Physical therapy is a field dedicated to improving patients’ health, quality of life, and mobility. Therefore, when you kickstart your career as a physical therapist (PT) or PT assistant, you must provide the highest caliber of physical therapy to your patients to consistently meet the high standards of the industry. The California Physical Therapy Board (PTB) constantly scrutinizes your practice, which increases the threat to your license because of a complaint or lawsuit.
An accusation or complaint makes it challenging for you to apply the skills you have worked so hard to acquire and to help people. At San Francisco License Lawyer, we understand that a simple mistake or false accusation can threaten your license. Our lawyers will work tirelessly to protect your career and income and ensure you continue doing what you love to do.
The Functions of Physical Therapists
Chronic illnesses and accidents impair the ability of many Californians to perform routine tasks or undertake simple tasks on a daily basis. Poor health, lack of fitness, restricted mobility, and persistent pain make many patients feel hopeless. Fortunately, physical therapists come in to restore hope, mobility, and quality of life for these individuals.
For PTB to approve your skills and allow you to practice physical therapy, you must complete five years of education and training, obtain a master’s degree, and specialize in neuroanatomy, biomechanics, or any other specialty. You must attain the highest level of education and training before sitting for the state or federal license exams. Even after obtaining the license, you must participate in continuing education programs and meet the industry standards to retain the permit.
Your patients and their loved ones have high expectations when they hire you for the physical therapy services. Retaining your services gives patients hope that they will regain mobility, be relieved of pain, and resume performing tasks, thereby minimizing dependence on caregivers. Unfortunately, you might fail to meet the expectations of patients and their families, which can lead to frustration and false or exaggerated accusations of incompetence or misconduct. Any accusation, even if false or minor, can threaten your permit and reputation.
You need an experienced PT license defense lawyer in your corner if you are under investigation by the regulatory agency. The right lawyer understands the time, money, and dedication it takes to acquire physical therapy skills and to obtain permission to use them. Additionally, a seasoned lawyer is familiar with the administrative process and how to negotiate for a fair settlement or craft a defense against the accusations to preserve your accreditation.
California PTB Disciplinary Guidelines
California PTB regulates approximately 20,000 licensees. While the regulatory agency oversees licensed PTs and their assistants, its mandate is not to protect them. Instead, the board’s mission is to safeguard patients and the public by ensuring they receive the highest standard of physical therapy care. It achieves this mission by enforcing its rules and regulations and holding PTs accountable to various state and federal regulations.
Additionally, the board attains its mission by restricting license issuance, canceling or withdrawing existing permits, placing permits on probation to encourage rehabilitation, and imposing other relevant disciplinary measures. The board has a guideline, available on its website, detailing recommendations that Administrative Law Judges (ALJs) can rely on when issuing a verdict in an administrative hearing.
As the board works to fulfill its mandates, you have a role to play as a PT. You use the skills you have taken years to acquire to improve the lives and abilities of people injured in accidents or suffering from chronic conditions. You relieve your patient’s pain, restore their mobility, and enhance their overall health.
Your permit is your whole life. You rely on it to improve your patients’ lives, build your career, pay bills, care for yourself and your family, and plan for the future. Therefore, a threat to this license could halt all aspects of your life, hence the need to aggressively defend it. Contact your defense attorney immediately when you are notified of an impending investigation.
The violations that threaten your physical therapy permit are:
- Drug or alcohol abuse or addiction while performing your duties
- A conviction or arrest for a felony or misdemeanor offense with a substantial relationship to your capacity to safely offer physical therapy services.
- Hiring PT assistants who are not properly licensed
- Professional misconduct
- Operating outside the bounds or scope of your permit
- Failing to supervise your assistants adequately
- Modifying, forging, or poorly maintaining patients’ records
- Not maintaining patient confidentiality
- Engaging in sexual misconduct with patients and clients
- Sharing false or incorrect nutritional instructions with patients
- Having a physical or mental illness that impairs your capacity to practice
- Physical assault or abuse
- Having a drunk or drugged driving offense, even outside business hours
- Declining to provide a patient’s records upon request
- Engaging in verbal abuse or sexual harassment conduct
- Gross negligence or incompetence
- Disregarding infection control measures
- Prescribing medication or offering treatment more than is required
- Engaging in misleading or inaccurate advertising
- Fraudulently obtaining your PT permit
Most of these complaints are dismissed by the board upon receipt because they lack merit or cannot be substantiated. PTB also investigates some violations but ultimately dismisses these cases for insufficient evidence. However, you cannot fail to take legal action after receiving a complaint from the board because you are counting on a dismissal. Any violation, even the one that looks less serious, puts your permit on the line, hence the need to lawyer up whenever you face an accusation.
The Disciplinary Process
PTB initiates a disciplinary proceeding immediately it receives a complaint against one of its licensees. The complaints can come from various sources, including friends, colleagues, patients, or any other third party that reasonably believes you have engaged in a violation. Additionally, the regulatory authority can initiate a proceeding after receiving information about a criminal arrest or conviction that has a substantial relationship to your physical therapy skills and roles.
