March/April, 2012 Volume XLVIl, NO. 2 Empire State Physical Therapy The Official Newsletter of the New York Physical Therapy Association, Inc.

Future Changes to Governance president’s letter (page 2)

Legislative Advocate Registration Form register for lobby day (Page 3)

2012 Legislative Plan see what NYPTA is lobbying for (page 4)

2012 Committee Assignments find out if your representative is on a committee (page 5)

Proposed Changes Your Profession NEEDS YOU ! to Public Health By Michael Mattia, PT, DPT, MS Law Affecting Early Chair, Advisory Panel on Legislation Intervention We are rapidly approaching our annual Lobby Day which is May 15th. Each highlights of proposed changes (page 9) year our chapter mobilizes and attends this very productive and educational day. It is a day for us to make our voices heard to our elected officials regarding Minority Members, Are legislation and issues that directly affect our practice in New York State. We the 1% or the 99%? (Page 11) As the new Chair of the Advisory Panel on Legislation for our chapter, I am appealing to each and every member to strongly consider attending this year’s 2012 Slate of event. The issues at hand, high co-pays, decreased reimbursement, Workers’ Compensation reform, increasing health care premiums, decreasing state and Candidates federal health care budgets, and POPTS must be addressed and the time is read their statements (page 16) NOW. As a practitioner, administrator, teacher, and advocate, I believe that we are at a critical junction for our profession. Understand that it matters not where or what form of physical therapy services you render, these issues directly Ethical and Legal impact your ability to practice and receive reasonable payment for necessary Considerations services. Regarding the Utilization of Support Personnel in My conversations with PTs in every area of practice and specialty center around the pressures of professional practice under the ever-increasing burden PT Practice of federal, state, and private payer cuts to reimbursement and access to our is there an ethical way to delegate? (page services. 19) continued on page 4 Volume XLVII, No. 2 President’s Letter March/April, 2012 Future Changes to Governance EMPIRE STATE PHYSICAL THERAPY

Publisher New York Physical Therapy Association While longer days mean that spring is right around the corner they also signal 5 Palisades Drive, Suite 330 a time of intense activity for both the NYPTA and the APTA. Albany, NY 12205 Phone: 518.459.4499 • Toll-Free: 800.459.4489 Fax: 518.459.8953 I attended the Combined Sections Meeting (CSM) in Chicago in February Web Page: www.nypta.org and found myself returning home more energized than ever about our Editor / Designer profession and the people who serve in it. Normally in these letters I try to Bibiana Braun bring a positive approach to where we are and the journey ahead. In this Empire State Physical Therapy is published 6 times yearly, letter, however, I would like to share with you a few major issues now being with combined January/February, March/April, May/June, July/ August, September/October and November/December issues. Its addressed at both the national and chapter levels. purpose is to provide physical therapists, physical therapist assistants and physical therapist/physical therapist assistant students with accurate and timely information relevant to the practice of physical Two major issues currently under discussion within the APTA are review therapy. The editor reserves the right to edit all communications. of our governance processes and a motion titled “Physical Therapist Anonymous letters will not be published. Views expressed are those of the author and do not represent the formal position of NYPTA Responsibility and Accountability for the unless expressly stated. “Ultimately, it would not be Delivery of Care” (formally referred to as RC3) which was passed at the 2011 House Editorial Board surprising to see the House Claudia B. Fenderson, PT, EdD, PCS of Delegates make significant of Delegates. Melanie A. Gillar, PT, DPT, MA changes to the governance Susan Miller, PT, DPT, MS, OCS structure and processes of our The Governance Review, Advertisements association.” which began in 2009, All advertisements in Empire State Physical Therapy must established a task force to comply with the ethical standards of the APTA. Acceptance of advertisements in this publication does not imply endorsement. Matthew R. Hyland, PT, PhD, MPA, CSCS evaluate existing governance processes and best practices Submission of Material for Publication Submissions should be sent via email to Bibiana Braun, Editor, at and make a recommendation [email protected]. Submissions are subject to the discretion of the to the Board of Directors, to enable them to make potential motions to the editorial board. 2013 House of Delegates (HOD). Prior to the recent CSM, the Governance Subscriptions Task Force orally provided the APTA Board of Directors (Board) with their NYPTA members automatically receive this publication. initial recommendations, and will provide a final written report to the Board Nonmember subscriptions are $100 (US) or $150 (non-US) annually. in April. As part of this process, the task force took an extensive look at the This price includes sales tax, shipping and handling. composition and function of the Board of Directors, House of Delegates, Deadlines Sections and Chapters. And, while I’m sure there will be a great deal of Editorial and advertising deadlines are the first business day of the discussion and debate about the direction our governance structure should month prior to the month of publication. take moving forward, one thing is for certain: The work of the task force has Chapter Officers President Matthew R. Hyland, PT, PhD, MPA, CSCS been extensive and thorough. Although the final outcome of governance Vice President Jennifer Collins, PT, EdD, MPA review is unknown at this time, the task force -- including Chapter members Treasurer Scott Minor, PT, PhD Secretary Jeremy Crow, PT, DPT, SCS Jim Dunleavy (HV) and Nate Mosher (E) -- should be commended for their Speaker Peggy J. Lynam, PT, DPT, NCS work. Chief Delegate Lynn Rivers, PT, PhD Chapter Directors Ultimately, it would not be surprising to see the House of Delegates Brooklyn/Staten Island David Sofer, PT Catskill Keri A. Gill-Smith, PT make significant changes to the governance structure and processes of Central Michael Tisbe, PT Eastern Dolores F. Montero PT, DPT, GCS our association. I think we would all agree that people do not like change Finger Lakes Jeremy Bittel, PT, DPT because it is inherently scary and often creates conflict. But, as I mentioned Greater New York Debra Engel, PT, DPT, MS Hudson Valley Kathleen Birnbaum, PT in the last issue, change is here whether we like it or not; it is an essential Long Island Bill O'Keefe, PT Southern Tier Joel VanSlyke, PT, DPT, GCS part of our evolution as an association and as a profession. So, instead of Western Mark Basile, PT fighting it, we need to embrace it, shape it and thrive within it. Chapter Office Staff Executive Director Leslie J. Wood, CAE With respect to RC3, in 2011 the House of Delegates passed a motion titled ([email protected]) Communications Director Bibiana Braun “Physical Therapist Responsibility and Accountability for the Delivery of ([email protected]) Assistant Director Kelly Garceau Care,” which reads as follows: ([email protected]) Finance Manager Pamela J. Cook ([email protected]) Administrative Assistant Linda Brown ([email protected]) continued on page 21

Copyright 2012 by the New York Physical Therapy Association. Requests for reprints should be directed to Bibiana Braun at NYPTA, 5 Palisades Drive, 2 | Empire Physical Therapy • March/April, 2012 Suite 330, Albany, NY 12205. www.nypta.org I I I I I I I I NYPTA Lobby Day T u e s d a y , May 15, 2012 I Legislative Advocate Registration Form Legislative advocacy refers to efforts of influencing elected officials by voicing I your suggestions or ideas to your elected official. I Legislative Office Building ★ Corner of State and Eagle Streets ★ Albany, New York Registration Center: 3rd Floor Terrace ★ 9:00 a.m. - 3:00 p.m. Appointments With Legislators: 9:00 a.m.–5:00 p.m. I .

