In this News Brief:
Plan for the New Year!
It's almost time for New Year's Resolutions! In between dusting off your running shoes or tackling that DIY project, be sure to keep these FSBPT goals in mind:
Regulatory Workshop
Leadership Issues Forum
Annual Education Meeting
Challenges with Interpreting Old NPTE Scores
FSBPT has been closely monitoring the use and interpretation of physical therapy licensing scores, particularly those obtained before the implementation of the uniform NPTE passing standard in 1996. These older scores present several challenges due to the lack of consistency and standardization across jurisdictions at the time.
Before 1996, many jurisdictions used different tests, making it difficult to ensure that the test content was comparable across regions. Additionally, some jurisdictions applied normative standards, such as scores greater than 1.5 standard deviations below the mean, which are no longer considered best practice. This inconsistency means that the same score could represent passing in one jurisdiction but not in another, depending on the test date and form.
As legislative efforts like the PT Compact and universal recognition gain traction, jurisdictions may need to reevaluate their endorsement requirements for applicants with pre-1996 examination scores. These individuals might face significant barriers to licensure despite being highly qualified, as highlighted by examples of test score reports for individuals who tested before the universal pass score was established.
FSBPT discourages boards from reinterpreting these old scores due to the complexities and potential inaccuracies involved. The reinterpretation processes often require outdated decision-making methods and complex calculations of historical data, leading to erroneous decisions. Moreover, it is challenging to argue that a test score from over two decades ago is a reliable indicator of a candidate's current ability to practice safely and effectively.
FSBPT recommends that a passing licensing test score in one jurisdiction at the time of licensure should be considered valid in any other jurisdiction, provided there are no concerns about the candidate's ability to practice safely and competently. This approach helps to ensure fairness and consistency in the licensure process, avoiding the pitfalls of reinterpreting outdated scores.
PT Compact Commission Election Results
The PT Compact Commission (PTCC) is pleased to announce the results of the recent elections held on December 16. The FSBPT Board of Directors extends our congratulations to the newly elected members of the PT Compact Executive Board:
- Chair: Corie Tillman Wolf (VA)
- Secretary/Treasurer: Charlotte Martin (LA)
- Member-at-Large (3-year term): Susan Gile (KS)
- Member-at-Large (2-year term): Laurie Kendall-Ellis (MD)
The FSBPT Board of Directors would also like to take this opportunity to acknowledge Kathy Arney for her remarkable service on the PT Compact Executive Board. After seven years of dedicated leadership, including two years as Vice Chair and five years as Chair, Kathy is stepping down. She was the last original member of the PT Compact Executive Board, and her contributions have been invaluable to the success and growth of the PTCC.
Accommodations Update
Three years after FSBPT was contacted by the Department of Justice regarding ADA accommodations offered to those taking the National Physical Therapy Exam, the matter has settled. As you may recall, prior to DOJ’s inquiry, FSBPT had relied on Paradigm, which bills itself as the “industry leader” in providing “expert review of test accommodations requests” to assess NPTE candidates’ accommodations requests, but DOJ found Paradigm’s assessment process failed to meet ADA requirements. After hearing from DOJ, FSBPT promptly ended its relationship with Paradigm and moved to conducting assessments in-house. Now, we have agreed to implement revised ADA accommodations policies and practices and provide improved training for those involved in evaluating accommodation requests. We also have agreed to pay out a total of $295,000, which will be meted out to candidates and in amounts identified by DOJ.
Model Practice Act Moment
We will focus on a different statute section from the Model Practice Act and its accompanying commentary each month.
Statute
3.04 Exemptions from Licensure [or Certification] A. This [act] does not restrict a person licensed or certified under any other law of this jurisdiction from engaging in the profession or practice for which that person is licensed if that person does not represent, imply or claim that he/she is a physical therapist, physical therapist assistant, or a provider of physical therapy as defined in Article 1, 1.02B
Commentary The importance of this model language is in not granting blanket exemption status to other healthcare professionals through language such as “Other licensed healthcare providers are exempt from the provisions of this [act].” Other professionals have occasionally attempted to exploit this language by interpreting it to mean that they are completely exempt from all provisions of the physical therapy practice act, including title protection. This is something never intended in licensure laws.
This model language, combined with other language in the Model Practice Act under Definitions, Article 1.02, Examination and Licensure, Article 3, and Use of Titles and Terms; Restrictions; Classification of Violation, Article 4.02 provides clarification of physical therapy services and ensures public protection by providing a deterrent against misrepresentation and the illegal practice of physical therapy.
The Model Practice Act does not include and recommends against exempting other practitioners such as massage therapists, athletic trainers, chiropractors, etc., who shall be providing services with similar components to physical therapy.
Available Funding Opportunities
The FSBPT Board is committed to supporting its member jurisdictions in their mission to protect the public. Join the ranks of states, including Alabama, Indiana, Iowa, Kentucky, Louisiana, Maryland, Minnesota, Mississippi, Nevada, North Carolina, North Dakota, Ohio, Oregon, South Dakota, Texas, and the Virgin Islands, that have all taken a big step toward both administrative efficiency and protecting the public. They are currently leveraging FSBPT Grants to enhance the ELDD, improve compact privilege implementation, and collect workforce data.
