In this News Brief:
The Nominating Committee is pleased to announce the slate for this year’s elections, to take place virtually during the Annual Education Meeting, October 23-25. Please read the Candidate Statements to learn more about the candidates.
The Nominating Committee will hold a Candidate Forum in July in conjunction with the 2025 Leadership Issues Forum to introduce the 2025 candidates for the Board of Directors and the Nominating Committee. This will be followed by a Candidate Forum in the fall. We will share registration information for these events soon.
Please join FSBPT in thanking the 2025 Nominating Committee Members, Robert Friberg (chair), Adrienne (Stacy) Price, and Bernardine Evans, for their work this year.
Please join us in congratulating our 2025 awardees! They will be honored at the Awards Luncheon at the Annual Education Meeting in Spokane, Washington!
Outstanding Service Award Winners
We are accepting presentation ideas and proposals for 2025 webinars and in-person sessions at the 2025 Annual Education Meeting in Spokane, Washington.
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. 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.
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 30, 2025. Late submissions will not be accepted.
We will focus on a different statute section from the Model Practice Act and its accompanying commentary each month. In 2025, we will be focusing on the twelve sections of Article 4.
4.05 Investigative Powers; Emergency Action; Hearing Officers
A. To enforce this [act], the board is authorized to:
B. If the board finds that the information received in a complaint or an investigation does not merit disciplinary action against a licensee [or certificate holder] it may take one of the following actions:
Commentary
Most jurisdictions have entire sections of administrative law known as an Administrative Procedures Act that directs the disciplinary process. Procedural aspects of discipline need to be delineated in rules if they are not addressed in a jurisdiction’s Administrative Procedures Act. This section of the model statute addresses the board’s authority to investigate complaints and discipline licensees and certificate holders, including:
Public access to the complaint process should be clearly established by the law. There should be a standard complaint form, allowing for complaints to be received verbally or in writing. The complainant must provide their name and address for follow-up contact. However, it should be specified that confidentiality will be maintained if the complainant so requests and within the limits of the law. Jurisdiction confidentiality laws shall be a factor in drafting conforming rules. (See Guidelines for Rules.)
Board members may become aware of possible infractions of the laws and rules through multiple sources about the unlawful or unlicensed practice of physical therapy. This standard empowers the Board to file a complaint to report the unlawful or unlicensed practice of physical therapy. Some examples may include, but are not limited to, a physical therapist or physical therapist assistant practicing with an expired license or individuals purporting to provide physical therapy when they are not authorized to do so.
Board members may become aware of possible infractions of the laws and rules through inquiries to board members or staff from physical therapists, the public or other sources about the legal appropriateness of a physical therapist’s practices. As well, information may come to the board through the complaint investigation process that identifies other practitioners in possible illegal actions. Boards need the latitude to investigate these concerns without being required to wait for a formal complaint to be submitted. This standard allows more latitude than “probable cause” or “reasonable cause.”
A subpoena shall be used to access, review, and obtain records in addition to compel the testimony of any witnesses in an investigation or disciplinary proceeding. The use of subpoenas in unannounced site investigations is occasionally a necessary part of investigating complaints. The issuance of subpoenas shall be dependent upon individual jurisdiction laws. Specific model language regarding the confidentiality of patient records is further recommended. (See Rights of Consumers, Article 4.12.H.)
This language grants a board the authority to respond quickly to a complaint having serious implications for public protection. Jurisdiction boards have sometimes been required to wait weeks or months before a hearing could be conducted, putting the public at risk. In the absence of an Administrative Procedures Act, conforming rules shall be necessary to specify parameters for the use of this authority, for example, how soon a hearing must be held and what type of conduct or imminent danger warrants use of this authority.
When the disciplinary process reaches the formal level, the preferred procedure is to use an independent hearing officer to conduct the hearing. Administrative Procedures Acts shall specify that hearing officers shall be administrative law judges. If that is the case, the reference to “administrative law judges” shall be more appropriate than “hearing officers.” Hearing procedures should be specified in rules or referenced in a uniform Administrative Procedures Act.
There shall be times when a licensee or applicant’s mental, physical or professional competence could impair their ability to practice physical therapy with skill and safety. This paragraph empowers a board to direct appropriate evaluations for such competence if the circumstances warrant. The Americans with Disabilities Act shall pose additional restraints. Paragraph 4.04.23 under Grounds for Denial of a License [and Certificate] Disciplinary Action authorizes the board to take action that shall limit or prevent practice determined by the board to be unsafe to the public.