I Legislative Advocate: That’s YOU!

Please print or type. I Name: ❑ PT ❑ PTA ❑ SPT ❑ SPTA ❑ Other NYPTA District: Phone number: (______) I Home address: Email address: City:______State: ZIP: Name of School: I Coordinator: Expected arrival time: Expected departure time : I ★ Lobbying Participation: Please indicate your availability for the functions listed below. You must fill in an answer for each question listed. I 1. I will be available for appointments with legislators 1. ❑ Yes ❑ No 2. My availability for legislator appointments: 2. a.m.– p.m. I 3. I wish to accompany another therapist who has previously visited a legislator.. 3. ❑ Yes ❑ No 4. My senator’s name: 4. 5. My assemblyperson’s name: 5. I 6. If you are a faculty member, how many students are you planning to bring? _7.

I ★ New York Legislators: Don’t know who your legislators are? No problem! Go to the following web page: http://www.nypta.org/displaycommon.cfm?an=8 and scroll down to “don’t kno who your legislators are”

★ Legislator Appointments and Transportation: Your District Legislative Liaison will use the above information to make all I legislator appointments. Contact your Legislative Liaison to find out if car pools or bus transportation are available.

I ★ IMPORTANT: Photo ID is required for all visitors who wish to park at the Empire State Plaza, including the driver and oc- cupants in the car. Those without proper ID will not be allowed to park at the Empire State Plaza. P-3 North has been renamed to V-LOT (visitor’s lot). I ★ More Information: Please see the legislative section of the website for the NYPTA Legislative Liaison in your District.

I ★ ★ ★ Deadline for submitting registration form: April 30, 2012. ★ ★ ★

New York Physical Therapy Association ★ 5 Palisades Drive ★ Suite 330 ★ Albany, NY 12205 Fax: 518-459-8953 I Phone: (518) 459-4499/800-459-4489

Go to http://www.nypta.org/displaycommon.cfm?an=8 for information regarding Lobby Day and current legislative issues. I I I I I I I I www.nypta.org March/April, 2012 • Empire State Physical Therapy | 3 Your Profession 2012 NYPTA NEEDS YOU ! Legislative Plan continued from page 1 (Approved 10/27/11)

Having organized and attended Lobby Day 1. NYPTA will pursue two bills that address abusive for many years as a practices of managed care companies related to physical Legislative Liaison, therapy services and utilization practices. Utilization I can guarantee you practices have become increasingly onerous. These that your attendance bills seek to reestablish fair and appropriate utilization at Lobby Day will practices consistent with the underlying purpose of the be enjoyable and 1996 Managed Care Reform Act. The second bill, which has been split off of the original bill, seeks to end the educational. We will practice of designating physical therapists as specialist be providing materials for the purpose of imposing high co-pays. [Bill #’s were through print and on A.5590 Brennan Utilization and S.4870 DeFrancisco / our website to assist A.187 Cahill Co-pays] you in preparing for the day. On the trip to Albany, NYPTA will explore remedies to address situations where we will provide education to each participant about the the co-pays are excessive and/or deceptive. events of the day and how you will be involved. Leadership will attend meetings with your legislators to assist in 2. NYPTA will also pursue two bills addressing issues delivering our message. You will leave Albany with a related to the workers’ compensation system. NYPTA will also continue to meet periodically with the greater appreciation for the legislative process and a greater Workers’ Compensation Board to discuss outstanding understanding of the importance of the day. issues [A.7356 Canestrari / S.5090 Griffo and A.7308 Canestrari / S. 5005 (Griffo)] which relates to the There is truly moving power in numbers and it is our establishment of rates of payment and delivery of health opportunity to deliver the message in a first hand, palpable care services within the Workers’ Compensation (WC) fashion. Believe me, one of the things that can motivate system. These bills would require the WC Board to our legislators to move on an issue is the sight of many of undertake the process of examining the appropriateness their constituents in their office articulating their concerns. of rates of payment annually, something which the Board is currently not required to do. The second bill would NYPTA and its districts, The Alliance of Independent include the services of a physical therapist assistant as a covered service for purposes of the workers’ Physical Therapists, The Council of Licensed compensation system. Physiotherapists, The PT Alliance of Upstate New York, and many other active members have helped to develop our 3. The Advisory Panel on Legislation (APOL) will work legislative plan for 2012. Please review the plan and join us with an appointed group of physical therapists who work on May 15th. in early intervention (EI) to monitor and proactively address legislation which pertain to and may negatively Your district Legislative Liaisons and NYPTA will be impact the NYS EI program. organizing the day, including transportation to and from Albany. We will have buses leaving from various locations. 4. NYPTA will draft legislation that closes existing Registration forms are available both in this issue and loopholes in current NYS laws that permit referral-for- profit (POPTS) arrangements. on line. I urge you to become engaged in the process.

Bring your experiences and your stories directly to your 5. NYPTA will oppose budget proposals that restrict Representatives in Albany. Bring your patients if they are access to physical therapy services or that reduce able and willing, so that they can attest to the importance of reimbursement. our service and the need for accessibility. 6. NYPTA will oppose legislation which would negatively Yes, the time is now and your profession needs you. Hope impact the profession including the corporate practice to see you on May 15th!  of the profession and legislation which would negatively impact physical therapy scope of practice. 4 | Empire Physical Therapy • March/April, 2012 www.nypta.org 2012 New York Legislature Committee Assignments

Higher Education:

Senate: Assembly

Brooklyn/Staten Island — Kevin S. Parker Brooklyn/Staten Island — Inez D. Barron; Central — Joseph A. Griffo; ; James L. Seward Catskill — Kevin A. Cahill; Joel M. Miller Finger Lakes —James S. Alesi; George D. Maziarz; Joseph Central — Anthony Brindisi; Marc Butler; Barbara Lifton; Robach William Magee Greater New York — ; Gustavo Rivera; José M. Eastern— Mark Butler Serrano; Finger Lakes — Joseph D. Morelle Hudson Valley — David Caarlucci; Suzie Oppenheimer Greater New York —Nelson L. Castro; Deborah Glick, Long Island — John Flanagan; Kenneth P. LaValle, Chair; Lee Chairperson; Richard N. Gottfried; Michael Simanowicz; M. Zeldin Guillermo Linares Southern Tier—James L. Seward Hudson Valley — Ellen Jaffee; Western — Mark Grisanti; Timothy M. Kennedy; George D. Long Island — James D. Conte; Steven Englebright; Michael J. Maziarz Fitzpatrick; Charles D. Lavine; Dan Losquadro Southern Tier — Marc Butler; Barbara Lifton; ; William Magee Western— Crystal D. Peoples-Stokes