Your state should be next! Learn more about our available grants to help jurisdictions with enhancing your participation in or communication with our Examination, Licensure, and Disciplinary Database (ELDD), improving compact privilege implementation, or collecting workforce data.
FSBPT offers grant funding to support its member jurisdictions in their mission to protect the public. If you are interested in receiving a grant, please send an email to FSBPT's CEO, William A. Hatherill summarizing what you would like to have funded and why it is important or how it can improve efficiencies for your board.
Send Us Additional Recipients
Do you know of any individuals or groups that would be interested in receiving our monthly News Brief? Do you have new board members or staff starting in 2025? Or did someone forward this to you, and you'd like to be on our list?
Please send any referrals our way! Contact us via email at communications@fsbpt.org with information, ideas, or suggestions.
We appreciate your collaboration in our effort to further our mission to protect the public.
FSBPT Forum: President's Perspective: Artificial Intelligence use at FSBPT
FSBPT President David Relling discusses the rise of artificial intelligence (AI) in healthcare, its implications for physical therapy regulation, and the importance of balancing AI's potential benefits with ethical considerations and regulatory oversight.
Spotlight on Member Resources: Elevate Your Expertise: The FSBPT Resources Quiz Show
This session was presented during the 2024 Annual Education Meeting. Attendees enhanced their understanding and application of FSBPT resources in this engaging and informative session. Participants had the opportunity to test their knowledge and explore how these resources can benefit their jurisdictions, licensees, and the public. This interactive session was designed to be both educational and enjoyable, catering to both newcomers and seasoned professionals. Attendees joined us for an immersive experience that deepened familiarity with valuable tools and resources available through the FSBPT. Watch it now!
Many Thanks to Our Volunteers
This month, we thank our generous volunteer members for their support of our mission.
In the News
FSBPT provides the following links for your education and awareness but does not endorse the content.
"Autonomous generative AI agents: Under Development," Deloitte Insights, November 19, 2024
"Regulatory compliance: Companies across industries, including financial services and healthcare, are required to conduct periodic regulatory compliance reviews. The increased size and complexity of relevant regulations, and the dearth of compliance professionals, makes compliance a growing challenge. Startups are developing agentic AI that can analyze regulations and corporate documents, and quickly determine whether the company is compliant. The agent can cite specific regulations, and proactively provide analysis and advice to human regulatory professionals.38 Companies that use gen AI today cite regulatory compliance as their top barrier to developing and deploying gen AI, ahead of issues like a lack of AI technical talent, and implementation challenges.39 Regulatory uncertainty plays a role, but so does the reach and complexity of new regulations. By helping companies understand and comply with regulations as they’re enacted, a more agentic AI solution could help accelerate wider gen AI adoption across enterprises."
Board Report
Recently, to advance the business of FSBPT, the board approved the motions listed. Please contact your jurisdiction board liaison if you have any questions or would like additional information.
To approve the 2025 organizational goals.
Rationale: The Board of Directors annually adopts organizational goals.
Fiscal Impact: None
To adopt the FSBPT 2025 budget net income $1,939,098
Rationale: The Board of Directors annually adopts an operating budget.
Fiscal Impact: As indicated in the motion.
To adopt the FSBPT 2025 capital budget $1,373,600
Rationale: The Board of Directors annually adopts a capital budget.
Fiscal Impact: As indicated in the motion.
To adopt the 2025 reserve funding as $39,511,558
Rationale: The Board of Directors annually adopts reserve fund amounts.
Fiscal Impact: As indicated in the motion.
To donate excess funds above the reserve funding to HRRI. Final amount will be determined with final year end numbers.
Rationale: The Board of Directors annually reviews if there are funds available to donate to HRRI.
Fiscal Impact: As indicated in the motion.
To adopt the 2025 FSBPT Policies Manual.
Rationale: As a matter of procedure, the policy manuals are reviewed and approved each year.
Fiscal Impact: None.
To adopt the 2025 Personnel Policy Manual.
Rationale: As a matter of procedure, the policy manuals are reviewed and approved each year.
Fiscal Impact: None.
To adopt the 2025 NPTE Policies.
Rationale: The 2025 NPTE Policies will become effective 60 days after they have been sent to the member jurisdictions for review.
Fiscal Impact: None.
To adopt the 2025 Salary Administration Manual.
Rationale: As a matter of procedure, the policy manuals are reviewed and approved each year.
Fiscal Impact: None.
To adopt the 2025 Nominations Election Manual.
Rationale: As a matter of procedure, the policy manuals are reviewed and approved each year.
Fiscal Impact: None.
To approve 2024 grants of $4,000 for Maryland
Rationale: Grant Funding to enhance their systems for better ELDD reporting.
