrative Law Review Accord, Ryan Nunn and Gabriel Scheffler, April 18, 2019

"Public choice theory has long been the dominant lens through which economists and other scholars have viewed occupational licensing. According to the public choice account, practitioners favor licensing because they want to reduce competition and drive up their own wages. This essay argues that the public choice account has been overstated, and that it ironically has served to distract from some of the most important harms of licensing, as well as from potential solutions. We emphasize three specific drawbacks of this account. First, it is more dismissive of legitimate threats to public health and safety than the research warrants. Second, it places disproportionate emphasis on those professions for which the justification for licensing seems weakest, rather than on those for which the justification is stronger. Third, it puts an inordinate focus on whether an occupation is licensed, rather than how it is licensed. Judges and policymakers should bear these limitations in mind when evaluating legal challenges or proposed reforms to licensing laws."

"Florida and Georgia Health Care Fraud Law Enforcement Action Results in Charges against 67 Individuals," The US Department of Justice, September 25, 2019

"The Justice Department announced today a significant health care fraud enforcement operation across Florida and Georgia, involving charges against a total of 67 individuals across four federal districts for their alleged involvement in various schemes to defraud Medicare and Medicaid. The conduct allegedly resulted in more than $160 million in fraudulent billings. Those charged included physicians as well as other medical and business professionals. In addition, in the state of Florida, 16 defendants, including one licensed mental health professionals, have been charged with defrauding the Medicaid program out of over $1.2 million. Florida’s Medicaid Fraud Control Unit (MFCU) investigated these cases."

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Board Liaisons to Jurisdictions

Members of the Board of Directors serve as liaisons to multiple jurisdictions. Current liaison relationships are listed here for your reference.

Tom Caldwell
Arkansas, Illinois, Indiana, Missouri, New Mexico, Ohio, Oklahoma, Texas

Ruggie Canizares
Colorado, Kansas, Montana, Nebraska, Nevada, Utah

Ellen Donald
Alabama, Florida, Georgia, Louisiana, Mississippi, North Carolina, Tennessee, South Carolina

Joni Kalis
Alaska, Arizona, California, Hawaii, Idaho, Oregon, Washington, Wyoming

Nancy Kirsch
Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, Vermont

Adrienne Price
Delaware, District of Columbia, Kentucky, Maryland, Pennsylvania, Virginia, West Virginia

David Relling
Iowa, Michigan, Minnesota, North Dakota, South Dakota, Wisconsin, Puerto Rico, Virgin Islands

John Young
The public member of the board does not serve as a liaison to jurisdictions.

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Staff Contact Information

Staff Contact Information
If you have questions, challenges or ideas, we want to hear from you!
(703) 299-3100

 

Subject

 

Point of Contact/Email Address

ADA accommodations

Christine Sousa

Assessment or examination development questions

Lorin Mueller, PhD
Susan Layton
npte@fsbpt.org

Continuing competence

Jeffrey M. Rosa
competencestaff@fsbpt.org

Credentials review

Jaime Nolan, FCCPT

ELDD- Exam, Licensure and Disciplinary Database participation

eldd@fsbpt.org

Exam registration processing

Christine Sousa

Foreign educated issues

Leslie Adrian

Immigration

Jamie Nolan

JAM- Jurisprudence Assessment Module

competencestaff@fsbpt.org

Legislation or Model Practice Act

Leslie Adrian

Meeting arrangements

Paul Delaney

NPDB reports/questions

Angela Burnham

PTC- Physical Therapy Compact

compact@fsbpt.org

PEAT®- Practice Exam & Assessment Tool

peat@fsbpt.org

Reimbursement of expenses
Other financial matters

Bill Aronson
Linda Michelsen

School reports

schoolreports@fsbpt.org

Score transfer & reporting

Christine Sousa

SCP PET- Supervised Clinical Practice Performance Evaluation Tool

scppet@fsbpt.org

Security issues

Susan Layton
security@fsbpt.org

Anything else, including news to share with members

William A. Hatherill
Francois Marjorie
Caitlin Jennings
Communications@fsbpt.org



 

 

Sign off:
That’s all the news today from the withering begonia covered banks of the Potomac, where the fish are faster, the fishing boats are longer, and the fishermen are still full of stories.

  • William A. Hatherill, CEO

 

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