Regulation and Supervision Flashcards
A resource nonprofit organization that provides NPTE for all 50 states and reference where we can find regulatory regulations per state.
FSBPT - Federation of State Boards of PT
A state governmental agency that administratively oversees multiple professions including PT and PTA.
DORA
An nonprofit organization that promotes profession and growth, lobbying for legislative change, but is not a state agency and has no association with DORA.
APTA
This agency’s primary mission is to protect the public, not the profession. Employs governmental professions and includes the PT licensing board and receives complaints.
DORA
What is our example of an administrative law?
The Practice Act
Guidance documents used to clarify the law without a rule making process
Board’s Policies
The process by which a profession will try to become regulated for the first time.
Sunrise
A review that occurs every 10 years to determine
- if continued regulation is necessary and existing statues are appropriate
- does the profession operate in public interest
- do the regulated board operate efficiently and effectively
- economic impact of regulation
- complaint, investigation and disciplinary procedures protect the public
Sunset process
Who can file a complaint against a licensed PT or certified PTA in CO
Anyone
Disciplinary options for the Board
Dismissal - complete or with confidential letter of concern
Dismissal is non public, but board keeps record in case of repetition, not considered discipline
Discipline - also called stipulation
- Admonishment: Dismissal with Letter of Admonition
- Probation/Practice Limitation
- Suspension
- Revocation/Surrender of License (most severe)
A public censure that admonishes the licensee for their conduct and warns them that repetition could lead to further disciplinary matters.
Admonishment
Letter of Admonition
A time period where practice is closely monitored. The length and terms are determined by the Board after review of the complaint/investigation.
Probation/Practice Limitation
Possible terms of probation:
- Practice monitor
- Courses in areas of deficiency
- Outside note reviews
The license is suspended for a period of time and terms but be met before the licensee can return to work
Suspension
Most severe form of penalty
Revocation of license
Accrediting body for PT and PTA programs
CAPTE
PTA
Physical Therapist Assistant
a PT may supervise which professionals
PTAs
Other regulated professionals: Massage therapists, athletic trainers
Aides
PT is not required to be on site for direction and supervision, but must be available at least by telecommunications E.g., for PTAs
General supervision
PT is physically present in the same physical building
Direct supervision
PT is physically present or immediately available in the same physical building to support the individual being supervised E.g., students, SPTs
Immediate supervision
Involves an action that is considered to be harmful to society and prosecuted by the government state/US on behalf of the people. Punishment may be jail, fine, probation and overseen by Attorney General.
Criminal Law
Federal examples: Medicare fraud, HIPAA violation
State: sexual misconduct, theft
Usually involves private disputes between persons or organizations. Sometimes involves governmental entity and results in monetary award or settlement.
Plaintiff - person making the claim
Defendant - person accused of wrongdoing
Civil Law
Examples: Malpractice, PT practice with dispute with billing company
3 types of laws
Criminal Law
Civil Law
Administrative Law
The body of rules and principles that govern the duties and operations of federal or state administrative agencies, as commissions and boards. The enforcement of Practice Acts typically falls under Administrative Laws unless deemed to be Criminal.
Administrative
Example: Practice Acts
The Colorado PT Board has jurisdiction over
Licensed PTs, Certified PTAs, Physical Therapists, Licensed Chiropractors, and individuals with expired PT licenses, but not physicians who claim to provide physical therapy
Legal authority to judge/act in a particular case
Jurisdiction
Term is also used to describe all 53 states and entities by FSBPT
Jursidiction
Examples that fall into CO PT Board Jurisdiction
Practicing below standard of care: surgical protocol, sexual misconduct
Failure to comply with Continuing Competency Requirements
Failure to follow a rule: Self reporting rule (settlement and judgement needs to be reported) and Dry needling rule
Billing/Insurance Fraud
Inadequate supervision of support personnel
Term protection
Board in each state is notified and must decide if same discipline is appropriate via
National Practitioner Database
PTs can purchase privilege to practice in other states, but more restricted than nursing
Physical Therapy Compact
Corporations shall not practice physical therapy. The relationship created by employment does not affect the ability of PTs to exercises independent judgement in practice and policy of entity must contain a procedure by which complaints by PTs alleging violation may be heard and resolved. PT should not be required to take any other action outsides of patient’s best interests.
Corporate Practice Language
When a provider walks out on full caseload of patients
Patient Abandonment
PT is responsible for performance of all services performed by PTA and other support personnel.
Accountability