There shall be times when a licensee or applicant’s mental, physical or professional competence could impair their ability to work in the profession of physical therapy with skill and safety. This paragraph empowers a board to direct appropriate evaluations for such competence if the circumstances warrant. The Americans with Disabilities Act shall pose additional restraints. Paragraph 4.04.23 under Grounds for Denial of a License [and Certificate]; Disciplinary Action authorizes the board to take action that shall limit or prevent practice determined by the board to be unsafe to the public.
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, Kentucky, Louisiana, Maryland, Minnesota, Mississippi, Nevada, North Carolina, North Dakota, Ohio, Oregon, South Dakota, Texas, and the Virgin Islands, 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.
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 register for these upcoming webinars: Regulatory Hour with Dale Atkinson: Board Meetings June 18, 4:00 p.m. ET Regulatory Hour with Dale Atkinson: Proactive Boards August 20, 4:00 p.m. ET Regulatory Hour with Jennifer Semko: Legal Landscape Related to Artificial Intelligence September 30, 4:00 p.m. ET Regulatory Hour with Dale Atkinson: Final Orders October 15, 4:00 p.m. ET Regulatory Hour with Paul Welk: Expanding PT Practice into Health and Wellness Services November 18, 4:00 p.m. ET Regulatory Hour with Dale Atkinson: A Year in Review December 17, 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.
Do you know of any individuals or groups that would be interested in receiving our monthly News Brief? Do you have new board members or staff starting in 2025? 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.
State licensing boards need to be aware of the implications of AI across the regulatory landscape as it will affect licensing operations, healthcare best practices, and more. This article summarizes the main topics and issues presented at the 2024 Annual Education Meeting by Frank Meyers.
Boards can be incredibly structured with the help of delegation. This webinar will address how Boards that understand and use the "Doctrine of Delegation" can pave the way for a more organized and efficient way forward.
This month, we thank our generous volunteer members for their support of our mission.
FSBPT provides the following links for your education and awareness but does not endorse the content.
"Scam Alert," New Jersey Division of Consumer Affairs
"The Division of Consumer Affairs (“Division”) is issuing an immediate warning to all licensed professionals. A dangerous new scam is actively targeting licensees and applicants, attempting to trick individuals into downloading malicious software.
This scam falsely instructs email recipients to download a “new license software.” Clicking on the link in the email and following the instructions may result in the automatic download of malicious software onto your device. Linked here is a copy of the fraudulent email."
"Bipartisan SHARE Act Seeks to Expand Healthcare Access by Streamlining State Licensing Rules," KCLY, April 17, 2025
“The bill—formally known as the States Handling Access to Reciprocity for Employment (SHARE) Act—aims to improve coordination between states while preserving each state’s authority to decide who can practice within its borders.”
"Rural Hospitals and Patients Are Disconnected From Modern Care," Sarah Jane Tribble, Holly K. Hacker, Caresse Jackman, KFF Health News, April 9, 2025
"KFF Health News found that counties without fast, reliable internet and with shortages of health care providers are mostly rural. Nearly 60% of them have no hospital, and hospitals closed in nine of the counties in the past two decades, according to data collected by the Cecil G. Sheps Center for Health Services Research at the University of North Carolina-Chapel Hill."
"Nurse charged with severely injuring several babies on NICU ward," Chad Van Alstin, Healthexec, May 5, 2025
"The state of Virginia has suspended the license of a nurse, formerly employed by Henrico Doctors’ Hospital, after she was charged in a 12-count indictment for alleged neglect and abuse—incidents that, prosecutors say, resulted in babies under her care suffering bone fractures."
"UMMC sued after pharmacist allegedly hacked computers to spy on women," Chad Van Alstin, Healthexec, May 5, 2025
"A pharmacist at the University of Maryland Medical Center (UMMC) has been accused of hacking hundreds of computers and, in some cases, using them to spy on women."
"New NCSBN Data Indicates Why Nurses Are Leaving The Workforce," G. Hatfield, HealthLeaders, May 12, 2025
"According to the 2024 NCSBN Workforce Study, 40% of participants indicated their intention to leave the workforce in the next five years."
"Lawsuit challenging NJ licensure requirements dismissed," FSMB Advocacy News, May 15, 2025
"On May 12, a federal judge in the U.S.D.C. for the District of New Jersey dismissed a challenge (MacDonald v. Sabando) from two out-of-state physicians contesting New Jersey law (NJ Rev Stat § 45:9-6) mandating that health care professionals be licensed in the state to provide telehealth."
"Exercising Jurisdiction," Professional Licensing Report, April 17, 2025
"In a March 20, 2025 decision, the Supreme Court of South Australia Court of Appeal considered appeals initiated by the Paramedicine Board of Australia (Paramedicine Board) and the Physiotherapy Board of Australia (Physiotherapy Board) seeking clarification of jurisdiction of the Tribunal in matters relating to 1) conduct occurring prior to registration and 2) whether conduct had to occur while being registered in order to take disciplinary action."
