One Last Attempt to Block the Abuse of Patients by POPTS – Tell Governor Brown to VETO SB 543

September 17, 2011

Without Your Input, POPTS Clinics Will Be Effectively Legalized Until Jan. 1, 2013, with the Legislature’s Pork Barrel Politics

It is on the Governor’s desk for signature right now.

You can submit your request to Governor Brown to veto this bill by going here:

http://govnews.ca.gov/gov39mail/mail.php

You may have heard by now that behind closed doors, without any public discussion, the powerful CMA lobbyists working thru back channels, have effectively overridden the legislative process.

Over the last few weeks, Senator Pro Tem Darrell Steinberg, inserted language into the SB 543 which will disallow the California Physical Therapy Board from enforcing the law.

Here’s how the language reads:

” SEC. 4. Section 2674 is added to the Business and Professions
Code, to read:
2674. (a) Notwithstanding any other provision of law, no physical
therapist shall be subject to discipline by the board for providing
physical therapy services as a professional employee of a
professional corporation as described in subdivision (a), (b), or (k)
of Section 13401.5 of the Corporations Code.
(b) Nothing in this section shall be construed to imply or suggest
that a physical therapist providing physical therapy services as a
professional employee of a corporation as described in subdivision
(a), (b), or (k) of Section 13401.5 of the Corporations Code is in
violation of or compliance with the law.
(c) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.

The entire bill can be found by clicking here.

Summing it all up, it has been the position of attorneys, counsel to the Department of Consumer Affairs, the Legislative Counsel, the CA Senate B&P x2, a vast majority of physical therapists and STOP POPTS that referral for profit is an avoidable conflict of interest.  Two emails to CA physical therapists generated a massive outcry against POPTS – remember the petition of 3500 signatures?

  • It costs CA $233,000,000/year in needless care.  $8,500,000,000 (yes, that’s billion) of waste over the last 2 decades.
  • It results in the delivery of substandard care – 9% of care in POPTS meets practice standards and 43% of care is delivered by unlicensed staff (physical therapy aides).
  • It’s difficult to estimate the precise number of jobs lost due to POPTS – some estimate well into the thousands but no one really cares about that.  Evidence suggests that for every POPTS physical therapist employed, two physical therapist jobs in legal settings are lost.
  • It allows the monopoly of the physical therapy profession by medical doctors.

Historically, the legislative process/lawmakers have addressed the issue agreeing that this POPTS/referral for profit is bad public policy.

  • AB 1152, a bill to legalize physical therapist employment by medical corporations was defeat in July of 2009.
  • AB 783 was defeated on June 13th, 2011
  • AB 783 was defeated when brought up for reconsideration in June, 27 2011.

The CA Physical Therapy Profession will take a Huge Step Backward – Ancillary is a Physical Therapist’s Role According to Medical Doctors and the Politicians – Physical Therapists Should Not Stand for This…Unless You Are One of the Few that are Employed by Doctors.

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