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NEW JERSEY STATE BOARD OF PHYSICAL THERAPY EXAMINERS A regular meeting of the New Jersey State Board of Physical Therapy Examiners was held at 124 Halsey Street, Newark, New Jersey, in the Somerset Conference Room, 6th Floor, on Tuesday March 25, 2008. The meeting was convened in accordance with the provisions of the Open Public Meetings Act. Nancy Kirsch, Chairperson of the Board, called the meeting to order at 9:35 A.M. and a roll call was taken and the following attendance was recorded:
CAROLANNE AARON, P.T Excused Also present were: Carmen Rodriguez, Deputy Attorney General; Lisa Petrowski, Assistant to the Executive Director; Susan Gartland, representative of the Division of Consumer Affairs; Members of the public: Lisa Chamberlain, PT, representative of the APTA-NJ and Kenneth Mailly, PT I. APPROVAL OF THE MINUTES OF FEBRUARY 26, 2008 BOARD MEETING Upon a motion made by Barbara J. Behrens and seconded by Jean Bickal, the Board voted to accept the minutes of February 26, 2008 Board meeting as amended. A vote was taken and the motion carried by a unanimous vote. II. NEW BUSINESS
A. Letter from Suri Granek, PT Ms. Granek inquired whether a physical therapist supervisor practicing in a contiguous building can sign off on the notes of a physical therapist assistant practicing in another building. The Board will advise Ms. Granek that a physical therapist supervisor can sign off on the notes of a physical therapist assistant practicing in another building if the supervising physical therapist is practicing in a contiguous building.
B. Letter from Salvatore Luciano, PT Mr. Luciano advised the Board that Medicare changed their regulations concerning plan of care for physical therapy, specifically a plan of care is valid for 90 days. Mr. Luciano inquired whether a plan of care is valid for 90 days in the State of New Jersey for a Medicare patient. The Board will advise Mr. Luciano that Medicare regulations should be adhered to when treating patients with Medicare coverage. The Board does not establish reimbursement policies. The Board will also provide Mr. Luciano with the New Jersey State Board of Physical Therapy Examiners’ statutes and regulations.
C. Letter from Princeton HomeCare Services Princeton HomeCare Services asked whether a physical therapist can complete a medication reconciliation. Medication reconciliation consists of listing prescription medications that are in the home of a home care patient in the patient’s chart. The Board will advise Princeton HomeCare Services that a physical therapist can complete a medication reconciliation.
D. Letter from Joanne Brown of OnlineCE.com Online CE.com submitted five courses for the Board’s review and approval in 2006. Ms. Brown of OnlineCE.com requested a refund for the courses that were not approved and for the courses that are still pending. The Board noted that the Board requested additional information from OnlineCE.com concerning their course submissions and did not receive the additional information requested from OnlineCE.com. The Board also noted that the Board provides a reason for its denial of a course to the sponsor and the sponsor has the opportunity to appeal the denial in a timely fashion. A motion was made by Barbara J. Behrens and seconded by Karen Wilk to deny Ms. Brown’s refund request. The $100.00 fee per course submission does not guarantee course approval. The fee is for the processing of the course which includes administrative work and time spent reviewing the course. A vote was taken and the motion carried by a unanimous vote.
E. Letter from Jennifer Inglett, PT Ms. Inglett wrote the Board concerning the jurisprudence course requirement for this biennial renewal period. Ms Inglett referred to the Board’s minutes of September 25, 2007 which stated, "Beginning February 1, 2008, New Jersey licensed physical therapists and physical therapist assistants must take a 2 hour course in jurisprudence concerning the New Jersey Physical Therapy Practice Act..." and had a concern that licensees were not notified of the Board’s decision and was also concerned that there would not be enough courses available for every licensee to meet the jurisprudence credit portion of the continuing education requirement. The Board will advise Ms. Inglett that N.J.A.C. 13:39A-9.2 does not mandate that the content of the jurisprudence credits be on the New Jersey Physical Therapy Practice Act. The Board will also advise Ms. Inglett that New Jersey licensed physical therapists and physical therapist assistants can receive credit for approved jurisprudence courses that concern other laws relating to the practice of physical therapy. F. Election of Delegate, Alternate Delegate, and Administrator to attend the FSBPT (Federation of State Boards of Physical Therapy) Annual Meeting A motion was made by Karen Wilk and seconded by Cindy Moore to elect and send Barbara J. Behrens as the Delegate and Mary Browne as the Alternate Delegate to attend the FSBPT Annual Meeting held on September 13-15, 2008. Karen Wilk is also willing to serve. A vote was taken and the motion carried by a unanimous vote.
G. E-mail from Jeannie Evenson of Cross Country Education Ms. Evenson noted that the Board request that a Curriculum Vitae be submitted with applications for course approval. Ms. Evenson inquired if the resumes that Cross Country Education have been submitting with their applications are acceptable. Ms. Evenson also asked the Board for clarification concerning changes in the approval process of continuing education courses submitted by sponsors. The Board will advise Ms. Evenson that the resumes are acceptable as long as it contains sufficient information to substantiate the speakers qualifications to present the topic. The Board will provide Ms. Evenson with a copy of the Board’s revised application for course approval. The Board will advise Ms. Evenson that the Board is continually reviewing the continuing education approval process and makes changes when necessary to improve upon the process.