Rules Committee

Senate: Assembly:

Brooklyn/Staten Island — Martin Malavé Dilan; Brooklyn/Staten Island — Rhoda S. Jacobs; Joseph Lentol; Velmanette Montgomery; Kevin S. Parker; John L. Feliz Ortiz; Helene E. Weinstein Sampson Catskill — Clifford W. Crouch; Vito Lopez; Joel M. Miller Catskill — William J. Larkin, Jr.; Stephen M. Saland Central —Gary Finch; Brian M. Kolb; Bob Oaks Central — Michael F. Nozzolio; James Seward Eastern —Ron Canestrari; Vito Lopez; James Tedisco Eastern — Neil D. Breslin; Hugh T. Farley; James Seward Finger Lakes — Daniel Burling; David Gantt; Brian M. Finger Lakes— James S. Alesi; George D. Maziarz; Kolb; Joseph D. Morelle; Bob Oaks Michael F. Nozzolio Greater New York — Jeffrion L. Aubry; Barbara Clark; Greater New York — Thomas Duane; Ruth Hassell- Vivian E. Cook; Herman D. Farrell, Jr; Deborah J. Glick; Thompson; Liz Krueger; Bill Perkins; Malcolm Smith Richard N. Gottfried; ; Peter M. Rivera; Hudson Valley — Ruth Hassell-Thompson; William J. Sheldon Silver, Chairperson Larkin, Jr.; Andrea Stewart-Cousins Hudson Valley — J. Gary Pretlow Long Island — Hemp Hannon; Owen H. Johnson; Kenneth Long Island — Steve Engelbright; Earlene Hooper; Robert P. LaValle; Dean G. Skelos, Chair; Carl L. Marcellino Sweeney Southern Tier— Tom Libous; Michael F. Nozzolio; James Southern Tier— Clifford W. Crouch Seward Western — Daniel J. Burling Western — George D. Maziarz

www.nypta.org March/April, 2012 • Empire State Physical Therapy | 5 ADVISORY PANEL ON LEGISLATION/REGULATION

Michael Mattia, PT, Chair (BSI) [email protected]

Jake McPherson, PT, DPT (W) [email protected]

Lori Monson, PT, MS, OCS (GN) [email protected]

Kathy Birnbaum (HV) [email protected]

Consultants:

Doreen Frank, PT (E) Brian Lucey, Esq. , Lobbyist

Legislative L i a i s o n s

Brooklyn/Staten Island Michael Mattia, PT, [email protected]

Catskill Jill Taylor, PT, [email protected]

Central Adam Rufa, PT, [email protected]

Eastern Nate Mosher, PT, [email protected]

Finger Lakes Catherine Talbett, PT, [email protected]

Greater New York Lori Monson, PT, MS, OCS, [email protected]

Hudson Valley Stacey Rittenberg, PT, [email protected]

Long Island Co- Liaisons: Theresa Schmidt, PT, DPT, MS, OCS, [email protected] Edith Goody, PT, [email protected]

Southern Tier Teresa Hoppenrath, PT, GCS, [email protected]

Western Mark Dirlam, PT, DPT, [email protected]

6 | Empire Physical Therapy • March/April, 2012 www.nypta.org ADVISORY PANEL ON LEGISLATION/REGULATION

www.nypta.org March/April, 2012 • Empire State Physical Therapy | 7 New York Physical Therapy Political Action Committee 5 Palisades Drive H Suite 330 H Albany, NY 12205 H 518 - 459-4499 H H 2011 CONTRIBUTOR FORM H H

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Contributions to NYPT-PAC are not tax deductible for income tax purposes. H All Contributions are voluntary and amounts , other than those suggested are welcome. H

8 | Empire Physical Therapy • March/April, 2012 www.nypta.org PROPOSED CHANGES TO PUBLIC HEALTH LAW AFFECTING EARLY INTERVENTION

By: Kelly Garceau, Assitant Director

Within the Governor’s proposed 2012-2013 budget, there are PHL §2559: Would require providers to directly bill third several major changes being proposed to the Public Health party payers through the use of a fiscal agent retained by Law (PHL) as it relates to Early Intervention. DOH. Would also require that the rates paid by insurers be negotiated between the insurer and the provider. If no in- The proposal states that the purpose of the bill is to “reform network provider is available, the out-of-network payment the EI program by implementing a series of initiatives that will be made at the State established rate. would enhance the program’s ability to identify and serve infants and toddlers with developmental disabilities and PHL §4403: Would require third party payers to have an protect vital services while providing almost $100 million adequate number of network providers qualified to perform in local savings over five years by reducing fiscal and EI services. This section would also require that the third administrative burdens on local governments.” party payers make the list of network providers available and update on a quarterly basis. Highlights of the proposed changes that are of particular concern include: WHAT CAN WE DO?

PHL §2545-a: Would require children with third party The New York Physical Therapy Association issued a insurance to select a provider approved by the Department Memorandum in Opposition (http://www.nypta.org/ of Health (DOH) and within the insurer’s network, except in associations/12840/files/ei_letter_of_opposition.pdf) that certain circumstances (would apply to children referred to was sent to all legislators on February 2, 2012. You can help the program on or after January 1, 2013). defeat this proposal by contacting your State Senators and Assembly members and tell them to oppose these changes. PHL §2554: Would require that in order to be selected by If you don’t know who your Senator or Assembly member is, parents to evaluate their child’s eligibility for EI services, an click on the following link: evaluator must belong to the provider network of the parent’s http://nymap.elections.state.ny.us/nysboe/search.asp  HMO or other insurer, if any.

