PHYSICAL THERAPY LICENSURE BOARD

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642 

 

Board Meeting Minutes of 4/24/2009

 

 

BOARD MEMBERS PRESENT:  Stephanie A. Liddle - Chair

                                                             Monica D. Fowers

                                                             Brian White

                                                             Barbara J. Sterling

                                                             Larry Ohman                                                

 

BUREAU STAFF:                           Tana Cory, Bureau Chief

                                                            Roger Hales, Administrative Attorney

                                                            Karl Klein, Deputy Attorney General

                                                            Marcie McGinty, Appeals Hearing Coordinator

                                                            Carrie Gilstrap, Technical Records

                                   

Meeting was called to order at 9:00 AM MDT by Stephanie A. Liddle.

 

APPROVAL OF MINUTES

 

A motion was made by Mr. Ohman to accept the minutes from February 13, 2009. Seconded by Ms. Fowers, motion carried.

 

LEGISLATIVE UPDATE

 

Ms. Cory presented the legislative update to the members of the Board. She stated the proposed law and rule changes were approved in the legislature. This included changes to the requirement for foreign-educated applicants as well as a reduction in their fees.  

 

FINANCIAL REPORT

 

Ms. Cory presented the financial report to the members of the Board. Their current cash balance is $143,570.97.

 

MEMORANDUM, PHT-2008-3

 

Mr. Klein, Deputy Attorney General, presented a memorandum to the members of the Board.  Following discussion a motion was made by Ms. Fowers to close case no. PHT-2008-3 and to include a letter to the Board of Medicine requesting they notify the Bureau if there is any further disciplinary action taken against the licensee. Seconded by Mr. White, motion carried. 

 

MEMORANDUM, PHT-2009-2

 

Mr. Klein, Deputy Attorney General, presented a memorandum to the members of the Board.  Following discussion the Board agreed with the recommendations in the memorandum for case no. PHT-2009-2.

 

INVESTIGATIVE REPORT

 

Ms. McGinty presented the investigative report to the members of the Board.

 

I-PHT-2007-13 C alleged that R was practicing beyond the scope of practice for a physical therapy assistant. INV conducted interviews with R, R's supervisor, and several PT and OT co-workers. R denied allegations of practice outside of scope, and others interviewed denied witnessing or having knowledge of R ever practicing beyond lawful requirements.  INV did not reveal evidence to support the allegations or a violation. IBOL recommends the Board authorize closure.

 

The Board requested additional information about the duties the licensed physical therapist assistant was accused of performing which may have been beyond the scope of practice. Ms. McGinty agreed to follow up.

 

DISCUSSION AND DETERMINATION FOR FINAL ORDER, PHT-2007-10

 

Mr. Hales presented the final order for case no. PHT-2007-10. The Board held a discussion on disciplinary actions to impose on this licensee.

 

A motion was made by Mr. Ohman to suspend the license for a six-month period, require the licensee to complete a course on ethics, impose the maximum fine with the total for attorney’s fees, and to adopt the findings, facts and conclusions of the order. Seconded by Ms. Sterling, motion carried.

 

BOARD REVIEW OF LICENSURE APPLICATIONS

 

The Board discussed the review of applications for licensure and continuing education approval. The Board will hold a conference call on the fourth Wednesday of every month with the exception of the months where there is a regularly scheduled meeting. This is to begin May 2009.

 

I-PHT-2007-13 

 

Ms. McGinty approached the Board with the additional information requested, as noted above. A motion was made by Ms. Fowers to approve the Bureau’s recommendation and authorize closure. Seconded by Mr. Ohman, motion carried. 

 

NEW BUSINESS

 

EXECUTIVE SESSION

           

A motion was made by Mr. Ohman to enter into executive session as per Idaho Code 67-2345.1(d). Seconded by Mr. White. The vote was: Mr. White, aye; Ms. Liddle, aye; Ms. Fowers, aye; and Mr. Ohman, aye; Ms. Sterling, aye. Motion carried.

 

A motion was made by Ms. Fowers to come out of executive session. Seconded by Mr. Ohman. The vote was: Mr. White, aye; Ms. Liddle, aye; Ms. Fowers, aye; and Mr. Ohman, aye; Ms. Sterling, aye. Motion carried.

