Invite Your FSBPT Board Liaison to Your Next Meeting
Each board member is assigned a group of states, and they represent them effectively at the board level. Find out who your jurisdiction's liaison is at the bottom of every News Brief. Please feel free to contact your FSBPT Board Liaison for any questions or concerns. They would also love to learn more about the issues facing your board by joining a virtual board meeting, so please consider inviting them. If you are a Voting Delegate or Funded Administrator, you can also discuss important issues at the Board Liaison Dinner during the Annual Education Meeting.
Building strong relationships with your liaisons can help you become a more informed and engaged member. Learn more about our board members.
The FSBPT Board’s Fiduciary Role: Protecting FSBPT’s Assets
Protecting assets and preventing fraud are crucial responsibilities of the FSBPT Board. Fraud can occur both in analog and online forms, which is why FSBPT collaborates with its bank to implement various measures to mitigate risks. Examples of fraud include phishing scams, wire transfer scams, and ACH scams. FSBPT has a robust security plan and internal and external experts including our bank, which we work collaboratively with to implement various measures to mitigate the risks of fraud. For example, FSBPT has implemented measures such as limiting access to financial systems, restricting check signers, and implementing two-factor authentication for online banking. Check Positive Pay and ACH Positive Pay are also leveraged to validate incoming checks and ACH transactions.
Member Input into Board Strategic Planning
In January, the FSBPT Board conducted a follow-up focused survey of FSBPT leadership (jurisdictional board chairs, administrators, committee/task force chairs, delegates, and alternate delegates) to better understand certain areas of the board’s performance in light of the upcoming board strategic planning.
Members identified some key priorities, including defining continuing competence, keeping the Model Practice Act updated, addressing workforce shortages, diversity, and burnout, exploring extenders for physical therapy, and the PT Compact. Specific suggestions included increasing Compact participation, improving license verification, and exploring universal recognition.
The survey reveals a strong foundation for FSBPT and highlights opportunities for improvement. FSBPT can build upon its successes to further serve our members and fulfill our mission. Thank you to everyone who participated and provided such valuable insight! We’ll be back to you to report on the Board’s strategic planning and steps taken as a result of your feedback.
FSBPT Backs Bill to Enhance Background Checks
The FSBPT Board supports the SHARE Act, H.R. 1310, sponsored by Representatives Tracey Mann and Joe Neguse, which requires the FBI to provide criminal history record information to a state occupational or professional licensing authority for background checks of individuals seeking a license in a state that is a member of an interstate compact. On February 9, 2024, the president of FSBPT, David Relling, reached out to the chairs and ranking members of the Committee on Education & the Workforce and the Committee on the Judiciary to express FSBPT’s support. The bill aims to protect patients by ensuring that every provider who seeks licensure is properly vetted. FSBPT believes that this legislation will allow states to properly assess applicants seeking licensure in a compact state to fill the workforce shortages.
Life Time Attempt at Dismissal Rejected by Appeal Board
The US Patent and Trademark Office’s Trademark Trial and Appeal Board (TTAB) rejected Life Time’s early attempts to have the case dismissed, and the TTAB has approved FSBPT’s case to move forward on the merits. In October 2023, FSBPT filed a challenge with the TTAB opposing a trademark registration by Life Time, Inc. The challenge was against Life Time’s use of the letters DPT in the trademark, which FSBPT alleges is deceptive.
The FSBPT Board Deepens Collaboration with AAPT
FSBPT and the American Academy of Physical Therapy (AAPT) are strengthening their partnership in 2024.
AAPT is an organization with a mission to help poor and disadvantaged African Americans and other minorities by promoting innovative programs in health promotion, health delivery systems, and disease prevention. They encourage minority students to pursue careers in allied health professions and carry out clinical research directly related to health conditions found within minority communities. The current President of AAPT, Robert Tillman, has a long history with FSBPT and has served on the Arkansas State Board of Physical Therapy.
In 2023, FSBPT set up a booth at AAPT's annual conference, and we plan to do the same in 2024. Additionally, FSBPT will sponsor an AAPT representative to attend both the FSBPT Leadership Issues Forum and FSBPT Annual Education Meeting in 2024. Furthermore, FSBPT will conduct an Item Writing Workshop before the 2024 AAPT annual meeting. Finally, similar to FSBPT’s partnership with APTA, FSBPT will consider AAPT nominations for specific committees and task forces where the AAPT participant can offer valuable insights.
By working together, FSBPT and AAPT can create a more equitable and representative physical therapy profession, ultimately improving the health and well-being of all communities and advancing public protection.
Excellence in Regulation Award Nominations Due May 31
The Excellence in Regulation Award recognizes jurisdictions that have made significant accomplishments toward increasing public protection for consumers of physical therapy services in a number of areas. To nominate a jurisdiction, including your own, submit a Nomination Form by Friday, May 31, 2024. Late submissions will not be accepted.
