arizona state board of physical therapy 25, 2018 regular board session... · following review and...

ARIZONA STATE BOARD OF PHYSICAL THERAPY

1470 W. ADAMS ST., STE 2450, PHOENIX, ARIZONA 85007 (602) 274-0236 Fax (602) 274-1378

www.ptboard.az.gov

REGULAR SESSION MEETING MINUTES September 25, 2018

BOARD MEMBERS PRESENT: James E. Miller, PT, DPT, President

Michael S. Clinton, CPA; Vice President Peggy Hunter, PTA, CLT; Secretary Nushka Remec, PT, MS, PCS; Member Joshua Greer, Public Member Mark Cornwall, PT PHD, FAPTA Karen Bustillo, PT, DPT, OCS, CLT

BOARD MEMBERS ABSENT: N/A ASSISTANT ATTORNEY GENERAL Mona Baskin, Assistant Attorney General PRESENT: BOARD STAFF PRESENT IN PERSON: Karen Donahue, PT, DPT, Interim Executive Director

Monica Crowley, Office Manager Veronica Cardoza, Licensing Administrator 1) CALL TO ORDER – 8:30 A.M.; Dr. Miller called the meeting to order at 8:35 A.M. (A

recording of the meeting is available through the Board Office) Roll Call – The following Board members were present: Dr. Miller, Ms. Hunter, Mr. Clinton, Ms. Remec, Mr. Greer, Dr. Cornwall and Dr. Bustillo. 2) Review and Approval of Draft Minutes

a) August 28, 2018 Regular Session Meeting Minutes

The Board reviewed and discussed the minutes. Mr. Greer moved the Board approve the August 28, 2018, Regular Session Meeting Minutes with the suggested changes. Mr. Clinton seconded the motion. Following review and discussion, the motion carried unanimously by roll call. Vote Mr. Clinton Ms. Hunter Dr. Miller Ms. Remec Mr. Greer Dr. Cornwall Dr. Bustillo

Aye X X X X X X X

Karen Donahue, PT, DPT Interim Executive Director

Douglas A. Ducey Governor

James E. Miller, PT, DPT President

Board Meeting 9/25/18

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Nay

Recused

Abstained

Absent

b) August 28, 2018 Executive Session Meeting Minutes

The Board reviewed and discussed the minutes. Mr. Greer moved the Board approve the August 28, 2018, Executive Session Meeting Minutes. Mr. Clinton seconded the motion. Following review and discussion, the motion carried unanimously by roll call. Vote Mr. Clinton Ms. Hunter Dr. Miller Ms. Remec Mr. Greer Dr. Cornwall Dr. Bustillo

Aye X X X X X X X

Nay

Recused

Abstained

Absent

3) CONSENT AGENDA: REVIEW, CONSIDERATION and ACTION

A) Applications for Licensure and Certification 1) Review, Consideration and Approval of Applications of Physical Therapist Licensure

upon Receipt of Passing Scores on the NPTE/AZLAW and Final Transcript

Logan Albaugh Taylor Albaugh Talia Arndt Christina Avery Erin Bennett Sharon Bezner Kayla Burger Shontol Burkhalter Sierra Crockford Amanda Dorri Katherine Dunn Ryan Emery Ashley English Blake Erwin Elizabeth Feye Katherine Goldsack Sarah Goodman Christopher Grant Jr. Suzanne Grotelueschen Nicholas Hadinger Skye Harry Kyle Hillard Chelsea Horner Brittany Jackson Paige Johnson Lyndon Knights Nicole Kuharske-Miller Samana Lake Morgan Loss Jens Matson Michelle Nola Jessica Pankey JaAsha Pena Ernest Raheb Julio Rodriguez-Monagas Wilson Roegge Emily Rupp Matthew Rysdyk Katherine Sandknop Sean Scully Tesia Smith Cristina Sperry Patrick Stewart Carly Szemerey Martina Tannahill Jill Thompson Tabitha Trauner Thomas White


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Ms. Hunter moved the Board the approve Applications for Physical Therapist Licensure upon Receipt of Passing Scores on the NPTE/AZLAW and Final Transcript. Ms. Remec seconded the motion. Following review and discussion, the motion carried unanimously by roll call. Vote Mr. Clinton Ms. Hunter Dr. Miller Ms. Remec Mr. Greer Dr. Cornwall Dr. Bustillo

Aye X X X X X X X

Nay

Recused

Abstained

Absent

2) Review, Consideration and Approval of Applications for Physical Therapist Licensure

with Documentation Related to Disclosure on “Personal Information” Section of the Application.

