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152 Cards in this Set

  • Front
  • Back
What is the primary purpose of public policy/law? ***
to protect the public
What is the purpose of public policy/law with respect to PTs/PTAs? ***
protect the public by ensuring
- providers are competent
- tax dollars are appropriately spent
Which prevails if they differ, federal or state laws? ***
generally federal

(but there are cases that state law prevails, especially if it is more stringent than the federal law)
Are state laws consistent with respect to governance of PT/PTA activities? ***
no, they vary from state to state

(this can allow "state-hopping" by less-than-qualified providers)
Laws give providers ____ and ____ but also _____ and ____. ***
rights and protections

responsibilities and limitations
What is a law? ***
a rule prescribed by a controlling authority that has binding legal force
Who creates laws? ***
- legislatures
- government agencies
- courts (judges)
List three types of laws/public policies. ***
- statutes
- regulations
- common law
Who enacts statutes? ***
legislative departments of government
Who enacts regulations? ***
government agencies (e.g., IRS)
Who enacts common law? ***
the court system and judges
What are federal statutes? ***
laws that address areas that the federal government is constitutionally permitted to regulate, and that apply to all citizens, regardless of state

(e.g., federal civil rights, interstate commerce, and federal taxation)
What are some federal statutes that affect PTs/PTAs? ***
- Americans with Disabilities Act (ADA)
- Individuals with Disabilities Education Act (IDEA)
- Social Security Act (Medicaid/Medicare)
- Health Insurance Portability and Accountability Act (HIPAA)
- Patient Protection and Affordability Act (Obamacare)
What are state statutes? ***
laws enacted to legislate areas that states are constitutionally permitted to regulate, and that apply only to those within the state

(e.g., education, insurance, professional licensing)
What are some areas the states are permitted to regulate? ***
- public/compulsory education
- gun control
- state licensure for practice (e.g., Practice Act)
What state statute(s) will affect PTs/PTAs? ***
- the Practice Act of that particular state
- insurance regulations that affect reimbursement
What areas does a state's Practice Act address? ***
- definition of physical therapy practice
- identification of providers who may legally provide physical therapy
- scope of practice
- delegation (what tasks and to whom)
- supervisory requirements
Which takes precedence, APTA guidance or the state's Practice Act? ***
the state's Practice Act
Will a state statute ever take precedence over a federal statute? ***
in some cases, where the requirements outlined in the state statute are more stringent than those in a federal statute
What is a regulation? ***
a rule that governs the operation of a government program
What are federal regulations? ***
rules of governance written by federal agencies that set guidelines for the operation of that agency and govern the actions of individuals or organizations
What are some agencies and their regulations that may affect the practice of PTs/PTAs? ***
- Centers for Medicare/Medicaid Services (CMS) regulates Medicare/Medicaid

- Department of Health and Human Services (DHHS) - regulates HIPAA

- Department of Public Health (DPH) regulates the Women, Infants and Children (WIC) program
What are state regulations? ***
rules that govern the operation of a state government program
What state regulation(s) affect PTs/PTAs? ***
the state's Physical Therapy Rules
Who is the regulating/licensing authority for PTs/PTAs in Texas? ***
The Executive Council of PT and OT Examiners (ECPTOTE)
What are the responsibilities of the ECPTOTE? ***
- advises the Texas legislature on the scope of practice
- administers examinations and licenses
- assists in prosecuting professional misconduct cases
- authors "The Rules" based on the state's Practice Act
What is common law? ***
law that has been created by court decision
Who authors common law? ***
written by judges
What is the basis for common law? ***
originally based on tradition, custom, and/or precedent

today, mostly applied in civil law
What areas does common/civil law cover? ***
civil law corresponds to these areas of common law:

- tort law (negligence and malpractice)
- family law (divorce, child custody, etc.)
- property law
- contract law
- wills
What is covered under tort law? ***
- negligence
- professional negligence (malpractice)
- vicarious liability (supervision, delegation, etc.)
- defamation (libel and slander)
What is the difference between civil and criminal law? ***
criminal law protects society as a whole; settles violations against society

civil law helps decide issues between individuals and/or groups; settles violations against another person or group
Who do state and federal prosecutors represent in criminal cases? ***
the public, society as a whole
What actions may be taken against an individual for violations of criminal law? ***
- fines
- probation
- imprisonment
- execution
Will criminal prosecution or a civil judgement against an individual affect his or her PT/PTA license? ***
it may, but it is not automatic
What may happen to a PT/PTA as a result of criminal or civil judgement against them? ***
disciplinary action by the Board
What is the typical remedy in civil law? ***
monetary compensation