Share Your Annual Education Meeting, Webinar, and LIF Ideas!
We are accepting presentation ideas and proposals for 2024 webinars and in-person sessions at the 2024 Annual Education Meeting in Cedar Rapids, Iowa. If you have a specific idea, please submit a proposal.
However, we are also interested in learning about jurisdictions' experiences with regulatory topics and your general ideas on what issues we should examine in webinars, Annual Education Meeting sessions, and during the Leadership Issues Forum. We encourage all board members, administrators, and other stakeholders to share topics and ideas with us. You can also watch webinars and meeting sessions on FSBPT's YouTube Channel to learn what we've recently covered.
Model Practice Act Moment
Each month, we will focus on a different statute section from the Model Practice Act and its accompanying commentary.
In your Practice Act, it is important to clarify the term "consultation" in the context of a physical therapist seeking assistance or giving advice to another healthcare provider, either in person or via electronic means. Learn my by reading the Model Practice Act.
STATUTE
1.02 Definitions
As specifically used in this [act], the following terms have the meanings set forth below, unless the context requires otherwise.
“Consultation” means a physical therapist seeking assistance from or rendering advice or professional or expert opinion to, another physical therapist or professional healthcare provider via electronic communications, telehealth, or in-person.
COMMENTARY
For the purposes of the Model Practice Act, per the definition of professional employee from the National Labor Relations Act, physical therapist assistants would be exempt from the status of “professional employee.” “(15) “professional employee” means—
(A) an employee engaged in the performance of work—
- (i) requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital (as distinguished from knowledge acquired by a general academic education, or from an apprenticeship, or from training in the performance of routine mental, manual, mechanical, or physical activities);
- (ii) requiring the consistent exercise of discretion and judgment in its performance;
- (iii) which is predominantly intellectual and varied in character (as distinguished from routine mental, manual, mechanical, or physical work); and
- (iv) which is of such character that the output produced or the result accomplished by such work cannot be standardized in relation to a given period of time; or
- (B) an employee who has completed the courses of specialized intellectual instruction and study described in subparagraph (A)(i) of this paragraph and is performing related work under appropriate direction or guidance to qualify the employee as a professional employee described in subparagraph (A) of this paragraph;”
Consultation refers to a physical therapist rendering a professional expert opinion or seeking professional expert opinion from another health care practitioner. The health care practitioner being consulted may possess highly specialized knowledge and skills to make recommendations, identify problems or solutions. In some cases, the physical therapist will find it necessary to seek the expertise of another healthcare practitioner to benefit the patient/client.
Consultations via electronic communications are intended to improve access to specialty expertise for patients/clients and practitioners without the need for an in-person visit.
Available Funding Opportunities
The FSBPT Board is committed to supporting its member jurisdictions in their mission to protect the public. Join the ranks of states, including Alabama, Indiana, Iowa, Louisiana, Minnesota, Nevada, North Carolina, North Dakota, Ohio, Oregon, Virgin Islands, and Texas, that have all taken a big step toward both administrative efficiency and protecting the public. They are currently leveraging FSBPT Grants to enhance the ELDD, improve compact privilege implementation, and collect workforce data.
Your state should be next! Learn more about our available grants to help jurisdictions with enhancing your participation in or communication with our Examination, Licensure, and Disciplinary Database (ELDD), improving compact privilege implementation, or collecting workforce data.
FSBPT offers grant funding to support its member jurisdictions in their mission to protect the public. If you are interested in receiving a grant, please send an email to FSBPT's CEO, William A. Hatherill summarizing what you would like to have funded and why it is important or how it can improve efficiencies for your board.
Upcoming Webinars
We are hosting multiple upcoming webinars within the FSBPT Portal, allowing you to easily access member resources, groups, and events all in one place! Be sure to add this year's Regulatory Hours to your calendar:
- Wednesday, April 17, 4:00 p.m. ET
- Thursday, June 20, 4:00 p.m. ET
To register, please log in to the FSBPT Portal, select "Events," and click on the event you'd like to register for.
Send Us Additional Recipients
Do you know of any individuals or groups that would be interested in receiving our monthly News Brief? Or, did someone forward this to you and you'd like to be on our list?
Please send any referrals our way! Contact us via email at communications@fsbpt.org with information, ideas, or suggestions.
We appreciate your collaboration in our effort to further our mission to protect the public.
FSBPT Forum: Consumer Protection Rating: How the ELDD Can Protect the Public
The ELDD is a comprehensive physical therapy database of disciplinary, licensure, and examination score information. The information stored in this database helps jurisdictions in multiple ways. This article is based on a 2022 Annual Education Meeting presentation by Charles Harvey, Corie Tillman Wolf, and Jason Kaiser.
