Legislative Update - AB 1152 Hearing is July 6th!

Submitted by tdavenp1 on June 25, 2009 at 9:54am

Thank you to John Gray for getting the word out.  This posting is excerpted from his message to membership of the new California Orthopaedic Manual Therapy Special Interest Group.  Please act today!

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AB 1152 is scheduled to be heard in the Senate Committee on Business, Professions and Economic Development on Monday, July 6th!

Please take 2 MINUTES to send an email letter to your Senator. 

This link will walk you through the simple and user friendly process.  Just 2 minutes!

CPTA Legislative Action Center 

Additional information for phone calls, more personalized letters or discussions with colleagues is noted below.

Here are some talking points for discussing Physician Owned PT practice:

1) This bill would allow additional control of the access point to PT services, would promote an “unequal physician-to-physical therapist relationship” potentially placing the PT in a subordinate position by allowing employment of PT's, and may increase referral for profit occurrences. This is not an innocuous bill, it in simple terms places more control on the referral source of PT. 

2) PT's are educated to practice as autonomous practitioners and are entitled to an equal opportunity to practice independently. This bill will deny that right and allow medical practitioners to be employers of PT's.

3) The CPTA did offer the author an amendment that would recognize PT professional corporations and allow PT's to employee physicians, podiatrists etc. promoting a collegial relationship between the professions. This amendment was denied by the author. 

It is imperative to communicate the true intent of AB 1152. The sponsor of the bill stated that this bill was technical and ultimately will save PT jobs. California's political history does not reflect any profession using its political capital to save the jobs of another profession. The OIG study (attached) shows that when a physician owns a PT department, there are an average of 2.3  times more PT visits and a 40 to 60% increase in health care costs.  It was noted that expensive PT care 91% of the time is below professional industry standards and be considered fraudulent or abuse. I have attached the OIG 2006 study for your reference.

Below is recent e mail sent to all CAPTA members from Alyse Migliaro.  It presents the "cliff notes" of when and who to contact.

AB 1152 is scheduled to be heard in the Senate Committee on Business, Professions and Economic Development on Monday, July 6th!

Thank you to those members who have contacted your local representatives in opposition to this bill. We appreciate your unwavering support! If you have not contacted your state representatives we ask that you take a minute and do so now (please see instructions below). Thank you for your time and dedication to the profession of physical therapy.


We need your immediate assistance to defeat this bill! In its current form, AB 1152 would make it clear in law that physicians and podiatrists may employ physical therapists in their professional corporations by adding physical therapists to the list of healing arts practitioners who may be “shareholders, officers, directors, or professional employees of a medical corporation or a podiatric medical corporation.” While current law is silent and, therefore, somewhat open to interpretation on the issue of PT employment by physicians and podiatrists, passage of AB 1152 would make it indisputable.

The American Physical Therapy Association (APTA) has opposed referral for profit and physician ownership of physical therapy services for many years, taking the position that such arrangements pose an inherent conflict of interest impeding both the autonomous practice of the physical therapist and the fiduciary relationship between the therapist and patient. The ethical, business and legal aspects of these types of relationships are being closely scrutinized in terms of restraint of trade and competition, and interference with consumer choice.

Here is a link to more information regarding APTA’s position on Physician Owned Physical Therapy Services:

http://www.apta.org/AM/Template.cfm?Section=Top_Issues2&Template=/MembersOnly.cfm&ContentID=26141&Token=5D584612-E747-4AAB-9346-F4C419424104.              

CPTA is strongly opposed to the bill in its current form.

We need your help! Here is what you can do:

1.       Please make a phone call and send in a letter of opposition to your local state Senator. To find your state senator click here CPTA Legislative Action Center and enter your zip code. Once you enter your zip code you will be provided with your state representatives names. Click on your state senator's name to access their contact information. Please make your phone calls of opposition to your senator's Sacramento/ capitol office.

Just call and say, “Hello, my name is _______. I’m a physical therapist (patient, student) and a constituent from ______, CA. and I want to urge Senator (NAME) to oppose AB 1152 when it is heard in the Senate Business Professions and Economic Development Committee.

2.       Please fax a personalized letter of opposition including your name, address and place of business. Email the AB 1152 Professional Corporations (Anderson) OPPOSE letter through the CPTA Legislative Action Center.

Your phone calls and letters will impact and PROTECT the future of the physical therapy profession. Thank you for participating in our efforts! 

Thanks John Gray! Couldn't

Thanks John Gray! Couldn't have done it without you

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