Physical therapists actively restore mobility and function following an illness, accident, or handicap, making them the cornerstone of rehabilitation. They play a critical role, going beyond pain management to act as movement specialists and create customized programs that enable people to regain their full physical potential.

However, even the most skilled therapists could encounter legal issues that threaten their ability to practice. At Santa Cruz License Attorney, we are prepared to fight for you if your license to practice physical therapy is in jeopardy. Protecting your ability to care for your patients is our top priority, and we have a wealth of experience in the complexities of healthcare licensing. Contact us to help you get through this crucial stage of your professional development.

The Crucial Role of Physical Therapists in Healthcare Recovery

Physical therapy is a specialization, and like all specialists, physical therapists need a strong educational background to be licensed. Their role is integral in patient recovery in the medical field. Qualified physical therapists understand kinesiology, anatomy, physiology, and biomechanics. With this knowledge, you can determine if a dysfunction is due to an illness, accident, or handicap. It is not just about memorizing facts. An excellent physical therapist applies this understanding to tailor interventions for each patient.

Your education does not stop at theory. Good physical therapists improve on practical skills with extensive clinical training. You gain expertise in therapeutic exercise prescription, manual treatment techniques, and the application of modalities like ultrasound or electrical stimulation. These skills directly address pain, enhance mobility, and restore your patients’ mobility.

Part of the job description is a commitment to evidence-based practice. This requires careful research to incorporate the most modern and effective care into treatment plans. It ensures your patients receive the best results and have the highest chance of full recovery.

An effective patient-therapist relationship in physical therapy is based on trust. It is not enough to find a friendly therapist. Patients must also have complete faith in your training, background, and dedication to successfully address their needs. 

This trust is important for several reasons. Patients undergoing physical therapy could feel vulnerable, mainly if they are in pain, have restricted movement, or are apprehensive about trying new exercises. With confidence in your skill and ability to provide individualized therapy, patients feel more comfortable and confident in their care.

What Guides Physical Therapists and the Common Reasons Physical Therapists Lose Their License

To guarantee safe and competent practice, physical therapists in California must abide by the rules outlined in the Physical Therapy Practice Act, the Business and Professions Code (BPC), and other laws. These guidelines outline expected behavior and strongly emphasize patient safety and moral treatment. The Physical Therapy Board enforces these standards, takes appropriate disciplinary action as needed, and maintains proactive monitoring.

Setting Clear Standards

The BPC rules, the Physical Therapy Practice Act, and other legislation work together to specify your intended behavior. They give you a clear roadmap for providing knowledgeable and moral care by outlining your practice's parameters, ethical responsibilities, and professional boundaries.

Enforcing Established Standards

The Physical Therapy Board of California oversees the industry and examines violations to uphold these standards. This proactive strategy detects and resolves non-compliance to protect the general public.

Disciplinary Action for Violations

Should there be any suspicion that you have violated the guidelines, the board can adopt several disciplinary measures. The exact course of action depends on how serious the violation is. It could involve formal reprimands and license suspension or revocation in extreme circumstances. To promote uniformity in the enforcement process, the Board provides detailed advice for administrative law judges (ALJs) who rule over hearings on suspected infractions in their online disciplinary guidelines.

The Physical Therapy Board takes disciplinary action for several reasons. Some of the common violations include:

  • Patient abuse or neglect — Any act that puts a patient in danger of physical or psychological injury, like providing insufficient supervision or applying undue force during therapy, is considered patient abuse or neglect.
  • Sexual misconduct — Any improper behavior or sexual interaction with a patient is considered a significant violation and is grounds for license revocation.
  • Substance abuse — Mandatory rehabilitation programs or license suspensions until you can prove you are competent to practice could be part of the disciplinary process if you have substance abuse issues.
  • Fraudulent billing — Lying to insurance companies about what you provided or submitting fictitious claims damages your reputation and could lead to disciplinary action.
  • Incompetence or negligence — You could face disciplinary action for treating patients outside of your area of expertise, exhibiting egregious negligence, or making recurrent errors in judgment.
  • Practicing without a license — Offering physical therapy services without a current license threatens patient safety and compromises the profession's ethics.
  • Failure to adhere to infection control standards—Violations of hygiene procedures, like improper equipment sterilization or inappropriate use of personal protective equipment, could result in disciplinary action.

The board could take action for several additional violations. The Physical Therapy Board enforces regulations and takes appropriate disciplinary measures. This builds trust in the profession and safeguards the public.

California Physical Therapy Complaint Process

The Physical Therapy Board of California handles misconduct accusations against certified therapists strictly and equitably. This approach protects the rights of the complainant and you, as the therapist, and guarantees in-depth inquiries.

Anybody who believes a physical therapist violated the law can file a complaint with the Board. The board does an initial review to determine if the complaint is valid. They dismiss frivolous or unsubstantiated claims at this stage, ensuring resources are dedicated to credible allegations.

If the complaint raises concerns, the board initiates a formal investigation. This includes compiling information, speaking with witnesses, and reviewing your documentation. The board formally issues a notice to you after conducting a thorough investigation and determining that there is probable cause for disciplinary action. This notice notifies you of your right to a hearing to refute the charges and details the allegations.