Spotlight on Member Resources: New Resource Page
FSBPT has created a public resource page to help candidates, patients, and other stakeholders quickly find what they need. Feel free to publicize www.fsbpt.org/resources as an easy-access link in your state’s newsletter or on your website.
Many Thanks to Our Volunteers
This month, we thank our generous volunteer members for their support of our mission.
- Exam Development Committee - PT
In the News
FSBPT provides the following links for your education and awareness but does not endorse the content.
"Tear Down This Wall: Liberating Patients to Access Out‐of‐State Telehealth," Cato Institute Webinar on February 27, 2024
"The COVID-19 pandemic made the public more aware of the benefits of telehealth technology. However, most states prohibit patients from accessing telehealth services from out‐of‐state clinicians unless those providers obtain licenses from the states where the patients reside. Many patients seeking the expertise of renowned out‐of‐state clinicians drive to “telemedicine parking lots” in states where the clinicians hold licenses to conduct telehealth visits. State licensing laws block interstate telehealth services, suppress providers and patients from using the technology, and infringe on patients’ rights to access telehealth. Dr. Shannon MacDonald is a radiation oncologist at Massachusetts General Hospital. State licensing laws have come between Dr. MacDonald and her patients needing follow‐up care. She has joined with a medical colleague and New Jersey patients to sue the state of New Jersey, contending its health professional licensing laws are unconstitutional."
"What's next for mRNA vaccines," Jessica Hamzelou, MIT Technology Review, January 5, 2023
"mRNA vaccines helped us through the covid-19 pandemic—but they could also help defend against many other infectious diseases, offer universal protection against flu, and even treat cancer."
"NASCIO releases ‘AI Blueprint’ for state agencies," Ascend, January 12, 2024
"As AI becomes a top priority for state CIOs, the National Association of State Chief Information Officers (NASCIO) released an “AI Blueprint” intended to assist state governments in the development of AI roadmaps."
"Statement on Invalidation of USMLE® Examination Scores," Educational Commission for Foreign Medical Graduates, January 31, 2024
"Intealth™ was recently informed by the United States Medical Licensing Examination® (USMLE) program that the USMLE examination scores for a number of test takers have been invalidated based on a pattern of anomalous exam performance associated with Nepal. USMLE has contacted impacted individuals directly about the status of their USMLE exam performance. For more information on the invalidation of these test scores, please see the USMLE’s Statement."
"The New Healthcare C-Suite Agenda: 2024-2025," Sage Growth Partners
"Our annual survey of more than 100 C-Suite executives reveals a new prioritization on growing revenue, fortifying the workforce, reducing costs, transitioning more revenue into value-based care arrangements — and undertaking EMR optimization while investing in tools outside the EMR for AI, digital health, data analytics and revenue cycle management to achieve those strategic goals."
"Dangers of Vaping," Kyle Bradford Jones, Famildoctor.org, January 2023
"Vaping uses electronic cigarettes (or e-cigarettes) to simulate traditional cigarette smoking. E-cigarettes are battery-powered or chargeable smoking devices. Some look like traditional cigarettes or pipes. Others are designed to look like pens or USB memory sticks. They use a cartridge (or pod) filled with liquid. The liquid typically contains nicotine, flavorings, and other chemicals. When you puff on the mouthpiece of the device, it activates a heating element. This heats up the liquid in the pod and turns it into vapor. You then inhale the vapor. This is why it’s called “vaping.”
"Following in her mom's footsteps, a doctor fights to make medicine more inclusive," Tonya Mosley, NPR, January 22, 2024
"When Dr. Uché Blackstock was a medical student at Harvard, she had a near-death experience that gave her a sobering outlook on the state of medical care in the U.S. Suffering from excruciating stomach pain, Blackstock took herself to the E.R., where, after hours of waiting, she was told she had a stomach bug and sent home."
"Intimidation of State and Local Officeholders," Brennan Center for Justice, January 25, 2024
"Left unchecked, abuse harms not only elected officials but also the public they serve."
"How do regulators measure their performance around the world?" Ascend, October 31, 2023
"To what extent is it possible for regulators to measure their impact on the fields they regulate? How can they be held to account for their performance and guided toward better outcomes? In this article, we explore how performance measurement frameworks are used around the world to assess regulatory effectiveness and drive improvement."
"Why do we talk about kindness in regulation?" Ascend, January 17, 2024
"Why have kindness and compassion emerged as major topics of discussion in the world of regulation over the past several years? In this article, we explore what kindness could mean in the context of regulation and the reason some regulators want to make it a priority in their day-to-day work."