Todd Blanchette Jerry Dillon Bryce Petersen

The Board reviewed and discussed the above applications. Ms. Hunter moved the Board the approve Applications for Physical Therapist Licensure upon Receipt of Passing Scores on the NPTE/AZLAW and Final Transcript. Ms. Remec seconded the motion. Following review and discussion, the motion carried unanimously by roll call. Vote Mr. Clinton Ms. Hunter Dr. Miller Ms. Remec Mr. Greer Dr. Cornwall Dr. Bustillo

Aye X X X X X X X

Nay

Recused

Abstained

Absent

3) Review, Consideration and Approval of Applications for Physical Therapist Assistant

Certification upon Receipt of Passing Scores on the NPTE/AZLAW and Final Transcript.

Jamal Aldubayan Jennifer Allen Charlotte Conway Kami Dasti Jessica Deymonaz Doni Dye Ashley Evenson Deonia Hanson Samantha Huggans Tasha Knepp Liliana Mauser Kirsten Patterson Kristina Perez Thane Pierce Paige Rider Bradley Shuelke Jannalyn Slack Cynthia Soto Navarro


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Gentry Waller Lauren Webb Sarah Wooten Zachary Montgomery

The Board reviewed and discussed the above applications. Dr. Cornwall moved the Board the approve Applications for Physical Therapist Assistant Certification upon Receipt of Passing Scores on the NPTE/AZLAW and Final Transcript. Ms. Remec seconded the motion. Following review and discussion, the motion carried unanimously by roll call. Vote Mr. Clinton Ms. Hunter Dr. Miller Ms. Remec Mr. Greer Dr. Cornwall Dr. Bustillo

Aye X X X X X X X

Nay

Recused

Abstained

Absent

4) Review, Consideration and Approval of Applications for Physical Therapist Assistant

with Documentation Related to Disclosure on “Personal Information” Section of the Application.

Jesse Artus Justin Best Jacob Denham

Alisa Featherstone Brandon Neglay Jose Zapata The Board reviewed and discussed the above applications. Dr. Cornwall moved the Board the approve Applications for Physical Therapist Assistant upon Receipt of Passing Scores on the NPTE/AZLAW and Final Transcript. Ms. Remec seconded the motion. Following review and discussion, the motion carried unanimously by roll call. Vote Mr. Clinton Ms. Hunter Dr. Miller Ms. Remec Mr. Greer Dr. Cornwall Dr. Bustillo

Aye X X X X X X X

Nay

Recused

Abstained

Absent

Consent Agenda End


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4) Review, Consideration and Action on Applications for Licensure and Certification A) Review of and Possible Action on Physical Therapists/Physical Therapist Assistant

Previously Licensed in the State of Arizona. 1) Jenifer Rhodes, PTA

The Board reviewed and discussed the above application. Ms. Remec moved the Board to approve Ms. Rhodes’ Application for Physical Therapist Assistant Previously Licensed in the State of Arizona and issue her certification upon receipt of passing scores of AZ Law. Mr. Clinton seconded the motion. Following review and discussion, the motion carried unanimously by roll call. Vote Mr. Clinton Ms. Hunter Dr. Miller Ms. Remec Mr. Greer Dr. Cornwall Dr. Bustillo

Aye X X X X X X X

Nay

Recused

Abstained

Absent

B) Review of and Possible Action on Application for Physical Therapist/Physical Therapist

Assistant Licensure/Certification from Applicant Requesting ADA Accommodations. 1) Nikole Nelson, PT

The Board reviewed and discussed the above application. Ms. Remec moved the Board to approve the above applicant’s request for ADA Accommodations and grant Physical Therapist Licensure upon Receipt of Passing Scores on the NPTE/AZLAW and Final Transcript. Mr. Clinton seconded the motion. Following review and discussion, the motion carried unanimously by roll call. Vote Mr. Clinton Ms. Hunter Dr. Miller Ms. Remec Mr. Greer Dr. Cornwall Dr. Bustillo

Aye X X X X X X X

Nay

Recused

Abstained

Absent

5) COMPLAINTS, HEARINGS, INVESTIGATIONS and COMPLIANCE

C) Review, Discussion, and Action on Review for Potential Opening of Complaint 1) Michael Perryman


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Mr. Perryman was not present and was not represented by legal counsel. The Board reviewed and discussed the above information. Mr. Greer moved the Board take no action. Ms. Remec seconded the motion. Following review and discussion both Mr. Greer and Ms. Remec withdrew their first and second motion. Ms. Remec moved the Board enter into Executive Session to obtain legal advice and to review confidential records. Mr. Clinton seconded the motion. Following review and discussion, the motion carried unanimously by roll call. Vote Mr. Clinton Ms. Hunter Dr. Miller Ms. Remec Mr. Greer Dr. Cornwall Dr. Bustillo

Aye X X X X X X X

Nay

Recused

Abstained

Absent

Executive Session from 9:00 A.M. to 9:10 A.M.