You have the right to legal representation during the process. A professional license defense attorney can help you understand the accusations, prepare for your defense, and handle courtroom procedures. They will also file a Notice of Defense on your behalf.

An Administrative Law Judge (ALJ) holds a formal hearing if you dispute the claims. You and your defense lawyer can offer facts and arguments during the hearing.

Experienced professional license defense lawyers use various strategies to keep your physical therapy license safe. Before or during your administrative hearing, they can obtain and present exonerating evidence that could convince the board to drop all charges.

It is necessary in some circumstances to pursue a favorable settlement. You can keep your license by having an attorney bargain with the board. This could entail a probationary period of three years followed by a brief suspension of, say, thirty days. These results are undeniably better than the closure of your practice and the revocation of your license.

Decision and Appeal

The ALJ renders a conclusion based on the evidence presented during the hearing. Depending on the seriousness of the offense, this judgment could result in the charges being dropped, a reprimand, or the suspension or revocation of the license. You and the Board could appeal the ALJ's ruling to a higher court for further review and possible redress.

The Physical Therapy Board's Disciplinary Actions

The Physical Therapy Board of California employs a tiered disciplinary system to address misconduct by licensed therapists. The most severe punishments are license suspension and revocation, but lesser infractions can be handled with letters of public censure or citations with fines.

Sending Out Public Reprimand Letters

Authorized by Business and Professions Code Section 495, these letters serve as a public record of your offense. Usually, the board issues them for singular occurrences that satisfy particular requirements:

  • The offense did not occur again. It was a one-time event.
  • A considerable period has passed since the occurrence.
  • You express regret and recognize the wrongdoing.
  • In cases of substance abuse, you have at least a year of experience participating in a treatment program.

These letters are reserved for minor infractions that have not harmed patients. To avoid facing more severe consequences, you can accept the letter as a condition of a settlement or comply with the board's requirements.

Issuing Penalties and Citations

Citations and fines under Business and Professions Code Section 125.9 can have significant effects. Minor infractions are subject to board sanctions, ranging from $100 to $5,000. A citation enters the public records.

You can challenge a citation and possible penalties with the help of an expert lawyer. A citation could also contain an Order of Abatement compelling you to stop the particular action.

Although paying the fine adds it to the public record, it does not signify an admission of guilt. While paying the fine and following the directive may seem simpler, it can impact future disciplinary actions.

You can challenge a citation in an official administrative hearing or through a non-formal conference. A reduction in the fine, an expungement from the record, or the dismissal of the citation are possible outcomes of a successful appeal. However, strict time limits apply to such appeals. Ignoring a citation and failing to pay the fine can lead to license revocation.

Can Your License Application be Denied?

The board could refuse to renew a physical therapist's license with a history of misconduct. The Business and Professions Code, Section 2660.5, provides an initial probationary license as an alternative. This option allows you to train under careful supervision in specific settings. It maintains public safety while promoting rehabilitation. Sometimes, the board will grant a probationary license rather than a complete denial.

Probationary license requirements differ based on your particular situation and background. Typical prerequisites consist of:

  • Supervised practice — For a predetermined amount of time, you could be required to perform physical therapy under the supervision of another licensed professional.
  • Required continuing education — You could have to take further courses, maybe emphasizing morality or subjects connected to your transgression.
  • Restricted practice — The board can restrict your scope of practice, prohibiting you from working with particular patient populations or carrying out specific treatments.
  • Frequent reporting — The board could ask you to provide frequent reports outlining your performance regarding the probationary conditions.

Probationary physical therapists are required to compensate the board for the costs of the inquiry and oversight. Through the board's cost recovery program, you have up to a year to fulfill your financial commitment.

You must pay on time. Failure to do so will violate the terms of your probation, and the board could take further disciplinary action.

A probationary license, at first, has many benefits. It allows you to demonstrate reformed behavior and regain a full license after probation. This method promotes recovery while guaranteeing public safety through imposing limitations and supervision.

A knowledgeable and experienced professional license defense lawyer can help you navigate the challenging reinstatement process following the revocation of your license. There is a lot of weight behind the reinstatement petition. A professional license defense attorney can help you obtain the necessary paperwork, develop an engaging story, and respond to any issues brought up by the board. There can be occasions when you can bargain with the board. By fighting for you, your attorney can get a better result, like a shorter waiting period or more precise reinstatement requirements.

Find a Physical Therapist License Defense Attorney Near Me

Your goal as a physical therapist is to help your patients regain mobility and live better lives. But when your professional license is under investigation, you must prioritize defending your career. The Santa Cruz License Attorney team is well-versed in California's laws regulating physical therapists. Our law firm is prepared to fight vigorously to protect your license and ensure you continue your impactful work.

It is not advisable to handle this difficult circumstance on your own. Imagine having the peace of mind that comes with having a team of knowledgeable attorneys on your side, representing you at every turn. With us by your side, you can face this issue confidently and get back to what counts: empowering patients to move around with greater ease.

Contact us at 831-732-4390 to schedule a free consultation. We aim to get you back on a successful career path soon. Your commitment to healing deserves our unwavering support. Let us assist you on this path.