New Mexico Physical Therapy Board

Board Meeting – 2/22/13

Location: Regulation and Licensing Department

5200 Oakland NE, Albuquerque, NM 87113

February 22, 2013 at 11:00 a.m.

MEETING MINUTES

1. CALL TO ORDER & ROLL CALL

At 11:08 a.m. the Board Chair, Robert Pattillo, called the meeting of the New Mexico Physical Therapy Board to order. Roll was taken by the administrator a quorum was present.

MEMBERS PRESENT: Robert Pattillo, Chair, Professional Member

Alfred (Al) Cata, Vice-Chair, Public Member

Robert Romero, Professional Member

Jetta Reynolds, Public Member

Wendy Bircher, Ed.D., Professional Member

BOARD COUNSEL: Mona Valicenti, Assistant Attorney General

STAFF PRESENT: Savana Simbola, Board Administrator

Annette Thompson-Martinez, Team Leader

Teresa Ortega, Administrative Assistant

Janelle Sanchez, Compliance Liaison

(Refer to Sign In Sheet for Other Guests)

Robert Romero would like for online renewals to be discussed and amending the agenda to add the discussion of online renewals.

2. APPROVAL OF AGENDA

Ms. Bircher made a MOTION to approve the agenda as amended. Mr. Cata SECONDED the motion which was PASSED by UNANIMOUS APPROVAL.

3. APPROVAL OF MINUTES

Ms. Bircher made a MOTION to approve the August 23, 2012 minutes as written. Mr. Cata SECONDED the motion which was PASSED by UNANIMOUS APPROVAL.

4. NEW BUSINESS

4.1  INTRODUCTION OF STAFF Savana Simbola, Board Administrator, Annette Thompson-Martinez, Team Leader, Teresa Ortega Administrative Assistant, Janelle Sanchez, Compliance Liaison. Ms. Simbola introduced herself and the other staff that was present. She reported that she has been with the physical therapy board for just about a month. She also reported that the Physical Therapy board is just finishing up renewals and informed the board of the status of renewals that she has been involved in thus far. She also let the board know that she is ready to learn the board and looks forward to working with the board members.

4.2  ADMINISTRATOR REPORT

Ms. Simbola reported on the status of the Physical Therapy renewals and gave a brief overview of what she has been involved in since starting with the board January 22, 2013.

4.3 RATIFICATION OF PT AND PTA LICENSES ISSUED

Mr. Romero made a MOTION to approve the ratification of PT and PTA licenses issued. Mr. Cata SECONDED the motion which was PASSED by UNANIMOUS APPROVAL.

4.4 CHEMICALLY IMPAIRED THERAPISTS

The board members discussed at length the need to address therapists with substance abuse issues. They also discussed how to the board should handle issues with applicants who may have had legal issues or substance abuse. It was determined that this would need to be handled on a case by case bases on these types of issues. The board talked of the need to establish a process on how to handle these types of licensure issues. The board wants to ensure that the same process is followed at all times with these types of issues. It was brought up what types of referrals can be made for an impaired practitioner. The board counsel Mona Valicenti let the board know that the Physical Therapy board does not have an Impaired Practitioners Act in the current rules and regulations. The board then discussed that at some point doing a rule change to add an Impaired Practitioners Act.

4.5 NPTE TEST/REMEDIAL WORK REQUIREMENT

The board discussed the requirement for remedial work. They went over how an applicant can show proof of completing remedial work. Ms. Ortega gave the board an overview of how she processes remedial work from the supervisor to make sure it is complete. The board went over the options for applicants that do not pass the exam, what types of training/remedial work that would need to be completed in order to pass the exam. The board would like for the remedial work to be available to all applicants via the physical therapy board’s website. Ms. Bircher will be the contact for review of all remedial work requests from applicants. Below is the breakdown of the Remedial Work Requirement that the board now wants to be used for all applicants that fail the exam more than 4 times:

Prior to completing the following remedial work, the applicant must submit a letter to the NM PT Board that outlines the following steps that must be completed for the applicant to sit for the National Licensing Exam for PT/ PTA. This process must be approved by the NM PT Board before the applicant can initiate this plan.

After the fourth failure of the national licensing exam for PT/PTA applicants, the applicant must complete the following remedial work to sit for the exam again:

1.  Letter confirming completion of remedial clinical mentorship with a licensed PT/PTA supervisor for:

a.  160 hours in an outpatient clinic/facility

b.  160 hours in an inpatient/rehabilitation clinic/facility

c.  160 hours in a clinic/facility of their choice

2.  Letter confirming completion of a National Licensing Review Exam Course of their choice

3.  Letter confirming (with both scores listed) from the completion of the FSBPT PEAT Exam

4.6 LETTER FROM DISABILITY RIGHTS NEW MEXICO

Ms. Bircher gave the board some information regarding the DD wavier. The board agreed that the information requested in letter from Disability Rights New Mexico can be found in the statue of the NM Physical Therapy Practice Act section 61-12D-12 Supervision.

4.7 HOWARD UNIVERSITY PHYSICAL THERAPY STUDENT RESEARCH

The board advised the Board Administrator Ms. Simbola to notify the letter writer that a list of PTs and PTAs can be purchased from the board for the research that is needed by Howard University.