PHL §2550: Would clarify that approved providers may Don't know who your state be required to enter into an agreement with DOH regarding evaluations, service coordination and EI services. All legislators are? approved evaluators and EI providers would be required to Visit APTA's State Legislative Advocacy Center at http:// maintain contracts with a sufficient number of insurers. capwiz.com/amerpta/state/main/?state=NY. You can also visit http://nymap.elections.state.ny.us/nysboe/search.asp PHL §2551, subdivision 7: Would remove the authority of the State Education Department to approve providers for the EI program who are already approved through the NY State Government Links SED to provide services in the Preschool Special Education program. • Copies of bills may be obtained from the Assembly: http://www.assembly.state.ny.us/ PHL §2552: Would remove the authorization for • Copies of bills may be obtained from the from the municipalities to contract with EI providers. This section Senate: http://www.nysenate.gov/ • New York State Home Page: http://www.ny.gov/ would also require service coordinators to provide • New York State Board of Elections: performance reports to municipalities so that they may make http://www.elections.state.ny.us/ recommendations to switch providers or service coordinators • Governor’s Office: http://www.governor.ny.gov/ if performance standards are not being achieved. • Department of Education: http://www.nysed.gov/ • Department of Health: http://www.health.state.ny.us/ PHL §2557: Would authorize DOH to contract with a fiscal • Workers’ Compensation Board: H agent for the payment of claims. http://www.wcb.state.ny.us/

www.nypta.org March/April, 2012 • Empire State Physical Therapy | 9 10 | Empire Physical Therapy • March/April, 2012 www.nypta.org Minority Members, Are We the 1% or the 99%?

By Clarence Chan, PT, DPT, Chair, Minority Affairs Committee

Since September of 2011, this country and the world learned about the new meaning “It is not my intention here to raise a political or of the word “Occupy.” It is a protest philosophical debate on the relative merit of the Occupy movement so powerful that very few of us can escape from or go about without Movement or to compare or contrast the Occupy Movement hearing about it. Inspired by other regional with the movement of the NYPTA” movements from around the globe, namely the Arab world and Spain earlier in the year, the Occupy Movement began on a Why does it matter, one may ask. What in other than those created by disasters brisk autumn day at Zuccotti Park near has the Occupy Movement got to do (natural or man-made) of epic proportion. Wall Street. In a matter of weeks, this with the NYPTA, and more specifically, This is a force to be reckoned with. movement spread across the United States the minority affairs? Quite a bit I would and elsewhere in the world. Their message say! But before I go further, let me Lesson three, the Occupy Movement could be heard from Amsterdam to Zurich, start by clarifying two points. It is not drew support. Everything from allowing from Southeast Asia to South America. In my intention here to raise a political or the use of space, delivering meals and a nutshell, all of these movements shared philosophical debate on the relative merit heaters, to providing moral and monetary a similar and straightforward vision. of the Occupy Movement or to compare support, represents extraordinary efforts They rose against social and economic or contrast the Occupy Movement with from people and resources that were inequality. The famous slogan “We are the the movement of the NYPTA. Rather, determined to maintain the sustainability 99%” not only represented the common I seek to share the lessons I’ve learned of this movement. Registered as a tax goal of the movements, it also united all from observing this recent social and exempt 501(c)(3) organization, the Occupy the people with a similar vision. So are historical event. Furthermore, I look to Wall Street Movement has gathered over you the 99%, or the 1%? Are you the underscore how some of these lessons can $700,000 just in the last quarter of 2011, majority or the minority? have strong implications on why physical reports the New York Post on January 8th, therapy professionals, the “minority” or 2012. According to the IRS report in 2009, the “majority,” members or non-members, top 1%, the so-called minority, earned must stay involved and take part in the Perhaps even more extraordinary is the an adjusted annual income of at least movement of their professional association fact that all of these efforts were created $343,927. with an average household like the NYPTA. and sustained by volunteers. Collectively, income of over $1 million. (1)(2) Although it is the people involved that determined it is not entirely impossible for a PT or Lesson one, the Occupy Movement the level of success. Unless the members PTA to reach this level of income, one can reinvigorated the power of the collective of this movement continue to commit imagine how many patients must come voice. It exemplifies the age-old axiom their time and effort, make sacrifices, through the clinic or how much of the that a common message carried out and exercise his/her free will to work insurance payment has to be collected in by a large number of people who are toward a common cause, its meaning or order for our colleagues to achieve similar passionate, persistent, and dedicated its effectiveness can vanish just as fast as elite financial status. Based on this fact, cannot be ignored. The media, politicians, it appeared. Witnessing the widespread I venture to say most of us practicing in educators, corporate and community effect of the Occupy Movement on the profession of physical therapy are the leadership must now pay closer attention multiple levels, socially, economically, and majority, the 99%. If so, perhaps we too to all of their constituents, and their politically, one may be convinced that PTs should be thinking about the movement actions and decisions can no longer be and PTAs collectively can also be an agent as one that represents the PTs and PTAs completely independent of them. of change if our colleagues with similar who are working and living in New York visions and goals are willing to work State. The NYPTA has been an on-going Lesson two, the Occupy Movement together for a common cause. movement and the voice of physical brought people together. Remember how therapy. But unlike the Occupy Movement, one fateful September morning exactly For the minority members of the NYPTA, the NYPTA represents all of us, the ten years ago that brought America we are not the 1%. We share the same majority (99%) as well as the minority together, this movement, fortunately concerns and challenges as the rest of our (1%). much less tragic, has the gravity that is no colleagues. Our goal and vision are the less resounding. It has created both local and global solidarity that is seldom seen continuted on page 12

www.nypta.org March/April, 2012 • Empire State Physical Therapy | 11 Minority Members, Are We the 1% or the 99%? continued from page 11

same--to move the profession forward 99% Movement, wrote: “Like all human improvement of our profession through the to deliver the highest quality of care that endeavors, Occupy Wall Street and its NYPTA movement. Together, we are the our patients/clients deserve and to seek thousands of variations and spin-offs 100%. legitimate and equitable compensation will be imperfect. There have already that this profession deserves. For example, been setbacks and divisions, hardships Notes: consider the NYPTA legislative plan and injury. But as our world faces (3) for 2012, there are concerted efforts to extraordinary challenges—from climate 1. http://money.cnn.com/2011/10/20/news/ address abusive practices of managed care change to soaring inequality—our best economy/occupy_wall_street_income/ companies related to physical therapy hope is the ordinary people, gathered in index.htm services and utilization practices; to urge imperfect democracies, who are finding the Workers’ Compensation Board to ways to fix a broken world.”(4) Likewise, 2.http://www.economist.com/ examine the appropriateness of the rates of our profession, and the NYPTA, had node/21543178 payment annually and to include services setbacks and divisions, hardships and provided by the PTAs; to monitor and injury, and our colleagues also faced 3. March/April, 2012, Empire State, page affect legislation pertaining to the NYS extraordinary challenges. So it is clear 4 Early Intervention program; to oppose that none of the effects of these lessons 4. Van Gelder, S., Korten, D., Piersanti, legislation that would negatively impact will hold true or can lead to any success S., Ten Ways the Occupy Movement the scope of practice of the profession unless its members remain committed Changed Everything, Nov 11, locally and nationally, such as the therapy and passionate about the movement. The 2011, Yes! Magazine. http://www. cap, corporate practices, and referral-for- ultimate lesson I learned from witnessing yesmagazine.org/people-power/ten- profit practices. These agenda items are the Occupy Movement is that no one is a ways-the-occupy-movement-changes- the collective voices that speak for any minority if we all work together to achieve everything  clinicians practicing in physical therapy. a common goal. PTs and PTAs, minority Like the Occupy Movement, we need to or otherwise, must work toward continual gather strength in numbers in order to make our collective voice heard. We need to bring our colleagues together, regardless of gender, race, practice preference, or practice setting. NYPTA must be a force to be reckoned with. Furthermore, we need to support this movement by making our voices heard through donations. Spending the time to influence legislators and funding the Political Action Committee are ways to ensure the sustainability of the NYPTA movement. Lastly, be a volunteer to represent your profession, your district, and yourself. Be part of the majority by being part of the leadership of the NYPTA movement. These are the lessons that I’ve come to appreciate long before the movement began on the brisk autumn day in September of 2011. But the Occupy Movement reaffirmed their significance.

