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Chris Musillo on Nurse and Allied Health Immigration

Federation Discrimination?

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by Chris Musillo


As was mentioned in the Monday posting, the Federation of State Boards of Physical Therapy immediately has barred graduates of Physical Therapy university programs in the Philippines, India, Egypt and Pakistan from taking the U.S. National Physical Therapy Exam. Since our post on Monday more news has come out:

- The ban impacts anyone who has received their first professional degree from a school in the four named countries. For example, an applicant presently in a United States Masters PT program would be barred from taking the NPTE if they previously received a degree from a Philippine university.


- The Federation is has been involved in a lawsuit in the Philippines for several years. The lawsuit is based upon past incidents of alleged cheating.


- The "cheating" appears to be allegations of tests-takers memorizing questions and then regurgitating the questions to other students.


- There does not appear to be any allegation that any universities in the four countries engaged in any malfeasance. The cheating allegations are limited to certain test takers and certain review centers.


- More countries may be added to the banned list.



While the Federation needs to preserve the integrity of the test, the Federation's remedy is overbroad and perhaps illegal. US law does not allow discrimination on the basis of national origin. US law also assures all of due process and equal protection.

The Federation will likely argue that their approach - banning graduates of Universities in the Philippines, India, Egypt and Pakistan -- is not a ban on nationals of those countries. This appears to be a distinction without a difference. The vast majority of university graduates are nationals of the country where the university is located.

MU has been working with industry leaders to craft a reply and a response to the Federation. We ask that Therapists and employers of Therapists contact their
State Board of Physical Therapy to protest the Federation's actions. If the State Boards hear from enough people, they may prompt the Federation to change their approach. Please take a minute to contact your State Board.



To read the full Healthcare and Immigration Law Blog, visit www.musillo.com or www.ilw.com.

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Comments

  1. Jim's Avatar
    Chris,


    Hope MU can also add in the current ruling of CA Board of Registered Nursing of restricting foreign-borned applicants to apply to their Board if w/o a US SSN. If I'm not mistaken, it is only their Board that does that and what other Boards do (and what CA BRN previously did)is to let them apply but do not give the actual license until the applicant is able to give a US SSN.

    At the very least, they should not require a US SSN to extend the so-called NCLEX-pass letters they give for those who were able to apply and passed NCLEX via there Board but could not give a US SSN because they are still on their home countries because of visa retrogression and therefore could not possibly get a US SNN.

    Thanks.
  2. naga's Avatar
    Dear Chris,

    You have not updated what was the outcome of the AILA week.

    What new efforts have been made.

    Kindly update us

    Thanks

    Best Regards
    Naga
  3. Jay's Avatar
    @Naga,
    Update: Food was fantastic. what else do you want to hear?
    are you hoping for Nurse visa bill, visa re-capture, CIR, etc.
    I am also eager to hear some positive news on atleast the Nurse visa bill, if not the complete CIR, but all my hopes are coming to an end. It is time to wake up and accept the reality.
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