(but temporary/permanent injunctions are also issued)
What is negligence? ***
failure to act as a reasonably prudent person, or failing to do something a reasonably prudent person would do under similar circumstances
What is malpractice? ***
a.k.a. professional negligence

failure to do (or avoid doing) something that a member in good standing of a profession would have done (or avoided doing) which causes subsequent injury to the patient

failure to meet a professional standard of care--a special kind of negligence

(e.g., excessive debridement or burning a patient with a hot pack)
What is necessary to prove negligence? ***
must prove:

- a duty of care was owed
- the duty of care was breached
- the breach caused loss or damage
- the defendant should be compensated for that loss
When can the policies of private organizations (e.g., APTA, schools, or employer) be legally enforced? ***
when a contract has been established and agreed upon
Per the Texas Rules, what is "Endorsement"?
the process by which the board issues a license to a person currently licensed in another state, the District of Columbia, or territory of the US that maintains professional standards considered by the board to be substantially equivalent to those set forth in the Act
Per the Texas Rules, what is "Evaluation"?
a dynamic process in which the physical therapist makes clinical judgments based on data gathered during the examination
Per the Texas Rules, what is "Examination"?
a comprehensive screening and specific testing process leading to diagnostic classification or, as appropriate, to a referral to another practitioner

the examination has three components: the patient/client history, the systems review, and tests and measures
Per the Texas Rules, what are the three components of an examination?
- patient/client history
- systems review
- tests and measures
Per the Texas Rules, what is the jurisprudence exam?
an open-book examination made up of multiple-choice and/or true-false questions covering information contained in the Texas Physical Therapy Practice Act and Board rules
Per the Texas Rules, what is "on-site supervision"?
the PT or PTA is on the premises and readily available to respond
Per the Texas Rules, what is the referral requirement?
a PT is subject to discipline from the board for providing physical therapy treatment without a referral from a qualified healthcare practitioner licensed by the appropriate licensing board, who within the scope of the professional licensure is authorized to prescribe treatment of individuals
Per the Texas Rules, who are qualifying referral sources?
- physicians
- dentists
- chiropractors
- podiatrists
- physician assistants
- advanced nurse practitioners
Per the Texas Rules, what is the "prior referrals" exception to the referral requirement?
physical therapist may treat a patient for an injury or condition that is the subject of a prior referral if several conditions are met
Per the Texas Rules, what conditions must be met for treating a patient under the "prior referrals" exception to the referral requirement?
- the PT must notify the original referring healthcare personnel of commencement of therapy by phone or letter postmarked within 5 business days

- treatment must not be for more than 20 sessions or 30 consecutive calendar days, whichever occurs first, at the end, the PT must confer with the referring healthcare personnel before continuing treatment

- the treatment can only be provided to patient/client who received the referral not more than one year previously

- the PT providing treatment must have been licensed for one year (but can delegate duties to lesser-experienced PT or to a PTA while maintaining responsibility and supervision)
Per the Texas Rules, what are the proper methods of referral?
- written document (including fax and e-mail), or

- verbally (in person or by phone)
Per the Texas Rules, if a referral is made verbally, what must also be done?
it must be received, recorded, and signed by the PT, PTA, or other authorized personnel and include all of the information that would appear on a written referral
Per the Texas Rules, physical therapy treatment may not be provided prior to the completion of an ___________.
evaluation of the patient's condition by a PT
Per the Texas Rules, who may perform screening?
PTAs may screen patients designated by a PT as possible candidates for physical therapy services
Per the Texas Rules, what is required for a PTA to perform screening?
the information collected from all patients screened must be uniform and obtained using a predetermined, standardized format
Per the Texas Rules, treatment may not be provided by a PTA or aide until _________.
the plan of care has been established
Per the Texas Rules, who may change or modify the plan of care?
only a PT
Per the Texas Rules, a PTA may modify _____ _____ as indicated in the plan of care.
treatment techniques

