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Re: Sexual Harassment

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Your employee has brought up a very important concern. Having served on the

Oregon Physical Therapist Licensing Board I can tell you that you are taking a

great risk if you have a PT in a clinic alone. The situation described below is

a perfect example. What if the patient requires a sensitive pelvic mobilization

as a part of their treatment? You have no one in the room to witness the

treatment in order to protect both the patient and the therapist from any

accusations of impropriety. These things do get reported to the Licensing

Boards and they must conduct an investigation. There are reported cases where

a PT rebuffed a patient's advances and the patient filed a complaint against the

therapist in retaliation. PT's have lost their licenses in cases like this.

It can get costly for the PT if they have to get an attorney. It is also a huge

safety concern....what if your PT is attacked or harassed by the patient? Would

you leave a female PT in a clinic alone? I would think that an aide or a front

desk staff member could do some meaningful work in the back part of the clinic.

From: PTManager [mailto:PTManager ] On Behalf Of

abpt25

Sent: Wednesday, April 13, 2011 4:32 PM

To: PTManager

Subject: Sexual Harassment

Dear Group,

We have a therapist that works late and occasionally treats late patients with

no other staff in the facility. He brought up the topic of having someone else

there in case a female patient accuses him of sexual harassment. His argument is

that it would basically be his word against theirs.

Any suggestion regarding this? Would having someone sitting at the front desk

really make a difference? Any suggestions would be appreciated.

Balan

Solex Physical Therapy

Naples, FL

ABalan@...<mailto:ABalan%40solexcenters.com>

________________________________

This message is intended for the sole use of the addressee, and may contain

information that is privileged, confidential and exempt from disclosure under

applicable law. If you are not the addressee you are hereby notified that you

may not use, copy, disclose, or distribute to anyone the message or any

information contained in the message. If you have received this message in

error, please immediately advise the sender by reply email and delete this

message.

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I am located in rehab hospital based OP therapy clinic. We have a policy in

place where two employees (including the therapist) must be present anytime

a patient is receiving treatment. Obviously, the second person is not

typically present in the examination/treatment room, so any accusation by

the patient of inappropriate language or touch by the therapist could not be

verified by a witness. However, if the patient reports their complaint

while there, then it is much easier to ask questions and gather whatever

information you can while it is still fresh. Then contact your Risk

Management personnel or attorney to report this patient complaint ASAP.

Also, consider the benefit of two employees being present should a patient

experience a medical event.

The therapist’s response that it is his word against theirs is naïve at

best. I personally know of three therapists (with unquestionable integrity,

IMHO) that were accused of inappropriate touch of a female and put through

the painful process of a hearing and rulings. Of course, this information

is now attached to their license and is open to the public. I would

strongly urge you and any other clinic to adopt a policy of two employees

present while a patient is there for treatment.

Now there is a downside to this policy. That being if the second person is

late for work or calls in sick, we cannot see that patient sitting there

waiting to be seen until the second person arrives. This happens rarely,

but it does happen. Or, the last patient of the day arrives really late for

their appointment and treatment time will take the second staff member past

their quitting time, you look at possibly paying some overtime if you wish

to go ahead and treat the patient.

Bob Lueke, PT

Lincoln, NE

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-

Very good topic. In this day and age, I'd strongly recommend that a staff

person of the opposite sex be present, not just at the front desk, but in

the treatment room. You or your therapist don't even have to be wrong: just

an allegation or a raised eyebrow can ruin a reputation. You've worked too

hard to risk it all.

Hope that helps .

Dick Hillyer

Dr. Hillyer, DPT,MBA,MSM

Hillyer Consulting

700 El Dorado Pkwy W.

Cape Coral, FL 33914

Mobile

_____

From: PTManager [mailto:PTManager ] On Behalf

Of abpt25

Sent: Wednesday, April 13, 2011 7:32 PM

To: PTManager

Subject: Sexual Harassment

Dear Group,

We have a therapist that works late and occasionally treats late patients

with no other staff in the facility. He brought up the topic of having

someone else there in case a female patient accuses him of sexual

harassment. His argument is that it would basically be his word against

theirs.

Any suggestion regarding this? Would having someone sitting at the front

desk really make a difference? Any suggestions would be appreciated.