"More Fragmented, More Complex: State Regulation of AI in Health Care," David Blumenthal and Amulya Marellapudi, NEJM AI, May 5, 2025
"Several U.S. states have enacted or are considering legislation to regulate the use of artificial intelligence (AI) in health care. These bills focus on several key areas: establishing commissions and/or agencies to study and manage health AI; ensuring data privacy and security; addressing bias and discrimination in AI; promoting transparency in AI usage; overseeing claims processing by insurance companies; and training the health care workforce regarding AI. State activities concerning health AI are likely to become more widespread and influential if, as seems likely, the federal government reduces its involvement in ensuring the safety, efficacy, and reliability of health AI applications. A surge in diverse state regulations could impede the AI industry’s efforts to develop and market promising health AI applications. Alternatively, however, producers of AI tools may choose to self-regulate to meet the stringent standards set by states and international authorities, such as the European Union, enabling them to confidently sell their products across all jurisdictions. (Funded by the Commonwealth Fund of New York City.)"
"Disabled Applicant’s Open-Book Exam Request Was Lawfully Denied," Berni Pazanowski, Bloomberg Law, March 17, 2025
"The Association of Certified Anti-Money Laundering Specialists LLC wasn’t required by the Americans with Disabilities Act to allow an applicant with learning and anxiety disorders to take an open-book certification exam, the Eleventh Circuit said."
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.
Motion: To award the Richard McDougall Long Term Service Award to
Motion: To award the Outstanding Service Award to the following:
Motion: To extend the deadline of the 2024 grant of $25,636 for Texas to December 31, 2025. Rationale: Texas was unable to complete the project by the previous deadline and is requesting an extension to preserve the functions of the API in their new system for better ELDD Reporting Fiscal Impact: $25,636
Motion: To approve a 2025 grant of $48,900 for Connecticut Rationale: Grant funding to adopt the FSBPT ID and implement the API in their system for better ELDD reporting Fiscal Impact: $48,900
Motion: To approve a 2025 grant of $10,800 for West Virginia Rationale: Grand funding to implement the API in their system for better ELDD reporting Fiscal Impact: $10,800
Members of the board of directors serve as liaisons to multiple jurisdictions.
Stephen Curley Alabama, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, Tennessee, and West Virginia
Craig Miller Illinois, Indiana, Kansas, Maryland, Michigan, Missouri, Ohio, and Utah
David Relling Hawaii, New Jersey, North Dakota, Puerto Rico, South Dakota, and Virgin Islands
Steven Scherger Arkansas, Colorado, Florida, Minnesota, New Mexico, Oklahoma, South Carolina, and Texas
Michelle Sigmund-Gaines Alaska, Arizona, California, Idaho, Montana, Oregon, Washington, Wyoming
Michele Thorman Delaware, District of Columbia, Iowa, Nebraska, Nevada, Virginia, and Wisconsin
Krista Wolfe Connecticut, Maine, Massachusetts, New Hampshire, New York, Pennsylvania, Rhode Island, and Vermont
Charles E. Reiter The public member of the board does not serve as a liaison to jurisdictions
FSBPT’s Board of Directors wants members to know staff is available to assist any jurisdiction with writing statutory or regulatory language. When you are crafting new laws or regulations/rules, especially involving FSBPT products such as the NPTE or Coursework Tool, or controversial topics such as dry needling, FSBPT is a resource to remember!
Subject
Point of Contact/Email Address
ADA accommodations
Christine Sousa
Assessment or examination development questions
Lorin Mueller npte@fsbpt.org
Continuing competence
Jeffrey M. Rosa
Credentials review
Jaime Nolan, FCCPT
ELDD- Exam, Licensure and Disciplinary Database participation
eldd@fsbpt.org
Exam registration processing
Foreign educated issues
Leslie Adrian
Immigration
Jamie Nolan
JAM- Jurisprudence Assessment Module
JAM@fsbpt.org
Legislation or Model Practice Act
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 and other financial matters
David Sigman, ext. 226
School reports
schoolreports@fsbpt.org
Score transfer & reporting
SCP PET- Supervised Clinical Practice Performance Evaluation Tool
scppet@fsbpt.org
Security issues
Susan Newman security@fsbpt.org
Anything else, including news to share with members
William A. Hatherill Caitlin Jennings Communications@fsbpt.org
From the Butterfly Japanese Maple-covered banks of the Potomac, where the fish are faster, the fishing boats are longer, and the fishermen are still full of stories.