When PTB receives a grievance, the Division of Consumer Protection Services takes over. An enforcement analyst from the division examines the facts of the accusation and determines if it falls under the PTB’s mandate. If it does, the enforcer will collect more information about the violation, including contacting you for your side of the story regarding the accusations. Contingent on the information acquired, the expert can close the case or refer it to PTB’s investigation division for further inquiries.
If your case is dropped, you do not have anything to worry about. However, when your file is referred for investigations, it is good to hire an attorney for guidance. The investigators will interview you, the accuser, and any witnesses with information regarding the case. So, having a lawyer on your side is crucial, as they will guide you in the interview to ensure you do not disclose details that could hurt your defense or appear to be uncooperative. The investigator will review your patient records, billing records, and any other documentation that may provide further information on the accusation. The action the board will take hinges on the facts established by the investigator on the alleged violation.
PTB has several options after the investigations, including:
- Closing your file if your accusation cannot be substantiated, but reserving your record for at least five years.
- Close the file, but preserve it indefinitely if investigators found incriminating evidence, but it was not sufficient to warrant legal action against you.
- A citation accompanied by a monetary fine of at most $5,000
- Referring the case to the Attorney General’s (AG) Office for a filing of a formal accusation or disciplinary charge. When your case is referred to the AG for an administrative hearing, you must prepare sufficiently because an unfavorable verdict could result in license revocation or withdrawal.
Having an experienced lawyer when preparing for the hearing is advisable, as they will use their negotiation skills to reach a favorable settlement before the case reaches the ALJ. If no settlement happens before the hearing, your attorney must gather evidence, witness testimony, and mitigating circumstances to improve your chances of a fair verdict.
After hearing arguments and evaluating evidence from both sides, the ALJ issues a decision in accordance with the PTB disciplinary guidelines. The verdict is not final but a suggestion to the board on the most appropriate disciplinary action, depending on the evidence and assertions submitted in the administrative proceeding.
When PTB receives the ALJ’s proposal after the hearing, they can adopt the proposal or revise the suggested disciplinary measures upwards or downwards. If you are unsatisfied with the decision, you can appeal the decision in court. Nevertheless, during the appeal, you cannot introduce evidence that was not submitted in the administrative proceeding. The purpose of the appeal is to show the board was unfair to you in their decision, so the only evidence the court will review is the one submitted in the administrative proceeding. The goal is to identify errors or omissions that could have been made by the ALJ or PTB that led to the unsatisfactory verdict.
Defending Your Physical Therapy License Against an Alleged Violation
Various allegations can put your PTB issued license at risk of revocation, suspension, or any other disciplinary measure. Losing the permit will dent your reputation, lead to job loss if you are employed (you cannot work without a permit), and result in a loss of income. Without the permit, you will lose the identity you worked so hard to build. Therefore, it is good to defend the license with everything you have. Your best chance of protecting your permit is to retain a competent license defense lawyer. A competent lawyer will protect your permit in several ways, including:
- Contest the Complaint or Allegation Against You
Physical therapists are healthcare professionals. As such, they must adhere to the strict health codes and safety guidelines. If you engage in violation and a complaint is filed against you, your permit is in jeopardy. You could face an administrative proceeding, a civil lawsuit, or a criminal charge, all of which could result in punitive punishment.
Consulting a seasoned PT license defense lawyer will increase your chances of a fair verdict. If you do not hire an attorney on time to file a response or answer, you could relinquish the right to defend yourself. However, if you have a competent legal representative on your side, they will ensure you respond to the investigation and formal accusation notice on time to preserve your right to defend against the complaint. Partnering with a lawyer early in the case also gives them time to analyze the case and gather new evidence that could help you negotiate for a fair settlement or case dismissal.
If the case goes to the administrative hearing, your attorney will defend you to prevent a license cancellation or suspension. If the verdict is unfavorable, they will appeal the decision.
- Defending Against a Citation and Fine
Even though a citation and fine seem lenient because they allow you to retain the ability to practice, they can hurt your credibility, especially if made public. Paying a fine is an admission of guilt. Therefore, your attorney should fight the citation in an informal conference, seeking to compel the board to make the citation private, dismiss the case, remove the citation from your record, or reduce the fine. There is a timeline for requesting the informal conference, so you need an attorney on your side to help you meet these deadlines. If you do not contest the citation on time and lose the right to challenge it, ensure that you comply with its requirements. Ignoring it because you believe it is unfair is a big mistake that could even result in a license suspension or revocation, even for a minor violation.
- Challenging a Revocation or Suspension
If you engaged in professional misconduct and there is sufficient evidence to prove it, you risk a license cancellation or withdrawal. With a canceled or revoked permit, you lose the capacity to practice indefinitely, while a suspension only prevents you from practicing for a stipulated duration.
A seasoned lawyer will defend you against any of these severe punishments or use mitigating circumstances to obtain a license probation instead of revocation.
Find a Seasoned Physical Therapy License Defense Lawyer Near Me
If you are a physical therapist or PT assistant and you receive an investigation notice or official charge notice, you should not hesitate to consult an experienced physical therapy license defense lawyer. The consequences of an investigation or disciplinary action are devastating, hence the need to seek professional guidance.
At San Francisco License Lawyer, we understand the punitive consequences on the line if the PTB substantiates the accusation, which is why we are here to prevent the consequences or obtain a lenient punishment. Call us at 415-496-2811 to discuss your case.