There are those who argue the Occupy Movement isn’t perfect; it’s neither coherent nor effective. Similar criticism can also be heard from some of our colleagues expressing their view about the NYPTA. However, as Sarah Van Gelder, the editor of the book This Changes Everything: Occupy Wall Street and the

12 | Empire Physical Therapy • March/April, 2012 www.nypta.org Some of the exceptional speakers lined up for the 2012 NYPTA Conference are:

Shirley Sahrmann and Paul Hodges - 2-day lecture and demonstration - Managing Low Back Conditions Lynn Logan – Spasticity Lifespan Karen Kemmis – Osteoporosis Jim Dunleavy – ICU mobilization Shree Pandya – Exercise progression with LMN PLUS Research Programming

Don’t miss out on earning up to 13 credits with this outstanding venue!

Watch for the registration form in the May/June issue of Empire State, your mail, or at the NYPTA website: www.nypta.org www.nypta.org March/April, 2012 • Empire State Physical Therapy | 13 14 | Empire Physical Therapy • March/April, 2012 www.nypta.org Research Committee Vacancy YOU’VE BEEN

The Research Committee is currently seeking a committee REPRESENTED member to join the Research Committee starting July 1st. The primary responsibilities of the Research Committee Eastern District sponsored a booth at the Capital District are to review abstracts for the Chapter Conference, Senior Expo in Albany (10/14/11). Physical Therapy conduct a program for platform and poster presentations students (37) from Sage College assisted Eastern District at the Chapter Conference, review and recommend annual PT volunteers in providing fitness screening and education funding for the Arthur J. Nelson Designated Fund, and to over 100 seniors. In addition, the district sponsored a to serve as consultants to chapter members for research booth at the Shaker High School Career Fair. Colleen activities. Responsibilities may also include other special Schmitt spoke with over 150 students and provided projects related to objectives established by the committee. information on the PT profession(11/23/11). Although members of the committee are often physical therapists who have earned advanced research degrees, The Western District held an event in December to benefit membership is open to clinical experts who can provide the Buffalo City Mission and provided six large bags full of input and clinical perspective when reviewing abstracts, clean, packaged undergarments to the mission. grant applications, and when assessing the needs of the membership with regard to research mentorship. Term of The Public Relations Committee Sponsored a World P.T. appointments are 3 years. Day Walk Challenge. The $250 prize was awarded to Senator ’s charity choice for participation in If you are interested in being considered, please forward the event; the money was sent to the Hospice and Palliative your resume or curriculum vitae electronically to Bibiana Care, Inc. in New Hartford, NY. Braun ([email protected]). Further, feel free to contact a member of the committee (listed below) if you have any NYPTA was awarded $3000 based on a proposal developed questions about what the Research Committee membership by the Public Relations Committee. This proposal is a plan entails. to run ads in several movie theaters in various locations throughout the state. The committee is currently working Sara Gombatto, PT, PhD (Co-Chair) on further development and planning for this ad campaign. [email protected] NYPTA was represented at two coalition meetings with Hilary Greenberger, PT, PhD, OCS (Co-chair) the NYS School Board Association, the NY Occupational [email protected] Therapy Association and the NY Speech-Language- Hearing Association by Kelly Garceau, Assistant Director. Joanne Katz, PT, DPT, PhD The focus of the meetings were to strategize how and when [email protected] to address common legislative issues and to brainstorm about recent changes to Medicaid rules and requirements in Christopher Neville, PT, PhD New York State schools. [email protected] NYPTA Payment Specialists met with provider representatives of the Capital District Physicians Health Plan, an insurance company based in Upstate NY. The purpose of the meeting was to voice concern about recent changes in high deductable plans where the patient is being NYPTA Board Meeting told by their employer not to pay their deductibles at time of service. Currently awaiting responses to several questions The next NYPTA Board of Directors’ meeting posed at the meeting. will be held on May 3-4, 2012, Hilton Garden Inn in Troy, NY. Board meetings are open to all The NYPTA Lobbyist and the Assistant Director met with members, who may attend any part or the entire the Executive Director of the Workers’ Compensation Board to discuss several issues; i.e., fee schedule for meeting. Contact Kelly Garceau, 800-459-4489, physical medicine, the variance issue tied to the medical at least one month in advance if you plan to at- treatment guidelines and insurance carriers rounding down tend due to possible space limitations.  payments on claims. www.nypta.org March/April, 2012 • Empire State Physical Therapy | 15 Nominating Committee 2011 Slate of Candidates