(e.g., altering a prescribed exercise to improve patient comfort, decreasing amount of weight used if patient is unable to complete exercises properly, etc.)
Per the Texas Rules, who must interact with the patient during each treatment session?
a PT or PTA
Per the Texas Rules, what must a PT or PTA discuss with the patient during each treatment session?
- patient's condition, and

- patient's progress and/or achievement of goals
Per the Texas Rules, a patient receiving treatment must be reevaluated by a PT:
at a minimum of once every 30 days after treatment is initiated, or at a higher frequency as established by the PT
Per the Texas Rules, may a PTA or aide continue to provide physical therapy treatment if the PT has not performed the required reevaluation?
no
Per the Texas Rules, what must a PTA include in documentation of each treatment session?
the name of the supervising PT
Per the Texas Rules, what documentation may a physical therapy aide NOT perform?
the physical therapy aide may not write in or sign any physical therapy documents in the permanent record
Per the Texas Rules, what documentation may a physical therapy aide perform?
a physical therapy aide may enter quantitative data for tasks delegated by the supervising PT or PTA
Per the Texas Rules, what constitutes a discharge summary?
final documentation for discharge of a patient, which includes patient response to treatment at the time of discharge and any necessary follow-up plan
Per the Texas Rules, who is responsible for the discharge summary? Who else may have input?
the PT is responsible for the discharge summary

a PTA may participate in the discharge summary by providing subjective and objective patient information to the supervising PT
Per the Texas Rules, who is responsible for physical therapy care rendered under his/her supervision?
the PT holds primary responsibility
Per the Texas Rules, the PT's professional responsibilities include, but are not limited to:
- interpretation of the practitioners referral
- performance and documentation of the initial physical therapy examination and evaluation of the patient
- development and documentation of a plan of care
- implementation of, or directing implementation of, the plan of care
- delegation of tasks to appropriate personnel
- direction and supervision of the PTA and physical therapy aide
- completion and accuracy of the patient's physical therapy record
- performance and documentation of the reexamination and reevaluation of the patient as described in this section; and when necessary, modification of the plan of care
- discharge of a patient or discontinuation of treatment
- development of any follow-up plan for the patient
Per the Texas Rules, a PTA may provide physical therapy services only ________.
under the supervision of a PT
Per the Texas Rules, a PTA may be assigned responsibilities by a supervising PT to _______
- screen patients designated by a PT as possible candidates for physical therapy services

- provide physical therapy services as specified in the physical therapy plan of care, including modifying treatment techniques as indicated in the plan of care

- respond to acute changes in physiological state

- teach other health care providers, patients, and family members to perform selected treatment procedures and functional activities, and

- identify architectural barriers and report them to the PT
Per the Texas Rules, the PTA may not
- specify and/or perform definitive (decisive, conclusive, final) evaluative and assessment procedures

- alter a plan of care or goals

- recommend wheelchairs, orthoses, prostheses, other assistive devices, or alterations to architectural barriers to persons

- sign progress notes which design or modify the plan of care
Per the Texas Rules, may a PTA alter a plan of care or sign a progress note which does so?
no
Per the Texas Rules, may a PTA recommend wheelchairs, orthoses, other assistive devices, or alterations to architectural barriers to persons?
no
Per the Texas Rules, who may assign responsibilities to a physical therapy aide?
the supervising PT or PTA
Per the Texas Rules, what responsibilities may be assigned to a physical therapy aide?
provision of services as specified in the physical therapy plan of care within the scope of on-the-job training with supervision by a PT or PTA who is on the premises and readily available to respond in person
Per the Texas Rules, what duties may a physical therapy aide NOT perform?
- any evaluative or assessment activities

- initiate physical therapy treatment, to include exercise instruction

- write or sign physical therapy documents in the permanent record, except quantitative data for tasks delegated by supervising PT/PTA
Per the Texas Rules, it is the responsibility of each PT and/or PTA to determine the number of PTAs and/or aides _______
he or she can supervise safely
Per the Texas Rules, what are the PT's responsibilities regarding supervision of PTAs?
- supervising PT is responsible for and will participate in patient's care
- supervising PT must be on call and readily available when physical therapy services are being provided
- a PT may assign responsibilities to a PTA to provide physical therapy services based on PTA's training that are within the scope of activities listed in par. 322.1, Provision of Services (basically screening and treatment)
- the supervising PT must hold documented conferences with the PTA regarding the patient, and is responsible for determining the frequency of the conferences consistent with accepted standards of practice
Per the Texas Rules, what are the PT's or PTA's responsibilities regarding supervision of physical therapy aides?
- a supervising PT or PTA is responsible for supervision of and physical therapy services provided by the physical therapy aide