H. Letter from Betty Maloney of Advanced Physical Therapy Associates Ms. Maloney advised the Board that Advanced Physical Therapy Associates was interested in sponsoring a jurisprudence and ethics course. The Board will advise Ms. Maloney that Advanced Physical Therapy Associates can submit an application to the Board for approval of jurisprudence courses concerning other laws relating to the practice of physical therapy.
I. Letter from Tami Zappa of Empi Corporation Ms. Zappa inquired whether a New Jersey licensed physical therapist can maintain medication on-site and whether New Jersey licensed physical therapists had prescribing authority. Ms. Zappa inquired whether it was necessary for a physician to be within the same facility that a physical therapist practices and if a physician could delegate medication administration to a physical therapist. Ms. Zappa also inquired if a physical therapist could administer medication to a patient through a patch if the patient brings their own prescribed medication to the facility. The Board will advise Ms. Zappa that medication for Iontophoresis and Phonorphoresis can be maintained on-site for the patient as long as the medication is stored in the original container labeled by the pharmacist with the patient’s name to maintain the integrity of the medication and to be issued solely to the prescribed patient. The Board will advise Ms. Zappa that it is not necessary for a physician to be within the same facility that a physical therapist practices. The Board will advise Ms. Zappa that a physical therapist cannot administer medication unless it is for Iontophoresis or Phonophoresis and it is consistent with the patient’s physical therapy plan of care. The Board will also advise Ms. Zappa that a physical therapist may administer a patch medication to a patient if it is for Iontophoresis or Phonophoresis as long as it is consistent with the patient’s physical therapy plan of care and the patient brings their own prescribed medication to the facility in its original package.
J. Letter from Bharat K. Ravaliya, PT Mr. Ravaliya advised the Board that he attested on his renewal application that he completed the continuing education requirement because he believed he would be able to complete the continuing education requirement by January 31, 2008. Mr. Ravaliya advised the Board that he did not complete the requirement due to a personal matter. Mr. Ravaliya also advised the Board that he would like to place his license on inactive status as he will not be practicing physical therapy in New Jersey. The Board will place Mr. Ravaliya’s license on inactive status. The Board will advise Mr. Ravaliya that he cannot practice physical therapy in the State of New Jersey until he reactivates his physical therapy license. The Board will further advise that in order to reactivate his physical therapy license he will be required to provide the Board with 30 continuing education credits taken within two years preceding reactivation. In the event his physical therapy license is on inactive status within two consecutive renewal periods, he will be required to provide the Board with 60 continuing education credits taken within four years preceding reactivation. Additionally, he will need to contact the Board office in writing that he wishes to reactivate his physical therapy license and provide a reactivation fee which is currently one hundred and ten dollars$110.00) and complete a current criminal history background check.
K. Letter from Anne Clark, PTA Ms. Clark advised the Board that she attested on her renewal application that she completed the continuing education requirement because she believed she would be able to complete the continuing education requirement by January 31, 2008. Ms. Clark advised the Board that she is not currently practicing and would like to place her license on inactive status. The Board will place Ms. Clark’s license on inactive status. The Board will advise Ms. Clark that she cannot practice physical therapy in the State of New Jersey until she reactivates her physical therapy assistant license. The Board will further advise that in order to reactivate her physical therapy assistant license she will be required to provide the Board with 30 continuing education credits taken within two years preceding reactivation. In the event her physical therapy assistant license is on inactive status within two consecutive renewal periods, she will be required to provide the Board with 60 continuing education credits taken within four years preceding reactivation. Additionally, she will need to contact the Board office in writing that she wishes to reactivate her physical therapy assistant license and provide a reactivation fee which is currently one hundred and ten dollars ($110.00) and complete a current criminal history background check.
L. Letter from Ellen L. Bleidorn, PT Ms. Bleidorn’s New Jersey physical therapy license is on inactive status. Ms. Bleidorn advised the Board that she is not ready to activate her license now but asked for instructions on how to activate her license and clarification as to how many continuing education credits are required for activation. The Board will advise Ms. Bleidorn that in order to reactivate her physical therapy license she will be required to provide the Board with 30 continuing education credits taken within two years preceding reactivation. In the event her physical therapy license is on inactive status within two consecutive renewal periods, she will be required to provide the Board with 60 continuing education credits taken within four years preceding reactivation. Additionally, she will need to contact the Board office in writing that she wishes to reactivate her physical therapy license and provide a reactivation fee which is currently one hundred and ten dollars ($110.00) and complete a current criminal history background check.