Vice President Speaker President

Matthew Hyland, PT, PhD, MPA, Jennifer Collins, PT, EdD, MPA Christine A. McNamara, PT, DPT CSCS Describe your various roles within the What opportunities are there within the Describe your various roles within the profession of physical therapy and how office of the speaker to encourage districts profession of physical therapy and how you know you are doing the best job to increase delegate participation and you know you are doing the best job possible in each of these roles? how might you as the speaker accomplish this? possible in each of these roles? When I first read the request for the A primary role of the Speaker is to preside I have had a variety of roles within our candidate’s statement, the phrase “…and over meetings of the assembly, but I profession – clinician, practice owner, how you know you are doing the best job believe the primary function of the Speaker educator, leader – and for each, I know I am possible in each of these roles..” made me has more to do with the dissemination doing the best job possible when I see the think to myself simply, “I don’t know!”. of information to the members and the results of my dedication and commitment Thankfully, I didn’t answer immediately, facilitation of discussion and debate of to each role. put the request under a stack of other “to- dos” and decided to come back to it another that information. In addressing the issue of increasing delegate participation in the I know I’m doing my best as a clinician day. Delegate Assembly, I see the pertinent when I see my patients meet their goals. As issues as time, relevance, and value. The a practice owner, I know when I see that I Two weeks later, the first part of the member who will participate in District and am providing a professionally stimulating question is easy. My various roles within Delegate Assembly activities is one who and nurturing work environment. When I the profession of physical therapy are: will take the time, recognize the relevance, teach, I know from the excitement in the current Vice President of NYPTA, therefore and understand the value of his or her students’ faces and their thought provoking a member of the Executive Committee and participation. The office of Speaker has questions. As a leader in our association, I Board of Directors. I am also Co-Chair opportunities to contribute to each of these know I am doing the best possible job I can of the Academic Administrators Special aspects. As a NY Chapter Delegate to the with every mile I put on my car traversing Interest Group, physical therapist educator/ House of Delegates for many years, I have the state to meet with the NYPTA researcher, Program Director, and Trainer seen a significant change in the management membership, leadership and staff to move for APTA Clinical Instructor Education of information via the use of technology. In our profession forward. I am proud of the and Credentialing Program. Finally, and practice I have created with my partner, the perhaps most important, I have been the fact, I see the effective use of technology students I have taught and mentored and consumer of PT services as my parents as a primary reason for the successful shift the direction of our Chapter. struggled with aging-related problems. to a year round governance structure. I believe Districts could employ a similar I am more energized than ever about However, can anyone assuredly say she is strategy with regard to the work of the helping lead physical therapy into the doing the best possible job in all of these Delegate Assembly and as Speaker I would future. The pillars in our Vision Sentence roles? I certainly strive to do the best. What support and work for the effective use of and Vision 2020 are: Autonomous Practice, I can say after further contemplating my technology to disseminate information in a Direct Access, Doctors of Physical response, is that I am skilled at prioritizing timely and efficient manner. I envision not Therapy, Lifelong Education, Evidence the needs arising from all of these various only opportunities for real time discussion Based Practice, Practitioner of Choice, roles. By being diligent about prioritizing, of issues, but also for the need for fewer and Professionalism. I am committed to organizing my time around those priorities, face to face meetings and more effective these pillars and worked hard to personally and being proactive rather than reactive, use of time when meeting in person is I do the best possible job of fulfilling the meet them and also to advocate for them. necessary. A greater use of technology- of expectations for the situation that requires Thank you for the opportunity to take part all types – would not only make efficient attention the most at any given time. If in shaping our profession as we look well use of the delegate‘s time, it would also be granted the honor of being re-elected as beyond 2020. “Doing your best means a means of consistent member engagement. never stop trying” Abraham Lincoln. Vice President of NYPTA, I will continue to address the priority needs for these roles in a proactive and organized manner. 16 | Empire Physical Therapy • March/April, 2012 www.nypta.org List of Nominees to the 2012 Mark Your Calendar APTA House of Delegates Events scheduled for Hilton Garden Inn, Troy, New York June 24 - 26, 2012 ********* Board of Directors Meeting Salt Lake City, Utah Thursday & Friday, May 3 -4, 2012 The following names are the nominees for the position of delegate for Leader Development Workshop the 2012 House of Delegates. Other nominations will be accepted Friday, May 4, 2012 from the floor of the NYPTA’s Delegate Assembly scheduled for Saturday, May 5, 2012, Hilton Garden Inn, Troy, NY. If delegates Delegate Forum are planning to be nominated from the floor, please be prepared Friday, May 4, 2012 to have 10 copies of their biographical information to distribute to each of the delegations. Meet the Candidates Reception Friday, May 4, 2012 Kathleen Birnbaum - Hudson Valley Jennifer Collins - Finger Lakes Delegate Assembly Jeremy Crow - Greater New York Saturday, May 5, 2012 Melanie A Gillar - Greater New York 8:00 a.m. - 5:00 p.m. Rebecca Kalb - Greater New York Peggy J Lynam - Greater New York Christine A McNamara - Southern Tier Jacob I McPherson - Western Susan D Miller - Central Delegate Assembly Marilyn Moffat - Greater New York Saturday, May 5, 2012 Gabe Yankowitz - Central Hilton Garden Inn, Troy, New York Jennifer Zaleskie - Hudson Valley

The Delegate Assembly is the authoritative body that has the power to amend Bylaws and determine policies of NYPTA. Delegates are chosen on the District level. NYPTA Board of Directors’ Meeting SUBMITTAL DEADLINES: (First 3 items to Chapter Office.) January 27 & 28, 2012

March 24: Troy, NY District Annual Reports Main Motions By Jeremy B. Crow, PT, DPT, SCS, CSCS, Secretary District Delegate Registration List

April 9: On January 27 and 28, 2012 the NYPTA Board of Directors Hotel room reservations (Delegates to call the Hilton (BOD) met in Troy, New York debuting a new format for the Garden Inn directly) winter Board Meeting. This new format included only the Executive Committee, the Chapter Directors, student interns Please submit all materials to the Chapter Office. Deadlines are critical to the process of allowing the Judicial/Reference Committee participating in the Directors' Intern Program, and a few time to review motions and prepare the Delegate Assembly guests. In past winter BOD meetings, committee chairs were Handbook. also funded. The new format was an effective use of time while accomplishing all the items on the agenda and saved the association money. There are no candidates for Nominating The NYPTA Board of Directors also approved twelve Committee member. If candidates are planning to motions total. The minutes include the specifics of all be nominated from the floor, please be sure to have twelve motions and can be found at www.nypta.org. A few at least 10 copies of your biography to distribute to of the highlights are provided here. The BOD approved a the delegates. There will be no availability for this few Chapter policy and procedural changes, disbanded the to be done on-site. continued on page 20 www.nypta.org March/April, 2012 • Empire State Physical Therapy | 17 18 | Empire Physical Therapy • March/April, 2012 www.nypta.org Ethical and legal considerations regarding the utilization of support personnel in PT practice. By: Andrew Opett PT, MS, OCS, Member, Ethics Committee

New York State Education Department Rules of the Board of Regents Part 29, Unprofessional Conduct

§ 29.1 General provisions.

b. Unprofessional conduct in the practice of any profession licensed, certified or registered pursuant to title VIII of the Education Law, except for cases involving those professions licensed, certified or registered pursuant to the provisions of Article 131 or 131-B of such law in which a statement of charges of professional misconduct was not served on or before July 26, 1991, the effective date of Chapter 606 of the Laws of 1991, shall include:

10. “delegating professional responsibilities to a person when the licensee delegating such responsibilities knows or has reason to know that such person is not qualified, by training, by experience or by licensure, to perform them;”