- a PT or PTA must provide on-site supervision of a physical therapy aide, and remain within reasonable proximity during the aide's interaction with the patient
Per the Texas Rules, the board may deny a license to or discipline an applicant/respondent who is found to be practicing _____
in a manner detrimental to the public health and welfare
Per the Texas Rules, if a physical therapy facility is practicing in a manner detrimental to the public health and welfare, the board may _____
deny a registration or discipline a facility
Per the Texas Rules, what constitutes practicing in a manner detrimental to the public health and welfare (1-7)?
- failing to document physical therapy services, inaccurately recording, falsifying, or altering patient/client records
- obtaining or attempting to obtain or deliver medications through means of misrepresentation, fraud, forgery, deception, and/or subterfuge
- failing to supervise and maintain the supervision of supportive personnel, licensed or unlicensed, in compliance with the Act and rule requirements
- aiding, abetting, authorizing, condoning, or allowing the practice of physical therapy by any person not licensed to practice physical therapy
- permitting another person to use an individual's physical therapist's or physical therapist assistant's license for any purpose
- failing to cooperate with the agency by not furnishing papers or documents requested or by not responding to subpoenas issued by the agency
- interfering with an investigation or disciplinary proceeding by willful misrepresentation of facts before the agency or the board, or by the use of threats or harassment against any patient/client or witness to prevent them from providing evidence in a disciplinary proceeding or any other legal action
Per the Texas Rules, what constitutes practicing in a manner detrimental to the public health and welfare (8-11)?
- engaging in sexual contact with a patient/client as the result of the patient/client relationship
- practicing or having practiced with an expired temporary or permanent license
- failing to conform to the minimal standards of acceptable prevailing practice, regardless of whether or not actual injury to any person was sustained, including but not limited to:
---- failing to assess and evaluate a patient's/client's status
---- performing or attempting to perform techniques or procedures or both in which the PT or PTA is untrained by education or experience
---- delegating physical therapy functions or responsibilities to an individual lacking the ability or knowledge to perform the function or responsibility in question
---- causing, permitting, or allowing physical or emotional injury or impairment of dignity or safety to the patient/client
- intentionally or knowingly offering to pay or agreeing to accept any remuneration directly or indirectly, overtly or covertly, in cash or in kind, to or from any person, firm, association of persons, partnership, or corporation for receiving or soliciting patients or patronage, regardless of source of reimbursement, unless said business arrangement or payments practice is acceptable under Title 42 U.S.C. para. 1320a-7b(b) or its regulations
Per the Texas Rules, what constitutes practicing in a manner detrimental to the public health and welfare (12-17)?
- advertising in a manner which is false, misleading, or deceptive
- knowingly falsifying and/or forging a referring practitioner's referral for physical therapy
- failing to register a physical therapy facility which is not exempt, or failing to renew the registration of a physical therapy facility which is not exempt
- practicing in an unregistered physical therapy facility which is not exempt
- failing to notify the board of any conduct by another licensee which reasonably appears to be a violation of the Practice Act and rules, or aids or causes another person, directly or indirectly, to violate the Practice Act or rules of the board
- abandoning or neglecting a patient under current care without making reasonable arrangements for the continuation of such care
Per the Texas Rules, what title should a PT use?
a licensed PT shall used the title, "physical therapist" or the initials PT; no other titles or initials are conferred by a license from the Texas board
Per the Texas Rules, what title should a PTA use?
a licensed physical therapist assistant shall use the title, "physical therapist assistant" or the initials PTA; no other titles or initials are conferred by a license from the Texas board.
Per the Texas Rules, how are other titles, academic degrees, or certifications listed?
any letters designating other titles, academic degrees, or certifications must follow the initials PT or PTA

