what role does the lawyer play in purchasing a physical therapy practice

by Eldridge Larkin 4 min read

Can a corporation offer physical therapy services?

In 1990, the Physical Therapy Board (“Board”) adopted a Resolution stating that a corporation not organized as a physical therapy professional corporation could offer physical therapy services under the Physical Therapy Act.

What is the history and law regarding physical therapy corporations?

This article discusses the history and law regarding physical therapy corporations. The Moscone-Knox Professional Corporations Act (“Moscone-Knox”) is the general corporation law that governs professional corporations in California. The Act articulates how certain licensed professionals must incorporate their practices.

Is a physical therapy Corporation a legal minefield?

(See Attorney General Opinion No. 04-103, July 23, 2004). The area of physical therapy corporations has been a legal minefield and has changed significantly over the years.

Who owns Martino Physical Therapy?

What does Pagador say about making a new practice your own?

Why do people wind up buying existing medical practices?

Do patients follow their therapists?

Can a physical therapist own a clinic?

About this website

Who is the boss of a physical therapist?

The individuals who oversee therapists and the operation of clinics are physical therapy clinic managers. Becoming a physical therapy clinic manager involves gaining an advanced education in physical therapy, obtaining experience as a physical therapist, and developing strong organizational and leadership skills.

What are the 3 components to the scope of practice for physical therapists?

The scope of practice for physical therapists has three components: professional, jurisdictional, and personal.

What setting of physical therapy pays the most?

According to PayScale.com, home health, long-term care, home care, and geriatric facilities are the highest paying PT areas.

What are the 5 roles of the physical therapist?

This Code of Ethics is built upon the five roles of the physical therapist (management of patients/clients, consultation, education, research, and administration), the core values of the profession, and the multiple realms of ethical action (individual, organizational, and societal).

What is included in the scope of physical therapy practice?

Physical therapists pursue excellence in a professional scope of practice that includes optimizing physical function, health, quality of life, and well‐being across the lifespan, and they work to improve population health in the communities where they practice.

How do you define the scope of practice?

Your scope of practice is the limit of your knowledge, skills and experience and is made up of the activities you carry out within your professional role. As a health and care professional, you must keep within your scope of practice at all times to ensure you are practising safely, lawfully and effectively.

How do physical therapists get rich?

8 ways to make extra money as a physical therapistPick up extra physical therapy shifts. ... Provide telehealth services. ... Become a physical therapy consultant. ... Offer home therapy services. ... Become a personal trainer. ... Become a first aid course instructor. ... Get into healthcare and physical therapy freelance writing.More items...•

Who is the highest paid physical therapist?

Physical Therapists made a median salary of $91,010 in 2020. The best-paid 25 percent made $106,060 that year, while the lowest-paid 25 percent made $75,360.

Why dont physical therapists get paid more?

It comes down to three reasons why physical therapists are broke: High Student Loans. Low Starting Salaries. Lifestyle Creep.

Do physical therapists get turned on?

Results: While most physical therapists practice within the profession's Code of Ethics, there are practitioners who date current and former patients, and condone patients' sexual banter in the clinic. Almost half (42%) of the participants acknowledged feeling sexually attracted to a patient.

What are the 7 core values of PT practice?

Subsequently, the 7 professional core values (accountability, altruism, compassion/caring, excellence, integrity, professional duty, and social responsibility) were adopted within a key document in physical therapy titled “Professionalism in Physical Therapy: Core Values Self-Assessment.”27 The APTA's 2006 Education ...

What are the 3 types of physical therapy?

6 Common Types of Physical Therapy You Should KnowNeurological Physical Therapy. ... Occupational Physical Therapy. ... Geriatric Physical Therapy. ... Pediatric Physical Therapy. ... Rehabilitative Physical Therapy. ... Hand Physical Therapy. ... These Types of Physical Therapy Works Wonders.

Your first and only stop for physical therapy legal and regulatory compliance

We create clinic policies and procedures for our clients that present the fluid and complex details of their practice in a manageable, easy-to-reference format.

The legal side of your business

The business side of healthcare has become increasingly complex in recent years. We streamline and simplify your processes, educate you about your requirements, and handle the details for you — allowing you to focus on your patients.

Our passion for PT

We deeply appreciate and respect the field of physical therapy, which has had a transformative effect on Erin ‘s life. Moving from chronic pain and disability to achieve health and athleticism, Erin relied upon her PT’s knowledge, skill, and empathy. And she recovered.

When did the Physical Therapy Board of California pass a resolution?

