You must make significant investments to secure a physical therapy license in California. However, you risk losing your professional license and livelihood due to an allegation of misconduct, poor treatment, substance abuse, or a criminal charge. The Physical Therapy Board Of California is the regulatory body for physical therapists and assistants. The board is serious and strict in enforcing its standards on the industry.

You need an aggressive license attorney if your professional license is at risk. The skills and experience of a professional license defense attorney will place you in the proper position to win or reduce any consequences imposed by the board. At the Fresno License Attorney, we have reliable attorneys always ready to help if you face an investigation or formal allegation that threatens your physical therapist license.

Understanding A Physical Therapist

When patients sustain injuries that affect their ability to perform basic functions and carry on with their daily chores, the situation can seem hopeless. Chronic conditions can also limit a patient's mobility. This is where a physical therapist makes all the difference.

A typical physical therapist takes five or more years in training, earns a master's degree, and becomes an expert in neuro-anatomy and biomechanics. Before a physical therapist starts practicing, he/she must first gain hands-on training and attain high levels of expertise. Federal and state-level license exams often make it hard for most people to pursue and remain in this profession. Continued education and many other requirements also make physical therapy a challenging profession.

After persevering through the training and the process of securing a license, it is easy for someone to file accusations against you that could affect your career. Sometimes, patients and their families have high and unrealistic expectations about the services of a physical therapist. It is possible that some patients will not progress as expected, even if you do everything right to the best of your ability. It is also possible for competent physical therapists to make a mistake.

The Board’s Disciplinary Guidelines

The California Board of Physical Therapy must protect patients and the public. It also must ensure that the standard of physical therapy services offered in California is top-notch. All physical therapists are accountable to the board under the Physical Therapy Practice Act. Physical therapists are also responsible to the board under the Business and Professions Code and other rules to uphold safe and competent practice.

The Physical Therapy Board accomplishes its goals by:

  • Suspending or revoking existing licenses.

  • Putting licenses on probation.

  • Restricting licenses issued and

  • Imposing other forms of disciplinary actions when deemed necessary.

The board's online disciplinary guidelines outline its recommendations to administrative law judges (ALJs), who usually preside over hearings related to crimes committed by physical therapy license holders.

The board could issue disciplinary action against the following violations:

  • Failing to observe the license probation conditions.

  • Modifying, falsifying, or poorly keeping patient records.

  • Refusing or failing to provide medical records.

  • Failing to uphold a patient’s or professional confidentiality.

  • Failing to observe infection control guidelines.

  • Failing to supervise assistants properly.

  • Allowing other unlicensed physical therapists to work under you.

  • Overstepping the limits of your license.

  • Giving out the wrong nutritional advice.

  • Mental or physical inability to safely continue your practice.

  • Incompetent or negligent practice.

  • Physical abuse of patients.

  • Sexual harassment and verbal abuse.

  • Sexual misconduct related to patients and clients.

  • Excessive prescriptions or treatment.

  • Facing a DUI charge, even if not during work hours.

  • Unprofessional conduct.

  • Misleading or false advertising.

  • Paying or charging for referrals.

  • Charging for services not rendered, insurance fraud, and other forms of fraud.

  • Securing a physical therapy license fraudulently.

  • Arrests and convictions for misdemeanor or felonies associated with your ability to safely carry out your practice.

  • Substance abuse or addiction — this is usually egregious if it happens while you are on a job.

In most situations, allegations are often unsubstantiated, and you do not have to undergo an investigation. Most investigations also end in dismissing cases for lack of sufficient evidence. However, you could risk your license if you fail to seriously treat allegations. Any accusation could lead to license suspension or revocation as the maximum punishment.

Administrative Hearing

Your attorney will gather and table evidence before or during your administrative hearing to have your case dropped. Sometimes, however, the nature of your crime could require your attorney to negotiate a favorable settlement allowing you to retain your license. In this case, you could face a suspension of up to 30 days and probation that does not exceed three years. This is a more lenient punishment than losing your license and being ordered to close down your practice.

Your license could be revoked if you fail to file a ''Notice of Defense or show up at the hearing personally or through your attorney. Often, it is easy to have your case dismissed or secure a stay revocation with probation. On the other hand, you could face probation after an initial suspension period for you to guarantee a safe practice. In a case of alleged substance abuse, the ALJ can order you to undergo a clinical diagnostic evaluation. You could also undergo further education and psychological or physical evaluation before the suspension ends and probation begins.

An interim suspension could be effected during the investigation phase in cases where the board fears for public safety. However, your attorney can challenge the interim suspension to enable you to continue your work during the investigation. Your attorney must intervene because an investigation could take months or even years to complete. You will be entitled to an expedited administrative hearing if the interim license suspension is sustained.