Dr. Miller tabled agenda item 5(C)(1) Michael Perryman until after the 9:00 A.M. scheduled Informal Hearing 5(A)(1) Case# 18-08 Antwan Faraj. Dr. Miller recused himself and stepped away from the Board table at 9:11 A.M. 5) COMPLAINTS, HEARINGS, INVESTIGATIONS and COMPLIANCE

A) Informal Hearing and Possible Action on Complaint: 9:00 a.m. 1) Case No. 18-08; Antwan Faraj, PT

Mr. Faraj was present via phone and was represented by Mr. Charles Struble. The Board members and Board staff introduced themselves. Mr. Faraj and his attorney Mr. Struble introduced themselves. Mr. Clinton read a summary of how the hearing would be conducted and reviewed the possible outcomes of the hearing. Dr. Donahue and Mr. Faraj were sworn-in as witnesses. Dr. Donahue read the allegations against Mr. Faraj:

A. Engaged in the performance of substandard care by a physical therapist due to a deliberate or negligent act or failure to act regardless of whether actual injury to the patient is established.

1. Mr. Faraj documents initial evaluation on 3/15/17:


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i. Mr. Faraj documents “T-spine mobility limited 75%” 1. Direction of limitation or joint assessment is not documented.

ii. Mr. Faraj documents all strength measures in the bilateral LE as 3+/5 1. It may be unlikely that every muscle in the bilateral LE produced a

muscle grade of 3+/5 2. Manual muscle testing of the abdominals or hip musculature is not

documented. iii. Documentation of “Rib/T-spine mobs P/a”

a. May not enable another therapist to assume the patients care at any point in the course of the therapeutic intervention.

iv. Performance of “Rib/T-spine mobs P/a” 1. Rib and/or thoracic joint mobility was not documented as assessed

v. Mr. Faraj documents diagnosis as: “Pt presents to PT with signs and symptoms consistent of lumbar, thoracic and cervical sprain following a recent MVA.”

1. Documentation does not indicate assessment of the cervical spine. 2. Documentation does not indicate assessment of the thoracic spine with

the exception of “mobility limited 75%”.

2. Mr. Faraj documents re-evaluation on 4/12/17 i. Objective tests and measures:

1. Observation is identical to initial evaluation 2. ROM is identical to initial evaluation 3. LE MMT grossly 4-/5 with pain in low back during resistive tests and

poor neuromuscular control a. It may be unlikely that every muscle in the bilateral LE produces

a muscle grade of 4-/5. b. MMT of the abdominals/ hip musculature is not documented.

4. Goals were not identified or addressed in the documentation

B. Failed to adhere to the recognized standards of ethics of the physical therapy profession.

1. Mr. Faraj knew or should have reviewed the patient record to know, that Mr. Hodge was providing massage services for regions of the body in which rationale was not documented. Mr. Faraj was not the supervising therapist on the DOS in which Mr. Hodge engaged in treatment. Supervising physical therapist was Keith Fandry, PT.

C. Charged unreasonable or fraudulent fees for services performed or not performed.

1. DOS 3/15/17; Charges of 3 units of manual therapy may not be supported in the

documentation.


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2. DOS 3/24/17 i. 3 unit manual therapy

1. Documentation identifies 25 minutes of manual therapy. Documentation does not support units billed.

ii. 1 unit E-stim unattended 1. Documentation does not indicate that E-stim was provided at this DOS.

Documentation does not support units billed. iii. Supplies: Electrodes

1. Documentation does not indicate that E-stim was provided at this DOS. Documentation does not support electrodes being billed.

3. DOS 4/12/17 Daily Treatment log was not identified in the subpoenaed records. As a

result, billing of 4 units of manual therapy and 1 unit of E-stim are not supported in the documentation.


result, billing of 4 units of manual therapy and 1 unit of E-stim are not supported in the documentation.


result, billing of 3 units of manual therapy and 1 unit of E-stim are not supported in the documentation

6. DOS 5/11/17

i. Daily Treatment log was not identified in the subpoenaed records. As a result, billing of 3 units of manual therapy, 1 unit of therapeutic exercise and 1 unit of E-stim are not supported in the documentation

ii. Documentation indicates only 55 total minutes of treatment. Minimum of 63 minutes required to bill 3 units of manual therapy and 1 unit of therapeutic exercise if the E-stim unattended was calculated at 0 minutes.

7. DOS 5/23/17

i. Daily Treatment log was not identified in the subpoenaed records. As a result, billing of 3 units of manual therapy, 1 unit of therapeutic exercise are not supported in the documentation

ii. Documentation indicates only 55 total minutes of treatment. Minimum of 63 minutes required to bill 3 units of manual therapy and 1 unit of therapeutic exercise.

D. Failed to maintain adequate patient records. For the purposes of this paragraph,

“adequate patient records” means legible records that comply with board rules and


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that comply with board rules and that contain at a minimum an evaluation of objective findings, a diagnosis, the plan of care, the treatment record, a discharge summary and sufficient information to identify the patient.

1. Initial evaluation contained the following: “Documentation has been reviewed and services provided by the PTA were administered under the direct supervision of a therapist.”

i. Undetermined rationale since Mr. Faraj, PT documents performance of the initial evaluation and treatment.