(e.g., Jane Doe, PT, DPT)
Per the Texas Rules, what sign must be prominently displayed in the place of business of each licensee?
a sign containing the name, mailing address, and telephone number of the board, and a statement informing consumers that complaints against licensees can be directed to the board
Per the Texas Rules, how often must licensees renew their licenses?
every two years (biennially) by the end of the month in which they were originally licensed
Per the Texas Rules, a licensee may not provide physical therapy services without a current license or ______ _____ in hand.
renewal certificate
Per the Texas Rules, may a licensee provide physical therapy services if their license expires after all required items are submitted but before the renewal certificate is received?
no
Per the Texas Rules, what may a licensee use in lieu of a renewal certificate?
if the renewal process is completed on line prior to expiration of the license, the printed transaction receipt may serve in lieu of the renewal certificate for the period of time specified on the receipt
Per the Texas Rules, the renewal application is not complete until:
all required items are received by the board
Per the Texas Rules, what components must be submitted for license renewal?
- a signed renewal application form or the online equivalent, documenting completion of board-approved continuing competence
- the renewal fee and late fees (if any)
- a passing score on the jurisprudence examination
Per the Texas Rules, what happens if the license expires for 90 days or less?
- the holder cannot provide physical therapy services

- the late fee imposed will be one-half of the examination fee for the license
Per the Texas Rules, what happens if the license expires for more than 90 days but less than one year?
- the holder cannot provide physical therapy services

- the late fee imposed will be equal to the examination fee for the license

- he/she must also submit documentation of continuing competence activities at the time of renewal
Per the Texas Rules, what happens if the license has been expired for one year or longer?
- the holder cannot provide physical therapy services

- the applicant must take and pass the national examination again and comply with the requirements and procedures for obtaining an original license
Per the Texas Rules, all continuing competence activities submitted to satisfy renewal requirements must be:
board approved as established in the Texas Rules
Per the Texas Rules, for each biennial renewal, how many CCUs must a PT complete? A PTA?
30 units

20 units
Per the Texas Rules, what is a CCU
a continuing competence unit, which is a relative value assigned to continuing competence activities based on specific criteria developed by the board
Per the Texas Rules, in what areas must all licensees complete two CCUs in board approved programs as part of their total continuing competence requirement?
ethics and professional responsibility
Per the Texas Rules, how is completion of CCUs verified?
the executive council conducts an audit of a random sample of licensees at least quarterly to determine compliance
Per the Texas Rules, what may result from failure to maintain accurate documentation of CCUs, or failure to submit documentation for audit within 30 days of request?
disciplinary action by the board
Per the Texas Rules, are licensees who are more than 90 days late in renewing a license included in the audit?
no, they must submit documentation of continuing competence activities at time of renewal
Per the Texas Rules, when and from whom may the board or its committees request proof of completion of continuing competence activities claimed for renewal purposes?
at any time from any licensee
Per the Texas Rules, for how long must a licensee retain proof of completion of continuing competence activities?
for four years
Per the Texas Rules, what comprises proof of completion of continuing competence activities?
- original completion documents
- certificates
- college/university transcripts
- syllabi
Per the Texas Rules, what financial issues will prevent renewal of the license?
- default on a loan from the Texas Guaranteed Student Loan Corporation

- default on court or attorney general notice of child support
Per the Texas Rules, what must an activated military member do to reinstate a license that expired during their activation?
submit renewal fees along with documentation of the dates of activation within 90 days after the active service has ended
Per the Texas Rules, what is "disciplinary action"?
imposition of a sanction by the board which may include reprimand, suspension, probation, or revocation of a license, or other appropriate requirements
Per the Texas Rules, what is "probation"?
each person whose license is suspended is placed on probation for the length of the suspension
Per the Texas Rules, what is a "reprimand"?
a public and formal censure against a license (licensee?)
Per the Texas Rules, what is "revocation"?
the withdrawal or repeal of a license

revocation is established for a minimum period of one year
(according to lecture, after a year, you can call and see if they will consider giving you your license back)
Per the Texas Rules, what is "suspension"?
the temporary withdrawal of a license

the board may suspend for one day, for a number of years, or until a specified event occurs
Per the Texas Rules, how may the board treat an individual who has been found to have a history of substance abuse?
the board may deny a license to or discipline that applicant/respondent
Per the Texas Rules, what are some other grounds for denial of a license or discipline of a licensee?
- attempting to obtain or obtaining a license by fraud, falsification, or deception of an application or examination procedure