If you are granted probation, you could be ordered to reimburse the board for the cost of investigation and probationary monitoring. If you cannot meet this cost immediately, your attorney can help you negotiate for a one-year period to meet this ''cost recovery'' requirement. Ensure you pay all the costs within the agreed period because failure to do so amounts to a probation violation.

Individuals convicted of substance abuse can be instructed to enroll in a probation program. It is also advisable that you enroll yourself in this program. Self-referrals can keep everything confidential.

The Other Disciplinary Actions The Board Could Impose

The main disciplinary actions the board could impose are license suspension, revocation, or probation. However, they are not the only disciplinary actions you could face. You could also face the following:

  • Letters of Public Reprimand.

  • Fines and citations.

A Letter Of Public Reprimand

According to BPC 495, the board can reprimand or reprove publicly any physical therapist or physical therapy assistant. The board can do this instead of revoking or suspending your license for a particular crime. The board could issue you with a letter of reprimand instead of other professional discipline if:

  • Substance abuse is involved, and you have taken part in a recovery program for one year or more.

  • You have shown remorse for the crime.

  • You have admitted to the offense.

  • Your crime is an isolated incident, and the board is convinced you will not repeat the violation.

The board will only impose this discipline if you have committed a minor violation in which the patient has not suffered injuries. You could accept a letter of reprimand in a settlement deal. The board could also create rules that you must comply with to avoid a severe form of discipline. A reprimand letter is always public on the board's website, which any person can access.

Fines And Citations

The California Board of Physical Therapy does not consider fines and citations as a discipline. However, fines and citations could appear as a form of discipline to the physical therapist. The fines can range from $100 to $5,000.

The board can deal with minor offenses and violations via fines and citations under Business and Professions Code Section 125.9. The public can access the citation. A citation might not be as damaging as a public reprimand letter, but it could still affect your reputation. You should fight a citation with the help of a competent license defense attorney.

An ''Order of Abatement'' could also accompany a fine and citation. The ''Order of Abatement'' can demand that you stop a particular action for which the citation was imposed. Paying the fine, on the other hand, does not mean you plead guilty to the crime. Your case will be resolved if you pay the fine and adhere to the abatement order. However, paying the fine and complying with the abatement order can still pose challenges in the future if you commit a subsequent offense. A past violation on your record makes administrative law judges less lenient.

You could request an informal conference or administrative hearing to fight the citation. In this case, your attorney can fight to have your citation dropped. Your attorney can also fight to reduce your fine or remove your citation from your record. You should make these appeals within the statute of limitations. You risk revocation of your license if you ignore the citation and fail to pay the fine.

Denial Of A License Application

Sometimes, the California Board of Physical Therapists can reject your license application. You should seek the services of a license defense attorney to have your license application approved. Perhaps you have something in your previous criminal record or another matter blocking or slowing the license approval. Your attorney will gather additional documentation and assist you in completing the process successfully.

Sometimes, you could seek an ''initial probationary license'' under BPC 2660.5 rather than a simple denial. You can continue practicing with an unfettered physical therapist's license after successfully serving your probationary period.

Your attorney could also help you appeal a denial of a license or the issuance of a license with conditions attached. Your attorney can also help you reinstate your license after a revocation. You will, however, need to wait for some designated period.

When To Contact An Attorney

You should immediately hire a license defense attorney if facing a formal investigation or an allegation threatening your professional license. You should not take long before consulting a skilled attorney with experience defending professional licenses. The faster you contact the attorney, the higher the chances of retaining your license. You should not risk facing the licensing board solely. You require an attorney with a thorough understanding of professional license defense and the legal processes involved. The board upholds high standards of operations and is strict in handling patients' complaints.

A competent attorney can minimize or prevail over the consequences affecting your profession. There is too much risk if you choose to face the board on your own. A complaint or a lapse in judgment against you could ruin your reputation and risk your license. A patient's complaint should not make your future goals unattainable. An experienced attorney understands that making errors is human. Attorneys also understand that patients can file misleading or false allegations against you.

The board will initiate an investigation when you are arrested or a patient files accusations against you. The rules that govern the disciplinary investigations and proceedings are complicated and complex to understand. You alone cannot convince the board and avoid a suspension.

You should avoid talking to the board's investigator before consulting your attorney. In your interaction with the investigator, you could make statements that the investigator can use against you later. You should consult your attorney immediately after you receive a formal allegation from the board through mail. A skilled attorney will identify the best legal strategy to follow, no matter the facts of your case.

Find a Reputable License Attorney Near Me

When you receive a formal accusation or a patient files a complaint against you, your physical therapist license could be at risk. It is expected to feel anxious and disoriented. However, with the help of an experienced license defense attorney, you do not have to give up on your license. At the Fresno License Attorney, we have helped many physical therapists whose licenses were at risk and achieved positive outcomes for their cases. When you contact us, we will examine your case and the allegations against you and create the best possible defense strategy. Contact us at 559-777-7040 to speak to one of our attorneys.