Fiscal Impact: $4,000
Appointments
To appoint Charles Reiter as the Public member through December 31, 2025
To appoint the following persons to the following Committees:
Continuing Competence
Priti George, MI J amie Miner, NC John Heick, AZ Barnett Keitt, SC
Education Linda Scholl, UT
Sharon Lawrence, OK
Bridget Mennie, MT
Jason Kaiser, CBA Vice Chair
Ethics & Legislation Committee
Mary Mundrane-Zweiacher, DE
Megan Certo, IN
Finance Committee
Anne Thompson, GA
Jonathan Bird, ID
Resolutions Committee
Matthew Weigel, SD
Sexual Misconduct & Boundaries Committee
David Harris, TN
Laurri Wallace, GA
Catherine Dower, CA
To appoint the following persons to the following task forces:
Animal PT Model Regulatory Language Taskforce
Charles Harvey, NV
Michael Rennick, OR
Karen Atlas, APTA SIG
Jennifer Pedigo, Veterinarian Board Rep.
Linda Scholl, UT
teve Johnson, WI
Large Animal PT Representative
Course Work Tool 7 Development and Validation Taskforce
Doreen Stiskal, CAPTE ACAPT Representative
Amy Bayliss, IN
Arvie Vitente, NM
Paul-Neil Czuko, NY
Tarang Jain, AZ
Morris Beato, FL
PTA Tool 3 Development and Validation Taskforce
Sharan Zirges, CAPTE
Angela Lippielo, PTA ED SIG
Frances Wedge, IL
Liyongo Tolin, MI
Susan Callanan, IA
Janice Haas, PA
Deborah Molnar, NY
Workforce Data Structure Approaches Taskforce
Nancy Kirsch, Chair, NJ
Kathy Arney, NC
Jeanne DeKrey, ND
Harvey Aikman, TX
Jason Kaiser, CA
Missy Anthony, OH
Katie Brittain, LA
Jennifer Garret, WI
FSBPT Board of Directors
Members of the board of directors serve as liaisons to multiple jurisdictions.
| Stephen Curley Alabama, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, Tennessee, and West Virginia | | | Craig Miller Illinois, Indiana, Kansas, Maryland, Michigan, Missouri, Ohio, and Utah | |
| David Relling Hawaii, New Jersey, North Dakota, Puerto Rico, South Dakota, and Virgin Islands | | | Steven Scherger Arkansas, Colorado, Florida, Minnesota, New Mexico, Oklahoma, South Carolina, and Texas | |
| Michelle Sigmund-Gaines Alaska, Arizona, California, Idaho, Montana, Oregon, Washington, Wyoming | | | Michele Thorman Delaware, District of Columbia, Iowa, Nebraska, Nevada, Virginia, and Wisconsin | |
| Krista Wolfe Connecticut, Maine, Massachusetts, New Hampshire, New York, Pennsylvania, Rhode Island, and Vermont | | | Charles E. Reiter The public member of the board does not serve as a liaison to jurisdictions | |
Did you know...?
FSBPT’s Board of Directors wants members to know staff is available to assist any jurisdiction with writing statutory or regulatory language. When you are crafting new laws or regulations/rules, especially involving FSBPT products such as the NPTE or Coursework Tool, or controversial topics such as dry needling, FSBPT is a resource to remember!
Staff Contact Information
Staff Contact Information
If you have questions, challenges or ideas, we want to hear from you!
(703) 299-3100
| Subject | Point of Contact/Email Address |
| ADA accommodations | Christine Sousa |
| Assessment or examination development questions | Lorin Mueller npte@fsbpt.org |
| Continuing competence | Jeffrey M. Rosa |
| Credentials review | Jaime Nolan, FCCPT |
| ELDD- Exam, Licensure and Disciplinary Database participation | eldd@fsbpt.org |
| Exam registration processing | Christine Sousa |
| Foreign educated issues | Leslie Adrian |
| Immigration | Jamie Nolan |
| JAM- Jurisprudence Assessment Module | JAM@fsbpt.org |
| Legislation or Model Practice Act | Leslie Adrian |
| Meeting arrangements | Paul Delaney |
| NPDB reports/questions | Angela Burnham |
| PTC- Physical Therapy Compact | compact@fsbpt.org |
| PEAT®- Practice Exam & Assessment Tool | peat@fsbpt.org |
| Reimbursement of expenses Other financial matters | David Sigman, ext. 226 |
| School reports | schoolreports@fsbpt.org |
| Score transfer & reporting | Christine Sousa |
| SCP PET- Supervised Clinical Practice Performance Evaluation Tool | scppet@fsbpt.org |
| Security issues | Susan Newman security@fsbpt.org |
| Anything else, including news to share with members | William A. Hatherill Caitlin Jennings Communications@fsbpt.org |
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| | Merry Christmas, Happy Hanukkah, Happy Kwanzaa, and Happy New Year to one and all! From the winter jasmine-covered banks of the Potomac, where the fish are faster, the fishing boats are longer, and the fishermen are still full of stories. - William A. Hatherill, CEO
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