Vision 2020 was adopted by the House of Delegates Therapy programs have all been implicated as in 2000 and is the APTA’s official statement regarding justification for the modification of the current PT the future of the practice of Physical Therapy. In practice act. According to Education Law: Article 136, the vision statement is the proposition that physical the practice act governing PTs and PTAs in NYS, § therapists will hold all privileges of autonomous 6732. “Only a person licensed or otherwise authorized practice. This implies that physical therapists shall under this article shall practice physical therapy or have the ability to independently make decisions and use the title “physical therapist”, “physiotherapist” exercise professional judgment within their scope of or “mechanotherapist” or the abbreviation of “PT” practice. It is the professional responsibility of the in connection with his or her name or with any trade physical therapist to fully understand the laws that name in the conduct of his profession. According to govern their profession to avoid scenarios that may § 6738 regarding the definition of physical therapist be deemed as unethical and constitute professional assistant, A “physical therapist assistant” means a misconduct. person certified in accordance with this article who works under the supervision of a licensed physical The supervision of support personnel by the physical therapist performing such patient related activities as therapist has been a topic of much debate in recent are assigned by the supervising physical therapist.” years. Rising health care costs, increased volume of patients seeking care, and advanced training of physical therapists emerging from Doctor of Physical continued on page 22 www.nypta.org March/April, 2012 • Empire State Physical Therapy | 19 NYPTA Board of Directors’ Meeting continued from page 17 FOR SALE original Research Task Force, and charged the Executive Well established PT practice in Central NY Committee to appoint members to a Research Action Task This well managed fully equipped practice located Force to carry out the desires of the Board of Directors as in a modern facility in a prime location is known voiced in its October 2011 motion. for its results oriented approach, dedication to patients, successful treatment outcomes and The BOD approved to establish a Strategic Plan supportive atmosphere. The practice has a large Measurement Task Force to review the Chapter Strategic referral base and enjoys a great reputation, Plan and provide recommendations to make the Strategic respected by patients and fellow medical Plan more measureable. The Task Force might provide practitioners alike. guidelines for districts and/or committees to develop and choose a measurement to collect and demonstrate the This is a great opportunity for one or more PT's achievement of specific objectives or goals in the Strategic to own and run their own practice with a full Plan. The TF might also recommend strategies to assist schedule of patients immediately. The owner districts and committees in implementing measurements into is willing to stay for a period of time to insure a their activities and actions throughout the year. smooth and successful transition. Possible owner financing with a reasonable down payment. NYPTA BOD meetings are typically filled with many actions Serious inquiries only may be directed to : James impacting the practice of the profession of physical therapy A Rishel, CPA @ 40 Chenango Ave., Clinton, NY in New York. If you need further details on any of these 13323. or [email protected] actions or those listed in the minutes, please do not hesitate to contact an NYPTA officer or your district leadership to obtain more information or to have your voice heard. We always welcome your input. 

20 | Empire Physical Therapy • March/April, 2012 www.nypta.org President’s Letter Future Changes to Goverenance continued from page 2

PHYSICAL THERAPIST RESPONSIBILITY AND confident that based upon the recommendations of the task ACCOUNTABILITY FOR THE DELIVERY OF CARE force the Board will bring additional motions to the 2012 HOD in June. New York, as the second largest Chapter with Whereas, The American Physical Therapy Association 27 Delegates, will undoubtedly play a significant role at this (APTA) Vision Statement for Physical Therapy year’s HOD -- and the outcome of any motion(s). 2020 (Vision 2020) recognizes physical therapists Meanwhile at the Chapter level we are also undergoing as practitioners characterized by independent, self- a Governance review process. In the Spring of 2010, the determined professional judgment and action; and Chapter’s Board of Directors (BOD) passed a motion to recognizes that physical therapists have the capability, undertake an extensive review of our own governance ability, and responsibility to exercise professional process. An original task force was assembled and chaired judgment within their scope of practice and to by Gabe Yankowitz to look at “how” governance review professionally act on that judgment; at the chapter level should occur and “what” should be reviewed. A report was made to the BOD and a second task Whereas, Current APTA positions, standards, force assembled to carry out the process. The task force guidelines, policies, and procedures specify the use was charged to review four main components: 1) the Board of specific personnel rather than recognizing the of Directors; 2) the Delegate Assembly; 3) Districts; and 4) responsibility and accountability that accompany Committees. the independent judgment of contemporary physical therapist practice, which is characterized by the The task force broke into three subgroups and have made autonomous professional; interim reports to the BOD. Our Communications Director will be adding a “Governance Review” link to our website Whereas, To best meet the needs of patients/ clients, so that members can follow the work of the task force. At it is necessary for physical therapists to maximize this time the tentative timeline anticipates that a final written the ability to respond to the changes resulting from report to the BOD will be ready for the winter 2013 meeting, passage of the Patient Protection and Affordable Care with potential motions coming forth for the Delegate Act, including emerging models of care delivery and Assembly in 2013. Since the NY Delegate Assembly expanding numbers of insured consumers seeking occurs prior to the 2013 HOD, the potential exists that some care, thereby providing opportunities for physical motions may not be voted on until 2014 in order to avoid any therapist leadership; conflict with APTA.

Whereas, APTA Standards of Practice for Physical Serving in a volunteer organization, whether in an elected or Therapy state that the physical therapist is responsible volunteer position, is rewarding, stimulating, and impactful. for the direction of physical therapy service, complies It also often requires making very difficult decisions, which with all legal requirements of jurisdictions regulating affect members and non-members alike. While it is usually the practice of physical therapy, involves appropriate easy to see the outcomes of these efforts, the effort and the others in the planning, implementation and assessment process themselves often go unnoticed. Therefore, I would of the plan of care, and provides or directs and like to thank the incredible efforts of my fellow officers, the supervises the physical therapy intervention; Board of Directors, those serving on committees and task forces as well as those serving on the District level and the Resolved, that the American Physical Therapy Chapter Staff for all of their hard work and dedication to Association recognizes physical therapists’ abilities keep us moving forward. It has never gone unnoticed in my to utilize appropriate support personnel, including eyes. selected aspects of physical therapy intervention. In the words of Vince Lombardi, “Individual commitment to Proviso: This position will become effective July 1, a group effort, that is what makes a team work, a company 2012. work, a society work, a civilization work.”