2. For the majority of DOS, documentation of performance of manual therapy may not

enable another therapist to assume the patients care at any point in the therapeutic intervention.

3. DOS 3/24/17

i. A second set of initials are identified on the Daily treatment log. Undetermined who provided which treatment interventions.

ii. “Documentation has been reviewed and services provided by the PTA were administered under the direct supervision of a therapist.”

iii. Undetermined rationale since Mr. Faraj, PT documents performance of the initial evaluation and treatment.

4. DOS 4/12/17 i. “Documentation has been reviewed and services provided by the PTA were

administered under the direct supervision of a therapist.” 1. Undetermined rationale since Mr. Faraj, PT documents performance of

the re- evaluation and treatment. 5. DOS 5/3/17

i. “Documentation has been reviewed and services provided by the PTA were administered under the direct supervision of a therapist.”

1. Undetermined rationale since Mr. Faraj, PT documents performance treatment.

6. DOS 5/11/17 i. Documentation has been reviewed and services provided by the PTA were

administered under the direct supervision of a therapist.” 1. Undetermined rationale since Mr. Faraj, PT documents performance

treatment. 7. DOS 5/23/17

i. Documentation has been reviewed and services provided by the PTA were administered under the direct supervision of a therapist.”

1. Undetermined rationale since Mr. Faraj, PT documents performance treatment.


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E. Failed to report to the Board a name change or change in business or home address

within thirty days after that change. 1. Mr. Faraj had not submitted a change of address from for either his home or business

address as of April 2, 2018. 2. Mr. Faraj changed both business and home address on May 1, 2018.

Mr. Struble provide an opening statement. Mr. Faraj stated he would answer any questions the Board had for him. The Board reviewed and discussed the case. The Board members asked questions of Mr. Faraj. Following the Board’s questioning of Mr. Faraj;

Mr. Struble provided a closing statements. Mr. Clinton guided the Board through each allegation for

discussion. Following discussion on the allegations, Dr. Cornwall moved the Board adopt the

following Findings of Fact:

1. Respondent documents initial evaluation on 3/15/17for patient TD. Respondent

documents “T-spine mobility limited 75%”; direction of limitation or joint assessment is not

documented.

2. Respondent documents an initial evaluation on 3/15/17for patient TD. Respondent

documents all strength measures in the bilateral LE as 3+/5. It would be unlikely that every muscle

in the bilateral LE produced a muscle grade of 3+/5. Manual muscle testing of the abdominals or hip

musculature is not documented.

3. Respondent documents an initial evaluation on 3/15/17for patient TD. Documentation

of “Rib/T-spine mobs P/a” does not enable another therapist to assume the patients care at any point

in the course of the therapeutic intervention. Rib and/or thoracic joint mobility was not documented

as assessed.

4. Respondent documents initial evaluation on 3/15/17 for patient TD. Respondent

documents the patient’s diagnosis as: “Pt presents to PT with signs and symptoms consistent of

lumbar, thoracic and cervical sprain following a recent MVA.” Respondents documentation does not


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indicate assessment of the cervical spine. Respondents documentation does not indicate assessment

of the thoracic spine with the exception of “mobility limited 75%.”

5. Respondent documents a re-evaluation on 4/12/17 for patient TD. In objective tests

and measures: Observation is identical to initial evaluation, ROM is identical to initial evaluation,

LE MMT grossly 4-/5 with pain in low back during resistive tests and poor neuromuscular control

and Goals were not identified or addressed in the documentation

6. Respondent charged unreasonable fees for services performed or not performed.

a. DOS 3/15/17;

i. Charges of 3 units of manual therapy may not be supported in the

documentation.

b. DOS 3/24/17

i. 3 unit manual therapy

1. Documentation identifies 25 minutes of manual therapy.

Documentation does not support units billed.

ii. 1 unit E-stim unattended

1. Documentation does not indicate that E-stim was provided at this

DOS. Documentation does not support units billed.

iii. Supplies: Electrodes

1. Respondent’s documentation does not indicate that E-stim was

provided at this DOS. Respondent’s billing for this date of service

includes a charge for electrodes. Respondent’s documentation does

not support electrodes being billed.

c. DOS 4/12/17 Daily Treatment log was not identified in the subpoenaed records. As

a result, billing of 4 units of manual therapy and 1 unit of E-stim are not supported

in the documentation.

d. DOS 4/19/17 Daily Treatment log was not identified in the subpoenaed records. As


in the documentation.


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e. DOS 5/3/17 Daily Treatment log was not identified in the subpoenaed records. As


in the documentation

f. DOS 5/11/17

i. Daily Treatment log was not identified in the subpoenaed records. As a

result, billing of 3 units of manual therapy, 1 unit of therapeutic exercise

and 1 unit of E-stim are not supported in the documentation

ii. Documentation indicates only 55 total minutes of treatment. Minimum of

63 minutes required to bill 3 units of manual therapy and 1 unit of

therapeutic exercise if the E-stim unattended was calculated at 0 minutes.

g. DOS 5/23/17

i. Daily Treatment log was not identified in the subpoenaed records. As a

result, billing of 3 units of manual therapy, 1 unit of therapeutic exercise are

not supported in the documentation.