M. Letter from Hany Hamameh Mr. Hamameh advised the Board that the college he attended in Palestine, Alrawda University, cannot send his transcript directly to the Foreign Credentialing Commission on Physical Therapy due to the on going civil unrest. Mr. Hamameh advised the Board that he has copies of his transcript and asked the Board for a letter of exception of the regulation requiring that a transcript be received directly from the issuing institution in a sealed envelope. The Board will advise Mr. Hamameh that the Board denied his request for an exception letter as the Board also requires that a transcript be sent directly from the University in a sealed envelope. The Board will advise Mr. Hamameh that the Board will only accept a copy of a transcript if the Foreign Credentialing Commission on Physical Therapy (FCCPT) receives the original transcript in a sealed envelope and certifies that the copy FCCPT forwards to the Board on the applicant’s behalf is a true certified copy.
N. Memorandum of Understanding Between the Board of Physical Therapy The Board reviewed the signed agreement, Memorandum of Understanding Between the Board of Physical Therapy Examiners and the University of Medicine and Dentistry School of Health Related Professions. Continuing education courses submitted by continuing education sponsors to the Board will now be reviewed by the UMDNJ Continuing Education Evaluation Services. Final course approval will be determined by the New Jersey State Board of Physical Therapy Examiners based on the recommendations of the UMDNJ School of Health Related Professions.
O. Board Discussion Beginning February 1, 2008, New Jersey licensed physical therapists and physical therapist assistants must complete 4 credits of jurisprudence and professional ethics as part of the required thirty credit hours of continuing education pursuant to N.J.A.C. 13:39A-9.2(a). The Board is exploring different avenues in which to implement a jurisprudence course which would focus on the New Jersey Physical Therapist Licensing Act of 1983 and its regulations. The Board will advise the continuing education sponsors it has on file that they can submit an application to the Board for approval of jurisprudence courses concerning other laws relating to the practice of physical therapy.
P. Letter from Warren Curtis, PT Mr. Curtis advised the Board that he did not receive his renewal form due to mail theft in his area. Mr. Curtis asked the Board to waive his reinstatement fee due to the circumstances as he would have renewed his physical therapy license by January 31, 2008 if he received his renewal information. A motion was made by Mary Browne and seconded by Susan Quick to deny Mr. Curtis’ request for a waiver of the reinstatement fee. It is the responsibility of the licensee to be aware of the license expiration date and to renew the license prior to its expiration. A vote was taken and the motion carried by a unanimous vote. III. OLD BUSINESS
A. Board Discussion with Charles Manning, Regulatory Analyst Charles Manning, Regulatory Analyst, met with the Board regarding additional language for N.J.A.C. 13:38A-9.3 Acceptable course offerings; credit hour calculation. The Board will review a draft of the additional language at a future Board meeting.
B. Letter from John Lugo, PT Mr. Lugo inquired whether a chiropractor not certified to perform surface nerve conduction studies can hire a physical therapist to perform surface nerve conduction studies. The Board will advise Mr. Lugo that he should contact the New Jersey Board of Chiropractic Examiners concerning his question. IV. FOR YOUR INFORMATION A. Signed Settlement - Maria Sarabok, PT The Board is in receipt of a signed Settlement letter from Maria Sarabok, P.T. The Board found the physical therapist in violation of N.J.S.A. 45:1-7.1(b) and ( c) as she failed to renew her license within thirty days of the January 31, 2006 renewal period and she continued to practice with a suspended license for approximately seventeen months. The physical therapist was issued a $2,500.00 civil penalty. The Board considers this matter to be concluded.
B. New Jersey State Board of Medical Examiners The Board reviewed the New Jersey State Board of Medical Examiners’ January 9, 2008 Open Minutes of Disciplinary Matters Pending Conclusion and considered them informational.
C. New Jersey State Board of Medical Examiners The Board reviewed the New Jersey State Board of Medical Examiners’ January 9, 2008 Open Board Minutes and considered them informational.
D. New Jersey State Board of Medical Examiners The Board reviewed the New Jersey State Board of Medical Examiners’ March 19, 2008 Open Agenda of Disciplinary Matters Pending Conclusion and considered it informational.
E. New Jersey State Board of Medical Examiners The Board reviewed the New Jersey State Board of Medical Examiners’ March 19, 2008 Open Board Agenda and considered it informational.
F. Occupational Therapy Advisory Council The Board reviewed the Occupational Therapy Advisory Council’s March 13, 2008 Public Session Agenda and considered it informational. APPLICATIONS APPROVED BY THE BOARD
1. Gayles Reas APPLICATIONS NOT APPROVED BY THE BOARD
1. Sharmilee Dixit Upon a motion made by Jean Bickal and seconded by Susan Quick, the Board voted to go into Executive Session to discuss the following matters involving investigations of violations of the Board’s enabling act, the Uniform Enforcement Act and/or Board regulations. 1. Nine matters filed with the Board, which require review and additional recommendation with regard to investigations and/or actions. 2. Eight matters where additional information has been submitted to the Board concerning pending investigations ADJOURNMENT The Board returned to Public Session and a motion was made by Cindy Moore and seconded by Mary Browne to adjourn the meeting at 3:00 P.M. A vote was taken and the motion carried by a unanimous vote.
Respectfully submitted,
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