Thursday, April 18, 2024

PT encroachment / scope of practice

Ted A. Trower

The following is from the APTA:

A Request from the Arkansas Chapter President
In January 2003, the Arkansas State Board of Chiropractic Examiners fined APTA
member Michael Teston, PT, $10,000 for the unlicensed practice of chiropractic,
based on its finding that he performed a “spinal manipulation which can only be
performed by a licensed Chiropractor.” Teston is appealing the decision to the
Circuit Court. Before the Chiropractic Board disciplined Teston, the Arkansas
State Board of Physical Therapy issued a declaratory order finding that his
treatment of the patients was within the scope of physical therapy. The case is
of interest to physical therapists across the country because it raises a
question concerning the power of one licensing board to discipline a
professional licensed by another board – particularly after that board already
has determined that the individual was acting within the scope of his/her
license. The APTA Board of Directors has approved a matching grant of up to
$10,000 to the Arkansas Chapter with respect to funds the chapter raises to
support Teston’s case. Legal costs are higher than the $20,000 that the chapter
and APTA already have pledged. Arkansas Chapter President Sam Denton, PT, is
asking for additional support from components and members. Contributions to
Teston’s legal defense fund can be made to: Arkansas Physical Therapy
Association, 9 Shackleford Plaza, Suite 1, Little Rock, AR 72211, Attn:
Jennifer
Coleman, Executive Director. Contributions should indicate that they are
for the
Michael Teston Legal Fund. For more information, please visit Michael Teston’s
Web site at
http://www.defendphysicaltherapy.com.

The following appeared in last week’s PT Bulletin online:

Arkansas PT Chronicles Chiropractic Fight on Web Site

An Arkansas physical therapist who was fined by the state’s chiropractic
board has created a Web site to alert other PTs about how the decision
limits the scope of physical therapy practice as defined by the state’s
practice act.

In December 2002, the Arkansas State Board of Chiropractic Examiners fined
APTA member Michael Teston, PT, $10,000 for using “chiropractic technique.”
Teston is appealing the decision to the Circuit Court. According to Teston’s
Web site, the Chiropractic Board reported to the Federation of Chiropractic
Licensing Boards that its number one achievement in 2002 was fining Teston
for practicing chiropractic without a license. The board also reported
<http://www.fclb.org/Conference2003/2003Arkansas.pdf>
that one of its
biggest challenges for 2003 would be to continue to discourage physical
therapists from performing procedures that chiropractors consider to be
chiropractic.
APTA’s Board of Directors in December approved a matching grant of up to
$10,000 to the Arkansas Chapter
[http://www.arpta.org/]
with respect to
funds the Chapter raises to support Teston’s case. For more information on
Teston’s case, go to www.defendphysicaltherapy.com/
<http://www.defendphysicaltherapy.com/>.

————————————————————–

It seems that the Chiropractors may have shown us the way to fight the PT’s
declaration that their scope of practice includes all elements of O&P. Of
course this will only work in the states that have passed licensure and
have and O&P practice board.

Ted A. Trower C.P.O.
A-S-C Orthotics & Prosthetics
Jackson, MI, USA
www.amputee.com

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