Balan

Solex Physical Therapy

Naples, FL

ABalan@... <mailto:ABalan%40solexcenters.com>

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Absolutely, NO therapist should ever be in a clinic by his or herself treating

patients.

Ron Barbato PT

Corporate Director, Rehabilitation Services

Program Director, Cancer Support Services

________________________________

From: PTManager on behalf of abpt25

Sent: Wed 4/13/2011 7:31 PM

To: PTManager

Subject: Sexual Harassment

Dear Group,

We have a therapist that works late and occasionally treats late patients with

no other staff in the facility. He brought up the topic of having someone else

there in case a female patient accuses him of sexual harassment. His argument is

that it would basically be his word against theirs.

Any suggestion regarding this? Would having someone sitting at the front desk

really make a difference? Any suggestions would be appreciated.

Balan

Solex Physical Therapy

Naples, FL

ABalan@...

------------------------------------

In ALL messages to PTManager you must identify yourself, your discipline and

your location or else your message will not be approved to send to the full

group.

Physician Self Referal/Referral for Profit {POPTS} is a serious threat to our

professions. PTManager is not available to support POPTS-model practices. The

description of PTManager group includes the following:

" PTManager believes in and supports Therapist-owned Therapy Practices ONLY "

Messages relating to " how to set up a POPTS " will not be approved

PTManager encourages participation in your professional association. Join APTA,

AOTA or ASHA and participate now!

Follow Kovacek, PT on Facebook or Twitter.

PTManager blog: http://ptmanager.posterous.com/

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Absolutely, NO therapist should ever be in a clinic by his or herself treating

patients.

Ron Barbato PT

Corporate Director, Rehabilitation Services

Program Director, Cancer Support Services

________________________________

From: PTManager on behalf of abpt25

Sent: Wed 4/13/2011 7:31 PM

To: PTManager

Subject: Sexual Harassment

Dear Group,

We have a therapist that works late and occasionally treats late patients with

no other staff in the facility. He brought up the topic of having someone else

there in case a female patient accuses him of sexual harassment. His argument is

that it would basically be his word against theirs.

Any suggestion regarding this? Would having someone sitting at the front desk

really make a difference? Any suggestions would be appreciated.

Balan

Solex Physical Therapy

Naples, FL

ABalan@...

------------------------------------

In ALL messages to PTManager you must identify yourself, your discipline and

your location or else your message will not be approved to send to the full

group.

Physician Self Referal/Referral for Profit {POPTS} is a serious threat to our

professions. PTManager is not available to support POPTS-model practices. The

description of PTManager group includes the following:

" PTManager believes in and supports Therapist-owned Therapy Practices ONLY "

Messages relating to " how to set up a POPTS " will not be approved

PTManager encourages participation in your professional association. Join APTA,

AOTA or ASHA and participate now!

Follow Kovacek, PT on Facebook or Twitter.

PTManager blog: http://ptmanager.posterous.com/

Link to comment
Share on other sites

Guest guest

Absolutely, NO therapist should ever be in a clinic by his or herself treating

patients.

Ron Barbato PT

Corporate Director, Rehabilitation Services

Program Director, Cancer Support Services

________________________________

From: PTManager on behalf of abpt25

Sent: Wed 4/13/2011 7:31 PM

To: PTManager

Subject: Sexual Harassment

Dear Group,

We have a therapist that works late and occasionally treats late patients with

no other staff in the facility. He brought up the topic of having someone else

there in case a female patient accuses him of sexual harassment. His argument is

that it would basically be his word against theirs.

Any suggestion regarding this? Would having someone sitting at the front desk

really make a difference? Any suggestions would be appreciated.

Balan

Solex Physical Therapy

Naples, FL

ABalan@...

------------------------------------

In ALL messages to PTManager you must identify yourself, your discipline and

your location or else your message will not be approved to send to the full

group.

Physician Self Referal/Referral for Profit {POPTS} is a serious threat to our

professions. PTManager is not available to support POPTS-model practices. The

description of PTManager group includes the following:

" PTManager believes in and supports Therapist-owned Therapy Practices ONLY "

Messages relating to " how to set up a POPTS " will not be approved

PTManager encourages participation in your professional association. Join APTA,

AOTA or ASHA and participate now!