In 1990, the Physical Therapy Examining Committee (later renamed Physical Therapy Board of California) passed a resolution, authorizing a provision of physical therapy services by a general corporation. The resolution was prepared and adoption recommended by legal counsel provided by DCA.

Is a physical therapy corporation legal?

The area of physical therapy corporations has been a legal minefield and has changed significantly over the years. The issue is not just about the proper entity for a physical therapist to organize and establish; it is also about not offending the Board’s perspective on how physical therapists should practice.

How to organize a practice?

Sole Proprietorships. The most common way to initially organize a practice is as a sole proprietorship. This is an unincorporated business entity and involves filing a certificate of conducting business at your local county clerk’s office.

Can a sole proprietorship have malpractice insurance?

You can get both malpractice and general liability insurance as a sole proprietorship. This is how most private practices start out and end up. You do not necessarily need the assistance of a lawyer to set up a sole proprietorship.

Can a corporation practice physical therapy?

If you decide that you want to form a corporation, the laws and regulations differ from state to state. Some states, like New York, have a corporate practice act that clearly states that general business corporations (“Inc’s”) are NOT authorized to practice physical or occupational therapy services.

Advice From Paul Welk

Paul Welk is a physical therapist turned attorney, who advises owners going through the process of selling their PT private practices.

Advice From Greg Wappett and Eric Major

Greg Wappett and Eric Major are the Director and Senior associate, respectively, of Provident Healthcare Providers, LLC.

Wrapping up

In today’s post, we’ve discussed understanding the value of your practice, and how planning for the end of your business is in your best interest. We’ve gotten great advice on the topic from industry leading experts, Paul Welk, Greg Wappett, and Eric Major that should have you feeling more at ease about when and how to sell your PT practice.

Who owns Martino Physical Therapy?

John Baio, PT, DPT, owner of Martino Physical Therapy, strongly advises that anyone purchasing a PT clinic do everything possible to keep things amicable during the transition. He notes that it’s always preferable to have the previous owner in your corner as your biggest cheerleader.

What does Pagador say about making a new practice your own?

As much as you want to respect the way the former owner (s) ran the clinic, Pagador maintains that making the new practice your own is key to building your brand and establishing your own loyal clientele.

Why do people wind up buying existing medical practices?

Many folks wind up purchasing existing practices so they don’t have to build a patient load from the ground up or worry about forging relationships with referral sources. However, there are some important questions to ask when buying any type of medical practice.

Do patients follow their therapists?

Patients often follow their therapists to new clinics. Despite your best intentions, though, many patients will stay loyal to their therapists. You might assume that when you purchase a practice, the existing patient pool will come as part of the deal.

Can a physical therapist own a clinic?

Many physical therapists dream of owning their own practice one day. While some clinicians wait until they’ve been working for years before they take the plunge, more and more new graduates are opting for clinic ownership right out of school. Regardless of when the timing feels right, one of the biggest decisions facing an aspiring clinic owner is ...

Rescinding The Board Resolution

  • Due to the conflict between the Board’s 1990 resolution and the Moscone-Knox Act as highlighted in the Legislative Counsel Opinion, the Board acted to rescind its former resolution. On November 3, 2010, the Board voted to repeal the 1990 Resolution upon two grounds. First, the Board was advised that the 1990 Resolution itself constituted an undergr...
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AB 1000

  • In October of 2013, an Assembly Bill (“AB”) 1000 was introduced that would allow “direct access” to physical therapy services in California and amend the law regarding professional corporations for Physical therapists. The Governor signed the bill into law, effective January 1, 2014. AB 1000 significantly changed the Moscone-Knox Professional Corporations Act regarding: 1. The types …
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Status of General Corporations

  • While the Legislature did not mention general corporations directly in AB 1000, it generally specified how physical therapists should practice in a corporate setting. The Board’s Summary of Facts from 2011 regarding general corporations appears to still demonstrate the Board’s disfavor of a physical therapist working for a general corporation. Because the Moscone-Knox Act now st…
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Final Note on LLCs

  • One cannot discuss confusion in the business structuring of physical therapy corporations without addressing the issue of Limited Liability Companies or LLCs. It is illegal in California for an LLC to render professional services, including physical therapy services. In 2004, the California Attorney General confirmed and refined this point, stating that because health care providers per…
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Conclusion

  • The area of physical therapy corporations has been a legal minefield and has changed significantly over the years. The issue is not just about the proper entity for a physical therapist to organize and establish; it is also about not offending the Board’s perspective on how physical therapists should practice. Complying completely with corporate law may still subject a physica…
See more on simasgovlaw.com