Vol. 8, No.6

August 2003

FCC Throws Associations a Nasty Curve

Signed Permission to Fax Information Now a Requirement

No faxes about the Annual Meeting, conferences, products, services, or even dues renewal notices, without written permission from the member.

Beginning August 25, associations will no longer be able to fax members information about a meeting, conference promotion, program registration form, new book advertisement, membership renewal invoice, or other "unsolicited advertisements" without first obtaining the signed, written consent of the recipient for the specific fax number to which the fax is sent. The Federal Communications Commission (FCC) issued the new regulations which were published in the July 25 Federal Register. The rules are sending shockwaves through the association community, as organizations like the Academy, AOPA, ABC, and thousands of other associations learn about the new requirements.

Most of the attention directed to this high-profile rulemaking was aimed at the "do-not-call" list for telemarketing companies, which generally should not impact trade and professional associations. However, the FCC made significant changes to the rules governing unsolicited faxes, which will have a direct and substantial impact on associations that routinely distribute information and promotional materials by fax. In a nutshell, the FCC eliminated the "established business relationship" exception to the general ban on sending unsolicited advertisements by fax. The "established business relationship" was defined as: "A prior or existing relationship formed by a voluntary two-way communication between a person or entity and a residential subscriber with or without an exchange of consideration, on the basis of the subscriber's inquiry, application, purchase or transaction by the residential subscriber regarding products or services offered by such person or entity, which relationship has not been previously terminated by either party." In other words, an association automatically had an established business relationship with its members by virtue of their voluntarily joining the organization. The new rules now prohibit associations from sending most faxes to members and others without first obtaining signed, written consent.

To understand how broad this prohibition is, imagine that a practitioner calls the Academy and asks to be faxed a membership application or a registration form for an upcoming seminar. The Academy would be violating the Telephone Consumer Protection Act (TCPA) - and subject to penalty - if it faxes the requested document without first obtaining signed written consent. Similarly, if an association sends its members a reminder by fax that it is time to pay next year's membership dues, but does not have signed consent from each member, it would be violating the rules. Doing so would subject the association to potential FCC enforcement, state enforcement, and more importantly, a private lawsuit for up to $1,500 per violation ($500 per violation, which can tripled if the violation is willful).

The American Society of Association Executives, the professional organization for individuals who manage associations and other nonprofit organizations, is one of several organizations to file petitions for clarification and petitions for reconsideration with the FCC. Meanwhile, the Academy will begin obtaining permission forms from its members.

Academy and AOPA to Forego a Combined Annual Meeting Concept

Academy President Donald E. Katz, CO, FAAOP and AOPA President Jon P. Leimkuehler, CPO, FAAOP ended their phone call on a high note. Both promised to continue to pursue ways to work together on annual meeting programming, legislative issues, and other activities.

A joint task force comprised of leaders and members from both organizations, including suppliers, had been investigating the feasibility of combining AOPA's National Assembly and the Academy's Annual Meeting and Educational Symposium into one "super" meeting for the O&P community.

Key questions examined by the task force were whether combining the meetings would produce a greater result than just the sum of the two meetings in the areas of member/attendee benefit and attendance, cost savings, and net revenue. Pertinent data of past annual meetings from each organization were averaged to serve as a reference for numerous estimates. Some estimates suggested a financial benefit to both organizations, while others suggested the increase in attendance would not be proportional to the anticipated increase in expenses. AOPA offered a financial model that suggested the two organizations could collectively bring in more income than with separate meetings. Executive Director Tyler Wilson described it as " a good thing for exhibitors and members and would mean more resources combined through a reduction of duplicate expenses."

Estimates on attendance was an issue

Both meetings offer technical and scientific sessions that award a significant number of PCE credits and an industry-wide trade show that includes the latest in O&P technology and services. "As we looked further we learned O&P facilities would have a difficult time allowing practitioners to attend the one (combined) meeting," explained Frank H. Bostock, CO, FAAOP, a member of the task force. "Facilities would find it impossible to shut down their operations for four to five days to have all their practitioners to attend a joint meeting. Two meetings allow a facility to schedule some practitioners to attend the Academy meeting in the spring and others to attend the AOPA Assembly in the fall." Records indicate less than 10 percent overlap in attendance by practitioners.

Five-year commitment considered too great a risk

Conventions and trade shows necessarily need to book space two to three years in advance. Based partly on this, hosting a "trial combined meeting" was generally viewed as impractical. The possibility of hosting a combined meeting every 3 years was considered, but this model didn't meet the primary objectives of the combined meeting proponents. A 5-year commitment to the process was proposed as being necessary for the concept to have any chance for success.

"As a member of this task force, I felt it was critically important that we evaluate all aspects of this concept. Our goal was to do an objective analysis of historical meeting data, and to utilize this information as a foundation to estimate how a combined meeting could be organized. While there's little doubt a meeting like this is logistically feasible, AOPA felt the concept should only be pursued if all were willing to agree on a five-year commitment to the process. Our annual meeting continues to be our most successful event of the year to support a number of other initiatives deemed important for our members. For instance, the upcoming year will be the culmination of our aggressively pursuing grants to further education and research in O&P. Further, the Academy should foster partnering relationships with other healthcare professionals and their respective professional associations to further advance educational offerings on behalf of the patients we serve. The best way to achieve this goal is to jointly study any number of educational venues. This requires the Academy to be in a position of maximum flexibility with respect to meeting calendars and content. Thus, a five-year commitment to forego our independent, annual meeting for our members in lieu of a combined meeting with one of our sister organizations at this time is not in the best interest of the organization, and by extension, the profession of orthotics and prosthetics." Katz explained.