- having a license to practice physical therapy or a license to practice another health care profession revoked or suspended or had other disciplinary action taken against him or had his application for license refused, revoked, or suspended by the proper licensing authority of another state, territory, or nation

- cheating on the national examination

- gross negligence in the practice of physical therapy or in acting as a PTA

- being adjudged mentally incompetent by a court of competent jurisdiction
Per the Texas Rules, what is gross negligence?
it may include, but is not limited to, provision of physical therapy which the therapist knew or should have known would result in severe physical injury or death of a patient
Per the Texas Rules, the board may revoke or suspend an existing valid license, or deny an opportunity to sit for the licensing examination because of a person's conviction of a felony or misdemeanor if
the crime directly relates to the practice of physical therapy
Per the Texas Rules, what crimes are directly related to the duties and responsibilities of a licensed PT or PTA?
- any felony which involves an act of fraud, dishonesty, or deceit
- any criminal violation of the Physical Therapy Practice Act or other statutes regulating or pertaining to physical therapy or the medical profession
- any crime involving moral turpitude
- murder
- assault
- burglary
- robbery
- theft
- rape or sexual abuse
- patient/client abuse
- injury to an elderly person
- child molestation, abuse, endangerment, or neglect
- felony conviction for DWI, DUI or driving while ability is impaired
- sale, distribution, or illegal possession of narcotics, controlled substances, or dangerous drugs
- tampering with a governmental record
- offenses which include attempting or conspiring to commit any of the offenses in this subsection
Per the Texas Rules, in determining whether a crime not listed in the rules relates to physical therapy, the board will consider:
- the nature and seriousness of the crime
- the relationship of the crime to the purposes for requiring a license to practice physical therapy
- the extent to which a license might offer opportunities to engage in further criminal activity of the same type as that in which the person was previously engaged
- the relationship of the crime to the ability, capacity, or fitness required to perform the duties and to discharge the responsibilities of a physical therapist or physical therapist assistant
Per the Texas Rules, in review of a complaint alleging the respondent/applicant has been convicted of a crime which directly relates to the duties and responsibilities of a PT/PTA, the board shall consider what evidence in determining present fitness to practice physical therapy?
- extent and nature of the person's past criminal activity
- age of the person at the time of commission of the crime
- conduct and work activity of the person prior to and after criminal activity
- evidence of rehabilitation while incarcerated or following release
- notarized letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the person; letters from the sheriff or police chief where the person resides; and other persons having contact with the convicted person
- records of steady employment, provision for dependents, payment of all court costs, supervision fees, fines, and restitution ordered as a result of conviction
Per the Texas Rules, upon whom is the burden and expense of proving fitness to practice physical therapy following conviction of a crime?
the burden and expense of providing and presenting supporting documentation to the board is solely that of the respondent/applicant
Per the Texas Rules, a licensee or applicant is required to report to the board a felony of which he is convicted within ______
60 days after the conviction occurs
Per the Texas Rules, all licensees practicing in Texas can practice only in
registered facilities or in practices or facilities exempted by the Act and rules
Per the Texas Rules, a facility shall not be required to register if such facility or any person providing health care services at the facility does not
perform or hold itself/themselves out as performing or offering to perform physical therapy
From where does our ethical guidance originate as PTAs? ***
from APTA's Standards of Ethical Conduct for the Physical Therapist Assistant
What types of facilities are exempt from registration?
- public schools
- nursing homes
- rehabilitation centers
- hospitals
Standards of Ethical Conduct for PTA -- Standard 1 (Respect) ***
PTAs shall respect the inherent dignity and rights of all individuals.
Standards of Ethical Conduct for PTA -- Standard 2 (Trust and Compassion) ***
PTAs shall be trustworthy and compassionate in addressing the rights and needs of patients/clients
Standards of Ethical Conduct for PTA -- Standard 3 (Judgment) ***
PTAs shall make sound decisions in collaboration with the physical therapist and within the boundaries established by laws and regulations
Standards of Ethical Conduct for PTA -- Standard 4 (Integrity) ***
PTAs shall demonstrate integrity in their relationships with patients/clients, families, colleagues, students, other health care providers, employers, payers, and the public
Standards of Ethical Conduct for PTA -- Standard 5 (Obligation) ***
PTAs shall fulfill their legal and ethical obligations.
Standards of Ethical Conduct for PTA -- Standard 6 (Continuing Competence) ***
PTAs shall enhance their competence through the lifelong acquisition and refinement of knowledge, skills, and abilities
Standards of Ethical Conduct for PTA -- Standard 7 (Accountability) ***
PTAs shall support organizational behaviors and business practices that benefit patients/clients and society
Standards of Ethical Conduct for PTA -- Standard 8 (Social Responsibility) ***
PTAs shall participate in efforts to meet the health needs of people locally, nationally, or globally
Standards of Ethical Conduct for PTA ***
Standard 1 --- Respect
Standard 2 --- Trust and Compassion
Standard 3 --- Judgment
Standard 4 --- Integrity
Standard 5 --- Obligation
Standard 6 --- Continuing Competence
Standard 7 --- Accountability
Standard 8 --- Social Responsibility
- PTAs shall respect the inherent dignity, and rights, of all individuals
- PTAs shall be trustworthy and compassionate in addressing the rights and needs of patients/clients
- PTAs shall make sound decisions in collaboration with the physical therapist and within the boundaries established by laws and regulations
- PTAs shall demonstrate integrity in their relationships with patients/clients, families, colleagues, students, other health care providers, employers, payers, and the public
- PTAs shall fulfill their legal and ethical obligations
- PTAs shall enhance their competence through the lifelong acquisition and refinement of knowledge, skills, and abilities
- PTAs shall support organizational behaviors and business practices that benefit patients/clients and society
- PTAs shall participate in efforts to meet the health needs of people locally, nationally, or globally
What is public policy?
the sum of all of the "law" of a jurisdiction on a particular issue, regardless of which body of government is the source
How are the provisions of federal and state statutes enforced?
through the federal and state court systems
What does licensure create?
- scope of practice
- authority to practice
- legal protection of the professional title
What means of control do government agencies have available to provide accountability for health care providers?
- licensure (which creates scope of practice, authorizes the person to practice, and protects use of the professional title)