4.8 DIFFICULTY WITH ONLINE RENEWALS

Mr. Romero wanted to add the discussion of difficulty of online renewals for the Physical Therapy board. Ms. Simbola let the board know some of the issues that she has become aware of since she has been with the board. The Physical Therapy board was without a board administrator since October of 2012. Teresa Ortega was the only person in the office to assist/process renewals. The board has concerns regarding online renewals that were not completed by the expiration date of the license February 1, 2013. The board wants to ensure for the next renewal cycle that all online renewals that are complete prior to the expiration date of the license be completed in the board office to ensure that no licensees are at risk of practicing without a current/active license. Ms. Simbola assured the board that the board staff for the next renewal cycle will try to ensure all online renewals are complete in the board office prior to the expiration date of the license and will notify licensees of an incomplete renewal as soon as possible.

5. EXECUTIVE SESSION

Ms. Bircher made a MOTION to close the New Mexico Physical Therapy Board meeting in order to enter into Executive Session pursuant to the Open Meetings Act, NMSA 1978, Section 10-15-1-H, 1&3, authorizing closed sessions for discussion of matters pertaining to licensing, renewal, suspension or revocation of a license as listed on the agenda. Mr. Romero SECONDED the motion, PASSED by UNANIMOUS APPROVAL.

Roll Call Vote:

Bob Pattillo, Chair, Professional Member Yes

Al Cata, Vice-Chair, Public Member Yes

Robert Romero, Professional Member Yes

Jetta Reynolds, Public Member Yes

Wendy Bircher, Professional Member Yes

Let the record show that at 1:23 p.m. the Board entered into Executive session and the recorder was turned off.

Applications

Ryan Crandall

Complaints

PT-2012-05

PT-2012-08

PT-2012-09

PT-2012-11

PT02, 04-09

PT03, 07-09

PT-2012-04

Renewals

PT #1597

PTA #A-0687

Back in Open Session

Let the record show that the recorder was turned back on at 2:08 p.m. and the New Mexico Physical Therapy Board returned to open session. Pursuant to 10-15-1-H.1&3, of the Open Meetings Act, the matters discussed in the closed session were limited to the items listed in the motion.

6. BOARD ACTION ON MATTERS DISCUSSED IN CLOSED SESSION

6.1 Ryan Crandall

Mr. Romero made a MOTION for applicant Ryan Crandall to complete Clinical internship 240 hours outpatient/240 hours inpatient the internship must be submitted to the board office to be reviewed by Ms. Bircher before starting the internship. Once complete applicant will need to submit/supervisor will need to submit written verification of completion along with contact information for the supervisor should the board have questions. Mr. Cata SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

COMPLAINTS

6.2 PT-2012-05

Mr. Romero made a MOTION to dismiss complaint as the complaint is unfounded no violation of the rules or statue. Ms. Reynolds SECONDED the motion. Motion PASSED. Mr. Cata recused.

6.3 PT-2012-08

Mr. Romero made a MOTION to table till next meeting as more information is needed. Ms. Reynolds SECONDED the motion. Motion PASSED. Mr. Cata recused.

6.4 PT-2012-09

Mr. Romero made a MOTION to dismiss complaint as the complaint is unfounded no violation of the rules or statue. Ms. Reynolds SECONDED the motion. Motion PASSED. Mr. Cata recused.

6.5 PT-2012-11

Mr. Romero made a MOTION to dismiss complaint. Ms. Reynolds SECONDED the motion. Motion PASSED. Mr. Cata recused.

6.6 PT02, 04-09

Mr. Romero made a MOTION to table till next meeting as more information is needed. Ms. Reynolds SECONDED the motion. Motion PASSED. Mr. Cata recused.

6.7 PT03, 07-09

Mr. Romero made a MOTION to table till next meeting as more information is needed. Ms. Reynolds SECONDED the motion. Motion PASSED. Mr. Cata recused.

6.8 PT-2012-04

Mr. Romero made a MOTION to dismiss complaint as the complaint is unfounded no violation of the rules or statue. Ms. Reynolds SECONDED the motion. Motion PASSED. Mr. Cata recused.

RENEWALS

6.9 PT#1597

Mr. Romero made a MOTION to approve the renewal. Ms. Reynolds SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

6.10 PTA #A-0687

Mr. Romero made a MOTION to approve the renewal. Ms. Reynolds SECONDED the motion. Motion PASSED by UNANIMOUS APPROVAL.

7. OLD BUSINESS

7.1 Psychologist Referral for Physical Therapy

The board did a brief discussion about a psychologist being able to refer a patient for physical therapy. The board would like to know what the Psychology rules and law state regarding a referral to a physical therapist. The board did discuss that in the rules under Direct Care Requirements a psychologist could refer a patient for physical therapy. No action was made only discussion.

8. PUBLIC COMMENT – No report

9. NEXT MEETING DATE AND LOCATION:

June 13, 2013 (tentatively) at 11:00 a.m.

Regulation and Licensing Department, Albuquerque, NM

10. ADJOURNMENT

Ms. Bircher made a MOTION to adjourn today’s meeting. Mr. Pattillo SECONDED the motion, PASSED by UNANIMOUS APPROVAL.

Meeting adjourned at 2:25 p.m.

Submitted by: Board Administrator

Approved by: Board at board meeting on June 13, 2013

New Mexico Regulation and Licensing Department

BOARDS AND COMMISSION DIVISION

Page 5 of 5