Follow Kovacek, PT on Facebook or Twitter.

PTManager blog: http://ptmanager.posterous.com/

Link to comment
Share on other sites

Guest guest

I absolutely concur with Mr. Hillyer. We never see patients with only 1

staff member present. There should always be a 2nd person present for

safety and to prevent the situation outlined below.

Have a terrific day!

Chad

________________________________

From: PTManager [mailto:PTManager ] On

Behalf Of Dick Hillyer

Sent: Wednesday, April 13, 2011 7:12 PM

To: PTManager

Subject: RE: Sexual Harassment

-

Very good topic. In this day and age, I'd strongly recommend that a

staff

person of the opposite sex be present, not just at the front desk, but

in

the treatment room. You or your therapist don't even have to be wrong:

just

an allegation or a raised eyebrow can ruin a reputation. You've worked

too

hard to risk it all.

Hope that helps .

Dick Hillyer

Dr. Hillyer, DPT,MBA,MSM

Hillyer Consulting

700 El Dorado Pkwy W.

Cape Coral, FL 33914

Mobile

_____

From: PTManager <mailto:PTManager%40yahoogroups.com>

[mailto:PTManager <mailto:PTManager%40yahoogroups.com> ]

On Behalf

Of abpt25

Sent: Wednesday, April 13, 2011 7:32 PM

To: PTManager <mailto:PTManager%40yahoogroups.com>

Subject: Sexual Harassment

Dear Group,

We have a therapist that works late and occasionally treats late

patients

with no other staff in the facility. He brought up the topic of having

someone else there in case a female patient accuses him of sexual

harassment. His argument is that it would basically be his word against

theirs.

Any suggestion regarding this? Would having someone sitting at the front

desk really make a difference? Any suggestions would be appreciated.

Balan

Solex Physical Therapy

Naples, FL

ABalan@... <mailto:ABalan%40solexcenters.com>

<mailto:ABalan%40solexcenters.com>

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I absolutely concur with Mr. Hillyer. We never see patients with only 1

staff member present. There should always be a 2nd person present for

safety and to prevent the situation outlined below.

Have a terrific day!

Chad

________________________________

From: PTManager [mailto:PTManager ] On

Behalf Of Dick Hillyer

Sent: Wednesday, April 13, 2011 7:12 PM

To: PTManager

Subject: RE: Sexual Harassment

-

Very good topic. In this day and age, I'd strongly recommend that a

staff

person of the opposite sex be present, not just at the front desk, but

in

the treatment room. You or your therapist don't even have to be wrong:

just

an allegation or a raised eyebrow can ruin a reputation. You've worked

too

hard to risk it all.

Hope that helps .

Dick Hillyer

Dr. Hillyer, DPT,MBA,MSM

Hillyer Consulting

700 El Dorado Pkwy W.

Cape Coral, FL 33914

Mobile

_____

From: PTManager <mailto:PTManager%40yahoogroups.com>

[mailto:PTManager <mailto:PTManager%40yahoogroups.com> ]

On Behalf

Of abpt25

Sent: Wednesday, April 13, 2011 7:32 PM

To: PTManager <mailto:PTManager%40yahoogroups.com>

Subject: Sexual Harassment

Dear Group,

We have a therapist that works late and occasionally treats late

patients

with no other staff in the facility. He brought up the topic of having

someone else there in case a female patient accuses him of sexual

harassment. His argument is that it would basically be his word against

theirs.

Any suggestion regarding this? Would having someone sitting at the front

desk really make a difference? Any suggestions would be appreciated.

Balan

Solex Physical Therapy

Naples, FL

ABalan@... <mailto:ABalan%40solexcenters.com>

<mailto:ABalan%40solexcenters.com>

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Guest guest

I absolutely concur with Mr. Hillyer. We never see patients with only 1

staff member present. There should always be a 2nd person present for

safety and to prevent the situation outlined below.

Have a terrific day!

Chad

________________________________

From: PTManager [mailto:PTManager ] On

Behalf Of Dick Hillyer

Sent: Wednesday, April 13, 2011 7:12 PM

To: PTManager

Subject: RE: Sexual Harassment

-

Very good topic. In this day and age, I'd strongly recommend that a

staff

person of the opposite sex be present, not just at the front desk, but

in

the treatment room. You or your therapist don't even have to be wrong:

just

an allegation or a raised eyebrow can ruin a reputation. You've worked

too

hard to risk it all.