7. Respondent documents that he reviewed and services were provided by a PTA for the

Initial Evaluation.

8. Majority of DOS for patient TD, documentation of manual therapy may not enable

another therapist to assume the patient’s care at any point in the therapeutic intervention.

9. Documentation on DOS 4/12/17 indicates a PTA provided services during the re-

evaluation.

10. Documentation on DOS 5/11/17 indicates PTA provided services, however which

specific services is not recorded as Respondent is sole signature in the patient record.

11. Documentation on DOS 5/23/17 indicates PTA provided services, however which specific

services is not recorded as Respondent is sole signature in the patient record.

12. Respondent failed to submit a change of address for his home and business within the

required 30 days.

Ms. Hunter seconded the motion. Following review and discussion, the motion carried unanimously by roll call.


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Vote Mr. Clinton Ms. Hunter Dr. Miller Ms. Remec Mr. Greer Dr. Cornwall Dr. Bustillo

Aye X X X X X X

Nay

Recused X

Abstained

Absent

Mr. Clinton moved the Board adopt the following Conclusions of Law:

1. The Board has jurisdiction over the regulation of physical therapist licensure in the

State of Arizona pursuant to A.R.S. §32-2001 et seq and the rules promulgated by the Board

relating to the practice of physical therapy.

2. The conduct and circumstances described constitutes a violation of A.R.S. §32-

2044(4) “Engaging in the performance of substandard care by a physical therapist due to a

deliberate or negligent act or failure to act regardless of whether actual injury to the patient is

established.”

3. The conduct and circumstances described constitutes a violation of §32-2044(13).

“Charging unreasonable or fraudulent fees for services performed or not performed.”

4. The conduct and circumstance described constitutes a violation of A.R.S. §32-

2044(20). “Failing to maintain adequate patient records. For the purposes of this paragraph,

“adequate patient records” means legible records that comply with board rules and that contain at a

minimum an evaluation of objective findings, a diagnosis, the plan of care, the treatment record, a

discharge summary and sufficient information to identify the patient.”

5. The conduct and circumstances described in paragraph 12 constitutes a violation of

A.R.S. §32-2044(23). “Failing to report to the board a name change or a change in business or

home address within thirty days after that change.”

Ms. Hunter seconded the motion. Following review and discussion, the motion carried unanimously by roll call. Vote Mr. Clinton Ms. Hunter Dr. Miller Ms. Remec Mr. Greer Dr. Cornwall Dr. Bustillo


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Aye X X X X X X

Nay

Recused X

Abstained

Absent

Based upon the foregoing Findings of Fact and Conclusions of Law, Dr. Cornwall move the Board

imposes the following Order:

1. Probation: The Arizona Board of Physical Therapy hereby orders that Respondent,

holder of Physical Therapy License No. 12805, is placed on probation for twenty-four (24)

months from the effective date of the order. The probation may be extended or other enforcement

actions taken in the event Respondent is found in violation this Order or violates the Arizona

Physical Therapy Practice Act. Respondent may petition the Board for early termination of

probation if the Board determines all requirements of the Order have been met. The Board orders

Respondent to comply with the following terms and conditions:

2. Continuing Education: Respondent shall take and complete continuing education

in the areas listed below within twelve (12) months from the effective date of this order.

Respondent must submit the course description to Board staff for approval prior to beginning the

continuing education course(s). Only in-person courses will be considered for pre-approval by

Board Staff. Respondent shall provide documentation to Board staff that the course was completed

prior to the Board’s consideration of termination of probation.

a. Respondent shall take and complete a minimum of eight (8) hours of continuing

education in the area of Orthopedic Assessment of the Spine.

b. Respondent shall take and complete a minimum of eight (8) hours of continuing

education in the area of Supervision/Documentation.

3. Jurisprudence Exam: Respondent shall take and pass the Arizona Jurisprudence

Examination (AZ Law) within twelve (12) months from the effective date of this order.


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4. Costs: Respondent shall be responsible for any and all costs associated with

the terms and conditions of this Order.

5. Obey all Laws: Respondent shall obey all federal, state, and local laws and all rules

governing the practice of physical therapy in Arizona. The Board shall consider any violation of

this paragraph as a separate violation.

6. Early Termination of Probation: It shall be Respondent’s affirmative duty to seek

termination of probation ordered herein. Respondent may petition the Board for termination of his

probation provided he has completed or complied with the above paragraphs. Upon receiving

Respondent’s petition, the Board shall have sole discretion to determine whether Respondent has

complied with all the terms and conditions of the Order prior to granting petition for early

termination.

