Intro to PT: Laws, Regulations, and Policies

Law

Something most people follow. Enforced and created by gov

Public policies

Actions that gov wants to achieve that addresses issues in society

Statutes

Created by legislature

Common law

Laws based on previous court hearings

Regulations

Clarifies statutes and says how they should be followed

Executive orders

laws directly from president or governor

ADA

Federal level. Americans with disabilities act. Makes public goods and services accessible to people with disabilities

IDEA

Federal level. Individuals with disabilities act. Makes special education accessible to people with disabilities

HIPAA

Federal level. Health insurance portability and accountability act. Protects patient confidentiality

ACA

Federal level. Affordable care act. Makes quality healthcare more accessible

Social security amendments of 1965

Federal level. Created medicare and medicaid

OSHA

Federal level. Occupational safety and health administrations of federal standards. Assures safety and health of workers

What are the consequences for violating federal laws

Typically financial penalties or losing license

Practice acts

State level. Defines physical therapy, Identifies tasks that can be delegated, identifies supervision requirements, contains consequences for violations

Illinois licensure requirements

Graduate from an accredited program, passed NPTE, at least 18yrs old, in good moral standing

Continuing education rules for Illinois license renewal

20 hours of continuing education every 2 years

CMS

Federal level regulation. Center for medicare and medicaid services. clarifies the social security amendment of 1965

IDFPR

State level regulation. Illinois department of financial and professional regulation. Clarifies practice act

Criminal law consequences

Financial penalties, imprisonment, probation. Doesnt affect license

Penalties for civil law

Fianacial penalties (compensation). Doesnt affect license

Negligence

Failing to do something that a reasonable person would do, causing harm

What needs to be proven to claim negligence

4 things: Prove relationship between PT/PTA and patient, prove therapist did not do as they were supposed to, what injuries or damages were sustained, how the injuries and damages were proximately caused by therapist’s failure to provide appropriate standard of care

Malpractice

Failing to do something that a professional in that field would know to do, causing injury. Professional negligence

Purpose of laws, regulations, and policies

To make sure providers are competent and tax dollars are being spent appropriately