Hope that helps .

Dick Hillyer

Dr. Hillyer, DPT,MBA,MSM

Hillyer Consulting

700 El Dorado Pkwy W.

Cape Coral, FL 33914

Mobile

_____

From: PTManager <mailto:PTManager%40yahoogroups.com>

[mailto:PTManager <mailto:PTManager%40yahoogroups.com> ]

On Behalf

Of abpt25

Sent: Wednesday, April 13, 2011 7:32 PM

To: PTManager <mailto:PTManager%40yahoogroups.com>

Subject: Sexual Harassment

Dear Group,

We have a therapist that works late and occasionally treats late

patients

with no other staff in the facility. He brought up the topic of having

someone else there in case a female patient accuses him of sexual

harassment. His argument is that it would basically be his word against

theirs.

Any suggestion regarding this? Would having someone sitting at the front

desk really make a difference? Any suggestions would be appreciated.

Balan

Solex Physical Therapy

Naples, FL

ABalan@... <mailto:ABalan%40solexcenters.com>

<mailto:ABalan%40solexcenters.com>

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Guest guest

I wonder what happens in home health when there is usually only the therapist

and the patient. Does every therapist bring and aide with them to observe? I

have treated with only myself and the patient in that setting. It seems the same

liability would hold true there as well.

Kunkel PT, PhD, MLD-CDT

On Apr 14, 2011, at 9:37 AM, " Chad Yoakam "

wrote:

> I absolutely concur with Mr. Hillyer. We never see patients with only 1

> staff member present. There should always be a 2nd person present for

> safety and to prevent the situation outlined below.

>

> Have a terrific day!

>

> Chad

>

> ________________________________

>

> From: PTManager [mailto:PTManager ] On

> Behalf Of Dick Hillyer

> Sent: Wednesday, April 13, 2011 7:12 PM

> To: PTManager

> Subject: RE: Sexual Harassment

>

>

>

>

> -

>

> Very good topic. In this day and age, I'd strongly recommend that a

> staff

> person of the opposite sex be present, not just at the front desk, but

> in

> the treatment room. You or your therapist don't even have to be wrong:

> just

> an allegation or a raised eyebrow can ruin a reputation. You've worked

> too

> hard to risk it all.

>

> Hope that helps .

>

> Dick Hillyer

>

>

> Dr. Hillyer, DPT,MBA,MSM

> Hillyer Consulting

> 700 El Dorado Pkwy W.

> Cape Coral, FL 33914

>

> Mobile

>

>

> _____

>

> From: PTManager <mailto:PTManager%40yahoogroups.com>

> [mailto:PTManager <mailto:PTManager%40yahoogroups.com> ]

> On Behalf

> Of abpt25

> Sent: Wednesday, April 13, 2011 7:32 PM

> To: PTManager <mailto:PTManager%40yahoogroups.com>

> Subject: Sexual Harassment

>

> Dear Group,

>

> We have a therapist that works late and occasionally treats late

> patients

> with no other staff in the facility. He brought up the topic of having

> someone else there in case a female patient accuses him of sexual

> harassment. His argument is that it would basically be his word against

> theirs.

>

> Any suggestion regarding this? Would having someone sitting at the front

> desk really make a difference? Any suggestions would be appreciated.

>

> Balan

> Solex Physical Therapy

> Naples, FL

> ABalan@... <mailto:ABalan%40solexcenters.com>

> <mailto:ABalan%40solexcenters.com>

>

>

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Guest guest

I absolutely agree with your therapist. To be left alone to treat patients,

male or female, exposes the PT and the management to liability. In some

states it is illegal. He is correct in stating it would be his word against

the patient's, but more importantly, he could be completely innocent of

wrongdoing and his career, and reputation would be over. People generally

love gossip and, unfortunately, there are those who would just assume he did

something wrong. Like it, or not, some of the things we do as PTs can be

easily misconstrued and the man will always be presumed guilty--even after

being proved innocent.

Jordan, PT, MPT, OCS

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