7. This Order shall be effective thirty-five days after service of the Order.

8. This Order is conclusive evidence of the matters described herein and may be considered by

the Board in determining appropriate sanctions in the event of subsequent violation occurs.

Ms. Remec seconded the motion. Following review and discussion, the motion carried unanimously by roll call. Vote Mr. Clinton Ms. Hunter Dr. Miller Ms. Remec Mr. Greer Dr. Cornwall Dr. Bustillo

Aye X X X X X X

Nay

Recused X

Abstained

Absent

The Board Recessed from 10:25 A.M. to 10:38 A.M

5) COMPLAINTS, HEARINGS, INVESTIGATIONS and COMPLIANCE B) Initial Review, Discussion, and Action on Complaint

1) Complaint #18-06; Carla Lempert, PT Ms. Donahue provided a summary of the case for the Board. Board opened complaint 18-06 following review of Complaint #17-16 Keith Fandry, PT. Board alleges that Ms. Lempert, PT engaged in provision of substandard care, failed to adequately supervise assistive personnel, failed to


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adhere to the code of ethics, charged unreasonable or fraudulent fees, made misleading deceptive or fraudulent representations, aided or abetted a person who is not licensed and failed to maintain adequate patient records in regards to patient’s SS, CH and RT. Ms. Lempert was present and was not being represented by legal counsel. Ms. Lempert provided an opening statement. The Board reviewed and discussed the case and asked questions of Ms. Lempert. Ms. Remec moved the Board enter into Executive Session to obtain legal advice and to review confidential records. Mr. Greer seconded the motion. Following review and discussion the motion carried unanimously by roll call. Vote Mr. Clinton Ms. Hunter Dr. Miller Ms. Remec Mr. Greer Dr. Cornwall Dr. Bustillo

Aye X X X X X X

Nay

Recused X

Abstained

Absent

Executive Session from 10:56 A.M. to 11:12 A.M.

The Board reviewed and discussed the case and asked more questions of Ms. Lempert.

Mr. Greer move the Board allow Board staff to offer a consent agreement, if the consent agreement

is not signed, then move to an Informal Hearing. Dr. Cornwall seconded the motion. Following

review and discussion, the motion carried 6/1 by roll call.


Aye X X X X X

Nay X

Recused X

Abstained

Absent

Dr. Miller returned to the Board table at 11:21 A.M


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7) Review, Discussion and Possible Action Proposed Rule Revision (11:00 am) (Jeanne Hann will be present to provide the Board a review of the proposed language modification(s) to the rules)

1) Review Discussion and Possible Action related rules revision. Ms. Hann provided an update of Proposed Rule Revision a review of the proposed language modification(s) to the rules. Mr. Greer move the Board approve the proposed language. Mr. Clinton seconded the motion. Following review and discussion, the motion carried unanimously by roll call. Vote Mr. Clinton Ms. Hunter Dr. Miller Ms. Remec Mr. Greer Dr. Cornwall Dr. Bustillo

Aye X X X X X X X

Nay

Recused

Abstained

Absent

6) Review, Discussion and Possible Action Personnel Matters (11:30 pm) (Luis Bustamante

from HR will be present) 1) A. Review, Discussion and Possible Action Regarding Karen Donahue, Interim Executive

Director; Executive Director Position & Salary Determination A.R.S. § 32-2003 (11). Mr. Luis Bustamante, Mr. Eric Abt and Mr. Shawn McConnell from ADOA Human Resources were present. They discussed with the Board the hiring process and answered questions the Board had. Mr. Greer moved the Board enter into Executive Session to discuss possible salary of Dr. Donahue’s Executive Director Position. Mr. Clinton seconded the motion. Following review and discussion, the motion carried 6/0 with one abstained. Vote Mr. Clinton Ms. Hunter Dr. Miller Ms. Remec Mr. Greer Dr. Cornwall Dr. Bustillo

Aye X X X X X X

Nay

Recused

Abstained X

Absent

Ms. Remec has left the Board table and Board meeting at 11:48 A.M.


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Executive Session from 11:48 A.M. to 12:22 P.M. 5) COMPLAINTS, HEARINGS, INVESTIGATIONS and COMPLIANCE

B) Initial Review, Discussion, and Action on Complaint 2) Complaint #18-10; Chelsea Mieszala, PTA

Dr. Miller recused himself and stepped away from the Board table at 12:22 P.M. Ms. Mieszala was not present and was not represented by legal counsel. The Board reviewed and discussed the case. Mr. Greer moved the Board forward case to Informal Hearing. Dr. Cornwall seconded the motion. Following review and discussion, the motion carried unanimously by roll call. Vote Mr. Clinton Ms. Hunter Dr. Miller Ms. Remec Mr. Greer Dr. Cornwall Dr. Bustillo

Aye X X X X X

Nay

Recused X

Abstained

Absent X

Dr. Miller returned to the Board table at 12:28 P.M 5) COMPLAINTS, HEARINGS, INVESTIGATIONS and COMPLIANCE