- certification (which legally protects the title but doesn't create a separate scope of practice)

- registration (the least rigorous--provide name, address, qualification and pay a fee)
What is the relationship between statutes and regulations?
- statutes are (federal) law and are often used to create agencies

- the agencies clarify the statutes through regulations and ensure they are carried out

- the legislative branch oversees the agencies through the budgeting process
What is professional misconduct?
actions by licensed professionals that demonstrate an inability to meet professional standards and competently perform the duties of a licensed professional
Complaints of unprofessional conduct are typically prosecuted by the state through
administrative bodies set up for that purpose (the board) rather than being prosecuted in courts of law
What may result from a finding that a PT or PTA has committed professional misconduct?
- reprimand
- fine
- requirement to obtain remedial professional education
- probation
- suspension or revocation of license
- a combination of the above
What is vicarious liability?
(a.k.a. respondeat superior)

liability, even if not directly providing the service

regardless of who is providing treatment, the PT bears liability because his/her professional duty to the patient includes appropriate decisions regarding delegation and supervision
How does APTA define "policies" for its purposes?
as association directives defining operational or administrative activities
How does APTA define "procedures" for its purposes?
describe the actions required to achieve a result, such as those needed to implement policies
Do private policies have the force of law?
not unless set forth in a contract
Can violations of the Code of Ethics (PTs) or Standards of Ethical Conduct for the PTA be prosecuted?
yes

by APTA after a complaint is lodged with the state chapter president (or the national associations Ethics and Judicial Committee) who will consult with the state chapter ethics committee (CEC) to determine if the allegations violate the Code of Ethics

if yes, the CEC investigates

if complaint has merit, the CEC will forward the matter to the EJC with recommendations for disciplinary action; EJC will review and decide if sanctions are warranted

member may appeal to APTA BOD

affects only APTA membership--cannot affect member's license to practice or impose any fines
What are the APTA core documents?
- Standards of Practice for Physical Therapy
- Criteria for Standards of Practice for Physical Therapy
- Guidelines: Physical Therapy Documentation of Patient/Client Management
- APTA Vision Sentence and Vision Statement for Physical Therapy 2020
- Guide to Professional Conduct
- Professionalism in Physical Therapy: Core Values
- Code of Ethics for the PT
- Standards of Ethical Conduct for the PTA
- Guide for Conduct of the PTA