"Ascend contributors reflect on top themes of 2023 and what challenges lie ahead in 2024," Ascend, December 12, 2023
"We caught up with our past and present contributors to ask their thoughts on the top issues, challenges, and themes that defined regulation and professional licensure in 2023 as well as their predictions for what could lie ahead in 2024. Here’s what they had to say."
"Physical Therapists Positioned to Serve as Primary Care Providers Throughout the U.S. Military," American Physical Therapy Association, January 31, 2024
"The American Physical Therapy Association announces that the U.S. Department of Defense will allow physical therapists to serve as primary care providers for neuromusculoskeletal conditions across all military settings. This designation is based on significant DOD analysis and further confirms the value and cost-effectiveness of early intervention physical therapy."
"3 nurse degree scheme updates," Erica Carbajal, Becker's Hospital Review, February 16, 2024
"Fallout from Operation Nightingale — a coordinated scheme to sell more than 7,600 fake diplomas and transcripts to aspiring nurses — continues to unfold more than a year after 25 people were charged for their roles in running the scheme."
"State Licensure Actions vs. Government Administrative Actions," NPDB Insights, February 2024
"Both state licensure actions and government administrative actions are reported as adverse actions. However, there are distinct and important differences between them."
"5 Common Mistakes In Documenting A Telemedicine Visit," Eric Wicklund, Healthleaders, February 19, 2024
"A recent OIG audit of evaluation and management (E/M) services provided by telemedicine during the pandemic found that providers generally followed the rules for Medicare reimbursement. But they did make some documenting errors."
"Artificial intelligence is making critical health care decisions. The sheriff is MIA." Ruth Reader, Politico, February 18, 2024
"Health care regulators say they need more people and more power to monitor the new tech."
"From Frankenstein to Siri: Accountability in the era of automation," Harry Cayton, Ascend, January 10, 2024
"As AI advances in sectors from health care to engineering, who will be held accountable if it causes harm? And as human decision-makers are replaced by algorithms in more situations, what will happen to uniquely human variables like empathy and compassion? Harry Cayton explores these questions in his latest article."
Board Report
Recently, to advance the business of FSBPT, the board approved the motions listed. Please contact your jurisdiction board liaison if you have any questions or would like additional information.
MOTIONS APPROVED
24-02-01
Task Force Chair Appointment
Dry Needling Competencies Task Force – David Bertone (NJ)
24-02-02
To approve Grant Funding for Louisiana in the amount of $1,750 through the PT Compact
FSBPT Board of Directors
Members of the board of directors serve as liaisons to multiple jurisdictions.
 Ruggie Canizares
Colorado, Kansas, Montana, Nebraska, Nevada, Utah |  Ellen Donald
Alabama, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee |  Cynthia Potter
Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont |  David Relling
Iowa, Michigan, Minnesota, North Dakota, Puerto Rico, South Dakota, Virgin Islands |
 Steven Scherger
Arkansas, Kentucky, Minnesota, New Mexico, Oklahoma, Texas, Virginia |  Michelle Sigmund-Gaines
Alaska, Arizona, California, District of Columbia, Idaho, Oregon, Washington, Wyoming |  Michele Thorman
Delaware, Illinois, Indiana, Maryland, Missouri, Ohio, West Virginia, Wisconsin |  Charles E. Reiter
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
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Subject
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Point of Contact/Email Address
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ADA accommodations
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Christine Sousa
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Assessment or examination development questions
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Lorin Muelle
Susan Newman
npte@fsbpt.org
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Continuing competence
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Jeffrey M. Rosa
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Credentials review
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Jaime Nolan, FCCPT
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ELDD- Exam, Licensure and Disciplinary Database participation
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eldd@fsbpt.org
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Exam registration processing
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Christine Sousa
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Foreign educated issues
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Leslie Adrian
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Immigration
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Jamie Nolan
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JAM- Jurisprudence Assessment Module
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JAM@fsbpt.org
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Legislation or Model Practice Act
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Leslie Adrian
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Meeting arrangements
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Paul Delaney
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NPDB reports/questions
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Angela Burnham
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PTC- Physical Therapy Compact
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compact@fsbpt.org
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PEAT®- Practice Exam & Assessment Tool
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peat@fsbpt.org
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Reimbursement of expenses
Other financial matters
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Linda Michelsen
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School reports
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schoolreports@fsbpt.org
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Score transfer & reporting
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Christine Sousa
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SCP PET- Supervised Clinical Practice Performance Evaluation Tool
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scppet@fsbpt.org
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Security issues
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Susan Newman
security@fsbpt.org
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Anything else, including news to share with members
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William A. Hatherill
Caitlin Jennings
Communications@fsbpt.org
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From the daffodil bud lined banks of the Potomac River, 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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