C) Review, Discussion, and Action on Review for Potential Opening of Complaint 1) Michael Perryman

This items was tabled from earlier in the meeting. Dr. Miller move the Board send a letter requesting Mr. Perryman consider removing the use of the term “physical therapy” in your website advertisement. The Board advises that the use of the term “physical therapy” is protected by law and can only be utilized by a licensed physical therapist. Dr. Cornwall seconded the motion. Following review and discussion, the motion carried 4/2 by roll call. Vote Mr. Clinton Ms. Hunter Dr. Miller Ms. Remec Mr. Greer Dr. Cornwall Dr. Bustillo

Aye X X X X

Nay X X

Recused

Abstained


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Absent X

2) Chelsea Mieszala, PTA (PTA-008952)

Ms. Donahue provided a summary of the case for the Board. Mr. Clark filed a complaint alleging that Ms. Mieszala resigned without advanced notice and thus abandoned patients. Ms. Mieszala is a physical therapist assistant and thus does not carry a patient load and is only assistive personnel for the supervising physical therapist. As such, she is not able to abandon patients as the patients would be under the care of a license physical therapist. The Board can elect to take no action or open a complaint. The Board reviewed and discussed the above information. Ms. Hunter moved the Board take no action. Mr. Greer seconded the motion. Following review and discussion the motion carried unanimously by roll call. Vote Mr. Clinton Ms. Hunter Dr. Miller Ms. Remec Mr. Greer Dr. Cornwall Dr. Bustillo

Aye X X X X X X

Nay

Recused

Abstained

Absent X

3) Rich Zipse, LMT

Ms. Donahue provided a summary of the case for the Board. Ms. Jogodka filed a complaint against Mr. Zipse alleging that he utilizes language on his website that he has experience performing physical therapy incorporating physical therapy methods into his treatment. Review of Mr. Zipse website: tucsonorthomassage.com, under the about tab, indicates that Mr. Zipse states that in 1993 he performed physical therapy in outpatient clinics across the country. Mr. Zipse could have been assistive personnel and work in physical therapy practice(s) under direction of a physical therapist. Further, the page states Rich also incorporates physical therapy methods in harmony to achieve a maximum level of client care". Mr. Zipse never identifies that he is a physical therapist or utilizes and credentials indicating he is a physical therapist. Mr. Zipse does not state he performs physical therapy.


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The Board reviewed and discussed the above information. Ms. Hunter moved the Board refer to Massage Therapy Board. Mr. Greer seconded the motion. Following review and discussion the motion carried unanimously by roll call. Vote Mr. Clinton Ms. Hunter Dr. Miller Ms. Remec Mr. Greer Dr. Cornwall Dr. Bustillo

Aye X X X X X X

Nay

Recused

Abstained

Absent X

4) Eric Pinedo, PTA (PTA-010127)

Ms. Donahue provided a summary of the case for the Board. Mr. Pinedo, PTA indicated with his renewal application that he was arrested for DUI on 7/28/17 and pled guilty to A.R.S. 28-1381 (A)( I) Driving or being in actual physical control while under the influence of Intoxicating liquor. Any drug. Vapor releasing substance and/or combination thereof, Class I Misdemeanor. Mr. Pinedo did not notify the Board within 10 days of his arrest. The Board reviewed and discussed the above information. Mr. Greer moved the Board open a complaint. Mr. Clinton seconded the motion. Following review and discussion the motion carried unanimously by roll call. Vote Mr. Clinton Ms. Hunter Dr. Miller Ms. Remec Mr. Greer Dr. Cornwall Dr. Bustillo

Aye X X X X X X

Nay

Recused

Abstained

Absent X

5) Mychal Leaupepe, PT (LPT-013253)

Ms. Donahue provided a summary of the case for the Board. Mr. Leaupepe. PT indicated with his renewal application that he pled guilty for DUI on August 7. 2018. Mr. Leaupepe did not notify the Board within 10 days of his arrest. The Board reviewed and discussed the above information.


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Mr. Greer moved the Board open a complaint. Mr. Clinton seconded the motion. Following review and discussion the motion carried unanimously by roll call. Vote Mr. Clinton Ms. Hunter Dr. Miller Ms. Remec Mr. Greer Dr. Cornwall Dr. Bustillo

Aye X X X X X X

Nay

Recused

Abstained

Absent X

6) John Fisher, PT (LPT- 007507)

Ms. Donahue provided a summary of the case for the Board. Mr. Fisher, PT indicated with his renewal application that he pled guilty for DUI on August 8, 2017. Mr. Fisher did not notify the Board within 10 days of his arrest. The Board reviewed and discussed the above information. Mr. Greer moved the Board open a complaint. Mr. Clinton seconded the motion. Following review and discussion the motion carried unanimously by roll call. Vote Mr. Clinton Ms. Hunter Dr. Miller Ms. Remec Mr. Greer Dr. Cornwall Dr. Bustillo

Aye X X X X X X

Nay

Recused

Abstained

Absent X

7) Eric Coleman, PT (LPT-006981)

Ms. Donahue provided a summary of the case for the Board. Mr. Coleman. PT indicated with his renewal application that he was arrested for DUI on December 23, 2017. Mr. Coleman did not notify the Board within 10 days of his arrest. The Board reviewed and discussed the above information. Mr. Greer moved the Board open a complaint. Mr. Clinton seconded the motion. Following review and discussion the motion carried unanimously by roll call.