"I was disappointed we couldn't make this work at this time," said AOPA President-Elect Keith Cornell, CPO, FAAOP. "I hope we'll look at it again in a few years." The Academy continues to be open to partnering with AOPA in other ways. "Our relationship with AOPA is as strong and important as ever. We are open to collaborating on program content, partnering on legislative issues where possible, and other opportunities to work together," Katz noted.

Academy annual meetings are booked for February 25-28, 2004 in New Orleans and March 16-19, 2005 in Orlando.

Academy Partners with American Assn for People with Disabilities on Disability Mentoring Day: October 15, 2003

In 1999, 36 students visited the White House where they spent the day with government employees and learned about jobs. The following year, the American Association of People with Disabilities (AAPD) helped the event establish a national presence with more than 250 students from 14 states participating. Last year's program included more than 3,300 mentees.

Disability Mentoring Day (DMD) is an opportunity for people with disabilities to visit workplaces to learn about job skills and responsibilities. The Academy, in cooperation with the Amputee Coalition of America (ACA), will work to increase the number of O&P consumers participating in the mentoring program. DMD currently encompasses mentees with a wide range of disabilities, not just amputations and orthopedic impairments.

Many practitioners are also O&P consumers or became involved in the profession because they had a relative or knew someone that uses an orthosis or prosthesis. ACA will recruit DMD mentees from their membership, while the Academy will help supply mentors for the program. Although true mentoring takes more than one day's time, an O&P practitioner volunteer may commit to a single day's activities or opt to continue to serve as a mentor throughout the year. Program coordinators nationwide help plan local activities that suit the interests and abilities of the participants and mentors.

The Academy views DMD as the perfect addition to its current O&P awareness and outreach activities and job shadowing events. "While most amputees already know about the O&P profession firsthand, a 'mentoring day' would provide an inside look at the daily responsibilities of an O&P practitioner and some of the behind-the-scenes workings of an O&P facility," says Julie G. Hayes, director of development and communications for the Academy.

For more information on DMD, visit www.dmd-aapd.org or contact Julie G. Hayes at 703-836-0788, ext. 203 or email: pql@oandp.org.

O&P Awareness Spotlight

Scott Cummings, PT, CPO, New Step O&P in Manchester, NH, spent one July morning speaking with two dozen 4th-9th graders and 15 high school aged counselors that were gathered as part of FIRST (For Inspiration and Recognition of Science and Technology) Science Camp. He brought the campers samples of myo-electric and more conventional upper extremity prostheses as well as examples of transfemoral prosthetic devices. The campers had been engaged in rock-climbing activities the past few days, so Scott tasked them with the responsibility of "creating" a lower-extremity prosthesis that would allow a disabled hiker to walk a mile into the woods, climb an 800-foot cliff, lower themselves back down and hike back out of the forest. The counselors were so intrigued by the activity that they joined in with the campers to offer their ideas and suggestions. Scott was amazed by the creativity and forethought of the campers. Most teams reported that the prosthesis needed to be lightweight and possibly waterproof in the case of inclement weather. One team suggested incorporating the prosthetic device's suspension system with the harnessing system one would need to rock climb.

Each group had 30-minutes to come up with a "design" and present their ideas. "The kids had a great time and gained a better understanding of O&P and how certain prosthetic devices function, " explained Cummings. "They were particularly delighted they could get paid to help people participate more fully in life. "

Editor's Note: We'd like to share how you are helping to put O&P in the spotlight in your area and encourage others to do the same in their local areas. Please share your O&P awareness and outreach stories by contacting Julie G. Hayes at 703-836-0788, ext. 203 or email: pql@oandp.org.

In the Mail . . .

Giving Back Brochure - You've heard about it! You've read about it in recent Academicians. You'll soon be receiving an O&P Giving Back brochure in your mailbox that outlines structured giving options which offer O&P practitioners and facility owners the ability to plan their support of Project Quantum Leap. Additional information about PQL or to make an online donation, visit www.oandp.org/pql or contact Julie G. Hayes at 703-836-0788, ext. 203 or email: pql@oandp.org.

CEC-1 Brochure - Look for details on the Sept 12-13 Continuing Education Conference in Las Vegas featuring two clinical discussions on stance control orthotic knee joints, as well as management of the neuropathic lower extremity, transfemoral alignment considerations and gait deviations, gait patterns commonly seen in stroke patients, among others. For the first time findings from the Microprocessor Prosthetic Knee Forum held at Walter Reed Army Medical Center will also be presented.

ACPOC Call for Papers - ACPOC is looking for creative solutions, workshops, challenging cases, and symposia for their annual meeting in Banff, Alberta, Canada March 24-27, 2004. Contact Raymond@aaos.org 847 698-1637 for submission details.

The Academy : Your Home for Clinical Education

Academy President Donald E. Katz, CO, FAAOP feels the Clinical Content Committee for the 2004 Annual Meeting has put together a superlative clinical program. "This is one of the best and most comprehensive clinical programs I have seen," he said after a recent update by the committee. The program will feature six instructional courses and six symposia.

NEW: The 2004 Annual Meeting will mark the debut of the new Clinical Techniques sessions. These sessions, based on similar formats offered at international meetings, will provide tangible knowledge that attendees can immediately implement in their practices. The class size for these specialized two-day, 1½-hour programs will be limited.

The 2004 Academy Annual Meeting Session Preview will arrive by mail in early September. This preview will highlight the topics of the instructional courses, symposia and clinical techniques sessions. Plan now to be in New Orleans, February 25-28 (immediately after Mardi Gras).