 

APPLICATIONS

 

PHYA-2511 A motion was made by Ms. Fowers to approve Carlo R. Serquina Dotimas for endorsement licensure. Seconded by Mr. White, motion carried.

 

APPLICANT ID 901098306 A motion was made by Ms. Fowers to allow the applicant to sit for the NPTE exam. Seconded by Mr. White, motion carried.

 

APPLICANT ID 901105916 A motion was made by Mr. White to require the applicant submit an additional reference. Seconded by Ms. Sterling. Those opposed Ms. Fowers, motion carried.

 

APPLICANT ID 901105917 A motion was made by Mr. White to require the applicant submit an additional reference. Seconded by Ms. Sterling. Those opposed Ms. Fowers, motion carried.

 

PHYA-2454 A motion was made by Ms. Fowers to deny the application for Timothy Kline based upon misrepresenting information on past discipline and for not responding to the Board’s request to appear in person or via conference call to discuss this information. Seconded by Mr. White, motion carried.

 

PHYA-2493 A motion was made by Mr. Ohman to deny the application for Manasi Mahajan based upon not meeting the educational requirement as per Idaho Code 54-2212. Seconded by Ms. Fowers, motion carried.

 

CORRESPONDENCE RE: MOBILIZATIONS AS A PTA

 

Following Board discussion a motion was made by Mr. Ohman to direct counsel to respond to the inquiry reminding the licensed physical therapist assistant they must follow the rule regarding supervision and there is nothing in the law or rule to permit an assistant from performing this act as long as they are working under a licensed therapist. Seconded by Mr. White, motion carried.

 

CORRESPONDENCE RE: RECREATIONAL THERAPISTS

 

Following Board discussion a motion was made by Mr. Ohman to direct counsel to respond to the inquiry reminding the licensed physical therapist that reimbursement issues are not within the Board’s jurisdiction and that a licensed therapist needs to treat the patient during every visit. Seconded by Mr. White, motion carried.

 

CORRESPONDENCE RE: RE-EVALUATIONS

 

The Board reviewed its laws and rules regarding re-evaluations. It was noted that this is not the same as a re-examination as per the American Physical Therapy Association guidelines. A motion was made by Mr. White to direct counsel to respond to the inquiry and to include the definitions for the two terms as well as remind the licensee that billing issues are not under the Board’s jurisdiction. Seconded by Ms. Sterling, motion carried.

 

CORRESPONDENCE RE: CASH BASED PRACTICE

 

Following Board discussion a motion was made by Mr. Ohman to direct counsel to respond to the inquiry stating the Board does not regulate the nature of compensation for a physical therapist however they must follow the practice act when performing the interventions as mentioned in the correspondence. The Board would also recommend the licensee consult a private attorney to determine the personal exposure in performing these acts. Seconded by Ms. Sterling, motion carried.

 

CE COURSES

 

A motion was made by Ms. Fowers to approve the following continuing education courses submitted for review. Seconded by Ms. Sterling, motion carried.

 

Course Provider: Synaptic Seminars

Course Title: Creating Effective Balance Interventions through Sensory Weighting

 

Course Provider: Center for Wound Healing and Hyperbaric Medicine

Course Title: Wound Care 101 Workshop

 

Course Provider: Eagle Healthcare, Inc

Course Title: The Present and Future of Neurologic and Geriatric Rehabilitation

 

Course Provider: Mobility Research

Course Title: Partial Weight Bearing Gait Training Seminar

 

Course Provider: Educata

Course Title: Differential Diagnosis

 

Course Provider: Freedom Designs, Inc.

Course Title: Seating: Bottom to Top

 

Course Provider: The Orchard Studio

Course Title: Tui Na Foundations

 

Course Provider: Institute for Brain Potential 

Course Title: Why We Worry: Understanding and Treating Anxiety Disorders

 

NEXT MEETING is scheduled as a conference call to review applications on Wednesday May 27, 2009 at 12:00 p.m. MDT.

 

ADJOURNMENT

 

A motion was made by Mr. Ohman to adjourn the meeting at 11:50 a.m. Seconded by Ms. Fowers, motion carried.

_________________________________      _________________________________

Stephanie A. Liddle, Chair                                Monica D. Fowers

_________________________________      _________________________________

Brian White                                                      Barbara J. Sterling

_________________________________      _________________________________

Larry Ohman                                                    Tana Cory, Bureau Chief