Joined: August 25, 2000
This court decision has more implications for current PT students who will take the NPTE in the near future. If anything, it hopefully should result in the lowering of the cost to take the national exam. When and if that will happen as a result of this decision has yet to be determined.
"Virginia Supreme Court Vindicates APTA in Appeal of Federation Lawsuit The Virginia Supreme Court announced today that it has reversed the City of Alexandria Circuit Court decision barring APTA's lawsuit against the Federation of State Boards of Physical Therapy. The Circuit Court had dismissed APTA's suit, agreeing with the Federation?s argument that, under the statute of limitations, APTA had filed its suit too late. The Supreme Court disagreed, ruling that APTA has timely claims and allowing APTA's suit to move forward.
APTA's suit targets the fee increases that the Federation has established for the national physical therapist examination that is used for state licensure purposes and that is owned by the Federation.
APTA contends that the Federation's recent examination fee increases violate the contract under which ownership of the examinations passed from APTA to the Federation. The Federation asserted that, if it breached the contract at all, the breach occurred only once when the Federation first raised the examination fee in 1995. Because the 5-year statute of limitations has expired with respect to that breach, the Federation argued that it cannot be sued for any of its later fee increases. On appeal, the Supreme Court rejected the Federation's arguments and held that APTA has a right to claim a new breach each time the Federation increases the examination fee in violation of the contract. The case has been returned to the Circuit Court for further proceedings and trial.
"We are extremely pleased with the Supreme Court's decision and its vindication of our position that each time the Federation raised the examination fee it gave rise to a separate breach of contract claim," stated APTA Chief Executive Officer Frank Mallon. "We now look forward to addressing the real issues behind the APTA complaint, namely the Federation?s unnecessary fee increases that are clearly in violation of the contract between our two organizations," Mallon added."