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Aye X X X X X X

Nay

Recused

Abstained

Absent X

8) Caroline Seronde, PTA (PTA-009610)

Ms. Donahue provided a summary of the case for the Board. Ms. Seronde indicated with her renewal application that she was arrested for DUI on February 23, 2018. Ms. Seronde did not notify the Board within 10 days of her arrest. The Board reviewed and discussed the above information. Mr. Greer moved the Board open a complaint. Mr. Clinton seconded the motion. Following review and discussion the motion carried unanimously by roll call. Vote Mr. Clinton Ms. Hunter Dr. Miller Ms. Remec Mr. Greer Dr. Cornwall Dr. Bustillo

Aye X X X X X X

Nay

Recused

Abstained

Absent X

9) Eric Striegel, PT (LPT-013744)

Ms. Donahue provided a summary of the case for the Board. Ms. JN filed a complaint against Mr. Striegel alleging that he made incorrect statements on the discharge summary. JN states "'Instead of reading that I had chosen to end therapy, it stated that therapy 'was terminated by mutual agreement'. If this had been true then my claim for DISABILITY would be a sham.'" The Board reviewed and discussed the above information. Mr. Greer moved the Board take no action. Dr. Cornwall seconded the motion. Following review and discussion the motion carried 4/2 by roll call. Vote Mr. Clinton Ms. Hunter Dr. Miller Ms. Remec Mr. Greer Dr. Cornwall Dr. Bustillo


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Aye X X X X

Nay X X

Recused

Abstained

Absent X

8) Review and Discussion on Back in Action Lawsuit Dismissal

The Board may vote to go into Executive Session pursuant to A.R.S. §38-431.03(A)(2) for purposes of discussing confidential information and §38-431.03(A)(3) to obtain legal advice.

A) Keith Fandry, et al. v. State of Arizona Board of Physical Therapy, CV 2018 052465 Order

Dismissing Action Ms. Baskin provided and update. No action was required/taken. 6) Review, Discussion and Possible Action Personnel Matters (11:30 pm) (Luis Bustamante

from HR will be present) A) Review, Discussion and Possible Action Regarding Karen Donahue, Interim Executive Director; Executive Director Position & Salary Determination A.R.S. § 32-2003 (11).

Dr. Miller moved the Board approve the proposed Exertive Director salary. Mr. Greer seconded the motion. Following review and discussion the motion carried unanimously by roll call. Vote Mr. Clinton Ms. Hunter Dr. Miller Ms. Remec Mr. Greer Dr. Cornwall Dr. Bustillo

Aye X X X X X X

Nay

Recused

Abstained

Absent X

9) Review and Discussion on 2018 Legislative Update and Memorandum (confidential)

A) HB 2065, HB 2184, HB 2238, HB 2649, HB 2549, HB 2154, SB 1436, SB 1273, SB 1034 Mr. Clinton has left the Board table and Board meeting at 1:00 P.M. Dr. Miller moved the Board table until next Board meeting. Ms. Hunter seconded the motion. Following review and discussion the motion carried 4/2 by roll call. Vote Mr. Clinton Ms. Hunter Dr. Miller Ms. Remec Mr. Greer Dr. Cornwall Dr. Bustillo

Aye X X X X X


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Nay

Recused

Abstained

Absent X X

10) BOARD BUSINESS AND REPORTS

A) Executive Director’s Report – Review, Discussion and Possible Action 1) Financial Report 2) Board Staff Activities- Verbal Report

a) Renewals Dr. Donahue provided a summary of the above topics no action was required or taken. 11) CALL TO THE PUBLIC Cynthia Driskel, PT representing the Arizona Physical Therapy Association stated to the Board that the use of the term “physical therapy” is protected by law and can only be utilized by a licensed physical therapist. 12) ADJOURNMENT Ms. Hunter moved the Board adjourn. Ms. Bustillo seconded the motion. Following review and discussion, the motion carried. Vote Mr. Clinton Ms. Hunter Dr. Miller Ms. Remec Mr. Greer Dr. Cornwall Dr. Bustillo

Aye X X X X X

Nay

Recused

Abstained

Absent X X

Meeting adjourned at 1:09 P.M. Prepared by, Monica Crowley Office Manager


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Approved by, Peggy Hunter, PTA Secretary

arizona state board of physical therapy 25, 2018 regular board session... · following review and...

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