Similar to the process established for the Governance In good health, Review, a task force was assembled to carefully evaluate the potential impact of the motion on the Association and the practice of physical therapy. This task force made an oral presentation to the Board prior to CSM and will also be Matthew Hyland, PT, PhD, MPA, CSCS providing its full written report to the Board in April. I am President, New York Physical Therapy Association www.nypta.org March/April, 2012 • Empire State Physical Therapy | 21 Ethical and legal considerations regarding the utilization of support personnel in PT practice continued from page 19

Unique and complex situations often arise in clinical practice treatment does not exceed 6 visits or 30 days without that require clarification regarding the proper utilization of the presence of the supervising therapist, the ratio of support personnel. The term “physical therapy aide” is not PTA to supervising PT does not exceed 2:1, and a final recognized by the New York State Education department visit by the supervising PT is conducted to determine if and is therefore considered to be non-licensed personnel continued services are necessary. who cannot perform activities within the scope of physical therapy practice. The physical therapy aide is permitted to Case 2. A senior PT student has just finished an perform non-treatment related support for physical therapy 8-week clinical affiliation at an outpatient rehabilitation practice including filing, cleaning, office work, or assisting facility. The student is asked if they would like to the physical therapist with preparation for treatment. continue working in the facility until her final semester Athletic trainers are also considered non-licensed personnel starts in 3 weeks to gain additional experience. In this and are not permitted to perform physical therapy services scenario, the student PT would be considered non- regardless of the level of supervision, complexity of the licensed personnel outside of a clinical affiliation. patient, or experience level of the ATC. Although this is a senior PT student with experience at this facility, he/she would not be permitted to perform It is important for physical therapists to be aware of Part 29 services within the scope of the practice of physical of the Rules of the Board of Regents. The document states therapy. Upon graduation from a program in Physical that “delegating professional responsibilities to a person Therapy, if the student has applied and paid a fee for when the licensee delegating such responsibilities knows of the licensing and examination, and applied and paid a or has reason to know that such person is not qualified, by fee for the temporary permit, then the student would be training, by experience or by licensure, to perform them” permitted to work within the scope of physical therapy can be considered professional misconduct. Penalties for an practice under the supervision of a licensed physical individual found guilty of unauthorized practice of Physical therapist. Therapy can be found guilty of a class E felony. PTs and PTAs who have knowledge of this type of violation should Case 3. An aide is working in a long-term care facility contact the Office of Professions complaint hot line. and has been delegated by a physical therapist to Physical therapists have a professional responsibility to perform range of motion and strengthening exercises understand the laws that govern their practice in order to a resident. The aide works one-on-one with the to perform in an ethical manner and within the scope of resident but in direct supervision of the physical their profession. The following case examples provide therapist. According to the State Board for Physical clarification regarding common clinical scenarios related to Therapy, in long-term care facilities, non-licensed the supervision of support personnel. personnel can perform certain patient-related activities including range-of-motion and strengthening exercises Case 1. A physical therapist assistant working in a in residences without related pathology for the purposes home care setting performs a patient visit independently of maintenance. The State Board also reports that the without the presence of the supervising physical non-licensed individual providing such care must have therapist. An initial evaluation was performed and a received certification as Nurse Aide (CNA) as well plan of care was established by the supervising physical as additional specific training under the direction of a therapist. The physical therapist assistant has 3 years physical therapist. It is important to note here that in all of clinical experience. According to Education Law: other settings, an aide is only permitted to provide non- Article 136, the practice act governing PTs and PTAs treatment related support services for physical therapy. in NYS., a PTA can conduct a home visit independent of the supervising physical therapist provided that: the Case 4. An athletic trainer is employed by an PTA has a minimum of 2 years clinical experience, outpatient physical therapy facility and works under the the supervising PT has conducted an evaluation in the direct line of sight supervision of a physical therapist. presence of the PTA and established a plan of care, The ATC provides services such as the application of

22 | Empire Physical Therapy • March/April, 2012 www.nypta.org Ethical and legal considerations regarding the utilization of support personnel in PT practice continued from page 22 To report instances of unprofessional conduct,

hot and cold packs and taking patients with established contact the Office of exercise plans through their routine as prescribed by the physical therapist provided that no modifications Professional Discipline at of the treatment plan need to be made. In this scenario 1-800-442-8106 or an ATC would be considered unlicensed personnel and therefore is not permitted to perform and bill for [email protected]. physical therapy treatment. The level of supervision by the physical therapist is not relevant in this case.

Further information regarding this subject can be obtained from the Office of Professions at www.nysed.gov and the New York State Physical Therapy Association at www.nypta. Thank you. org . Specific excerpts on this topic from the Executive Jeremy Bittel, PT, DPT Secretary of the State Board for Physical Therapy can be found at the following web address: Ethics Committee Chair http://www.nypta.org/displaycommon. cfm?an=1&subarticlenbr=120 

Code of Ethics for the Physical Therapist HOD S06-09-07-12 [Amended HOD S06-00-12-23; HOD 06-91-05-05;HOD 06-87-11-17; HOD 06-81-06-18; HOD 06-78-06-08; HOD 06-78-06-07; HOD 06- 77-18-30; HOD 06-77-17-27; nitial HOD 06-73-13-24] [Standard]

Preamble

The Code of Ethics for the Physical Therapist (Code of Ethics) delineates the ethical obligations of all physical therapists as determined by the House of Delegates of the American Physical Therapy Association (APTA). The purposes of this Code of Ethics are to:

1. Define the ethical principles that form 5. Establish the standards by which the Physical therapist practice is guided by a the foundation of physical therapist practice American Physical Therapy Association set of seven core values: accountability, in patient/client management, consultation, can determine if a physical therapist has altruism, compassion/caring, excellence, education, research, and administration. engaged in unethical conduct. integrity, professional duty, and social responsibility. Throughout the document 2. Provide standards of behavior and No code of ethics is exhaustive nor can it the primary core values that support performance that form the basis of address every situation. Physical therapists specific principles are indicated in professional accountability to the public. are encouraged to seek additional advice parentheses. Unless a specific role is or consultation in instances where the indicated in the principle, the duties and 3. Provide guidance for physical therapists guidance of the Code of Ethics may not obligations being delineated pertain to facing ethical challenges, regardless of their be definitive. the five roles of the physical therapist. professional roles and responsibilities. Fundamental to the Code of Ethics is the This Code of Ethics is built upon the five special obligation of physical therapists 4. Educate physical therapists, students, roles of the physical therapist (management to empower, educate, and enable those other health care professionals, regulators, of patients/clients, consultation, education, with impairments, activity limitations, and the public regarding the core values, research,and administration), the core participation restrictions, and disabilities ethical principles, and standards that guide values of the profession, and the multiple to facilitate greater independence, health, the professional conduct of the physical realms of ethical action (individual, wellness, and enhanced quality of life. therapist. organizational, and societal). www.nypta.org March/April, 2012 • Empire State Physical Therapy | 23 New York Physical Therapy Association PRSRT STD A Chapter of the American Physical Therapy Association U.S. POSTAGE 5 Palisades Drive, Suite 330 PAID Albany, NY 12205-1470 Albany, NY Permit No. 370

DATED MATERIAL