Athletic Trainers vs Orthopaedic Section, APTA

NewsBot · Jul 2, 2008

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Press Release:
Update of Fair Practice Lawsuit

DALLAS, June 27, 2008 – A June 24, 2008, order by a Federal Magistrate Judge in NATA's Fair Practice Lawsuit requires the Orthopaedic Section, APTA Inc. to turn over to NATA, among other things, documents regarding the November 2007 letters written by it intended to harm the manual therapy symposium put on by NATA in January 2008. The Magistrate Judge rejected the Orthopaedic Section's efforts to resist providing these documents.

The Orthopaedic Section was ordered to produce the documents to NATA within 10 days. It is unknown whether the Orthopaedic Section will appeal the court's ruling. Any appeal would be to the Federal District Judge before whom the Fair Practice Lawsuit is pending.
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NewsBot · Jul 2, 2008

Managed to find this letter from 1 Feb 2008:

Dear Colleagues and Friends:

Because of anti-competitive actions taken by the American Physical Therapy Association, NATA has filed a civil lawsuit against APTA in Dallas, Texas. The suit cites antitrust laws and other violations. A copy of the lawsuit is posted here.

It is NATA's responsibility to stand up for its members and to protect their rights. In my view, NATA has no choice but to take this step to protect its members' right to compete in the marketplace. NATA tried to work through these issues with the APTA, but we regret to say the APTA response to our concerns was thoroughly unsatisfactory and dismissive of the issues NATA raised.

This letter is illustrative of APTA's efforts to restrict our members' access to education consistent with their competencies and scope of practice. These actions by APTA are an attempt to prevent certified athletic trainers from competing with physical therapists and performing manual therapy services. Two dual credentialed presenters withdrew from the workshop faculty after receiving the letter. This occurrence is one of many that ultimately led to NATA's legal action against APTA.

Only after a great deal of study and careful consideration did NATA decide to bring legal action. First, on Dec. 21, 2007, I sent the APTA a detailed letter outlining NATA's positions and areas of serious concern. Our hope was the APTA would address the issues raised and we could avoid litigation. Unfortunately the APTA's response letter, received Jan. 25, 2008, did not adequately address these concerns, so NATA had no choice but to pursue legal action. NATA has indicated its willingness to meet with APTA in the future to discuss resolution of these issues.

We must stand up and defend our right to practice. We have never attempted to restrict the practice of other professions. We believe others should not try to restrict ours. As athletic trainers, we expect to practice in settings and situations consistent with our training, education and licenses. Certified athletic trainers work under the supervision of physicians. If a physician believes an athletic trainer is the best choice to care for a patient, the athletic trainer should be allowed to do so.

A special word for our dual credentialed friends: I realize this suit may place you in an awkward position. The dispute between NATA and the APTA is fueled by the longtime anti-competitive tactics of APTA leadership and staff. Typically, the conflict does not exist between practitioners and colleagues in everyday work settings because each knows and values what the other brings to the table. Be proud of both your credentials; I acknowledge and honor them as do the rest of your fellow athletic trainers.

And finally, I will keep you informed of significant developments as they occur and we can make them public. Watch your monthly NATA News and e-Blast Newsletter for updates. If NATA staff can assist you with issues related to this action, please contact the Fair Practice Hotline at 800.879.6282 or info@nata.org and put "Fair Practice" in the subject line.

Sincerely,

Chuck Kimmel, ATC

President
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A number of links in the above letter are to password protected areas of the NATA website, so we can't access these.

NewsBot · Jul 2, 2008

And this from a newsletter of Feb 10

2. NATA Action- APTA

By now you’ve probably read about the lawsuit filed by NATA against the APTA and Orthopaedic Section of the APTA relating to APTA’s monopoly of the manual therapy market and other anti-competitive actions over the course of many years.

As athletic trainers, we must stand up and defend our right to practice. This action was taken by the NATA Board of Directors after careful consideration. We believe this lawsuit is necessary to protect the ability of certified athletic trainers to practice consistent with our competencies, scope of practice and licensure.

While we hope it will not occur, if there is workplace retaliation against ATs who work for physical therapists in PT clinics, outpatient and other rehab clinics, hospital clinics and other settings, we do ask you to immediately report any negative workplace circumstances to the NATA. This would include, for example, harassment, job demotion, termination, reduction of job responsibilities or reduced hours. You can report it to the “Fair Practice Hotline” by calling 800-TRY-NATA and ask for the Fair Practice Hotline. Or send an email to info@nata.org and put FAIR PRACTICE in the subject line.

We recognize that this lawsuit might place our dual-credentialed members in an awkward position. We also recognize that in many cases, there is no conflict between practitioners and colleagues in every day work settings because each knows and values what the other brings to the table. The conflict is primarily between the associations, their leadership and staffs.

NATA remains willing to meet with the APTA to discuss a resolution to these issues. NATA attempted to resolve these issues prior to filing the lawsuit, but the APTA was unwilling to seriously address the serious issues NATA raised.
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DrPod · Jul 2, 2008

Thanks. Nothing like a good stoush between professions to keep one interested. Please keep us updated. It would be much appreciated.

Admin2 · Jul 2, 2008

Related threads:
Chiropractors trying to control Massage Therapy
Podiatrist Not Competent as Expert Against Orthopedic Surgeon
Prosthetists & Orthotists vs Physical Therapists: Colleagues or Combatants?
"Dr" Nurse

DrPod · Jul 2, 2008

NewsBot said: ↑

We have never attempted to restrict the practice of other professions. We believe others should not try to restrict ours
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I particularly like this comment in the above NATA letter. Shame others don't follow the examaple.

Athletic Trainers vs Orthopaedic Section, APTA

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Athletic Trainers vs Orthopaedic Section, APTA

NewsBot The Admin that posts the news.

NewsBot The Admin that posts the news.

NewsBot The Admin that posts the news.

DrPod Active Member

Admin2 Administrator Staff Member

DrPod Active Member

Heat Moldable Custom Orthotic, Medium (Athletic) Profile

Book: Athletic Footwear and Orthoses in Sports Medicine, 2nd Ed

World Athletics modifies rules governing competition shoes for elite athletes

patients with a structual Hallux Limitus have decreased pain when walking in a light athletic shoe t

Intrinsic foot muscle strengthening and athletic performance

World-first biomechanics research on indoor athletics released in Birmingham

Largest ever biomechanics research project in athletics to be undertaken at IAAF World Championships

Share This Page

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