As committed physical therapists and PT assistants, your license is not a sheet of paper. It is the result of years of intense study, all the stress and pressure of clinical practice, and a desire to ensure the health of your patients. It symbolizes your skill, your professional identity, and your livelihood. Nevertheless, unforeseen obstacles in the intricate and highly regulated healthcare setting may threaten your license. Any allegation, whether it seems a simple mistake in charting, an unwarranted complaint by a patient, or even an unexpected personal situation, can result in an investigation by a state licensing board. The possible outcomes, including fines, probation, license suspension, or even permanent loss of license, threaten to destroy everything you have worked so hard to achieve.

Defending your license is the best way to safeguard your professional identity and your right to practice and, therefore, is an essential part of your career. Let us look at how you can go about defending your license.

Immediate Steps to Take After a Board Notice

Any licensed physical therapist will tell you that receiving a notice from the Physical Therapy Board of California (PTBC) marks the initiation of a PT board investigation, which is an extremely upsetting experience. This first contact will be when you receive a letter from the physical therapy board, which requires an urgent and tactical response. The next 48 hours after receiving this notice are crucial and play an essential role in the further course of the investigation and may have a considerable impact on the final result of your PT license investigation process. How you react, or fail to react, during this time will reduce or increase the possible consequences.

You must also know what to avoid during this critical period. You must not under any conditions:

  • Call or visit the accuser or patient who is the subject of the complaint — A personal communication may be misunderstood, give rise to additional charges, or even be interpreted as an effort to coach a witness

  • Modify, destroy, or hide any records, irrespective of how irrelevant they appear — These acts obstruct justice and may lead to serious disciplinary actions, including potential license revocation depending on the severity of the offense.

  • Avoid speaking to the board investigator without legal representation — Any statements may be used against you in the investigation, and these investigators are not looking out for your best interest.

  • Give up your license before talking to a professional license defense attorney because it may be perceived as a sign of guilt and will have long-term career consequences.

On the contrary, you should take proactive measures, particularly:

  • When you receive the notice, carefully read the whole document to understand what particular allegations are and what kind of investigation is being conducted

  • Preserve all supporting documents, electronic mail, and other evidence supporting the allegations. This includes patient records, appointment records, billing details, and personal notes.

  • Research and retain an expert license defense attorney — Professional license defense attorneys have a subtle grasp of the administrative law and the complex physical therapy board investigation process.

The Physical Therapy Board of California (PTBC)

The Physical Therapy Board of California is the primary regulatory agency that controls the practice of physical therapy in the state. Although its role is not always well understood by those who take out licenses, it is unambiguously focused on protecting the public. This means that the paramount mission of the PTBC is to safeguard the welfare and interests of the citizens of California against incompetent, unethical, or illegal practice of physical therapy. They do not act as an advocate or a supporting organization of the licensees.

To carry out its consumer protection mission, the PTBC has been given considerable authority to hear complaints, enforce the Physical Therapy Practice Act, and impose disciplinary action.

The board's makeup typically includes licensed physical therapists and public members, which ensures a broad outlook in decision-making by the board. The PTBC may issue subpoenas to obtain records and testimony, reject license applications, and impose various disciplinary measures. These measures can vary, ranging from:

  • Formal citations and fines in minor cases

  • Putting licensees on probation with heavily restrictive conditions

  • Suspending licenses temporarily

  • Permanently barring a practitioner from practicing physical therapy in California

Any licensee facing an investigation or a disciplinary proceeding must understand the scope of the PTBC disciplinary guidelines and its relentless pursuit of protecting patients.

What Triggers Board Action

The scope of the Physical Therapy Board of California (PTBC) goes beyond direct patient care to include professional practices inside and outside the clinical environment. Being familiar with these possible triggers will enable you to be proactive in trying to protect your license.

Most physical therapists’ disciplinary action is based on standard charges affecting patient safety and professionalism. Criminal charges, even those that appear to be unrelated to direct patient care, including DUIs, drug offenses, theft, or assault, are often reportable and could result in automatic board action, as they call into question your judgment and your suitability to practice. Likewise, the board investigates cases of negligence or incompetence, like patient falls during therapy or injuries received due to inappropriate treatment.

The board will likely hear cases to determine whether your conduct fell below the standard of care that has been accepted.

Some of the serious offenses punishable by criminal prosecution and license revocation also include billing fraud and unlawful referrals, which include:

  • Upcoding services not provided

  • Billing for services not rendered

  • Excessive or unnecessary treatments

  • Kickback schemes to obtain patient referrals

Further, unprofessional conduct includes substance abuse (even when off-duty), patient boundary violations (including sexual misconduct), or any action that undermines the confidence of the profession. This conduct is subject to disciplinary action.

Causes of License Application Rejection

In addition to disciplinary measures against current licensees, the PTBC could also reject licensure applications. This procedure is commonly known as a PT license application denial and usually occurs when a candidate has not met the extensive requirements stipulated by the board.

The most typical grounds for these denials are a previous criminal record, especially of felonies or misdemeanors with moral turpitude, even though you might have committed them years earlier. While not all criminal convictions automatically result in denial, the board assesses the nature of the crime and its relevance to the practice of physical therapy.

Misstatements or omissions on the application are another common reason for being denied. As an applicant, the PTBC can outrightly deny your application because you lack honesty and integrity by providing false information, misrepresenting facts, or failing to disclose pertinent prior disciplinary action or criminal conviction on your application. The most important thing is to ensure you complete your application honestly to avert these major obstacles to licensure.

The Physical Therapy License Disciplinary Process

Should you find yourself subject to a PT license investigation, the most important thing to know is the disciplinary process. The PTBC disciplinary procedure is a two-tier process, designed to provide due process without impairing the public protection role of the board. You will be expected to participate at every stage. It helps to work with a professional license defense attorney.

The Investigation

A board investigator is appointed to collect evidence when a complaint is received or when there is information that indicates a violation. This could include an interview with the complainant, examination of patient records, interviews with witnesses, and possibly a written statement from you. At this point, the significance of your immediate actions, as highlighted above, becomes clear. The board will decide whether to prefer charges based on the investigator's findings.

Formal Accusation or Statement of Issues

Should the investigation reveal enough evidence of a violation, the board will serve you a formal accusation or statement of issues. This document is a formal accusation against current licensees. The formal charging document outlines the particular allegations against your license.

As an applicant, it will be a "Statement of Issues," which states why your license should be denied. This document formally initiates the administrative process and must be responded to within the time stipulated, usually with a Notice of Defense, which your attorney files.

The Discovery Phase

After the formal charge, the case proceeds to the discovery phase. This is a formal process of exchanging all evidence related to the case between your lawyer and the lawyer representing the board. Both parties must also reveal witness lists, documents, or any other information that is relevant to the case. This is a crucial stage to build your defense, as it enables your legal team to evaluate the quality of the board's case and develop a strategic answer to it.

The Administrative Hearing

If the issue is not dropped or settled during negotiation or settlement, it is then forwarded to the administrative hearing. This hearing is a formal trial before an administrative law judge (ALJ) who conducts the proceedings.

At the administrative hearing, your attorney and the attorney representing the board will offer evidence, call and cross-examine witnesses, and argue the case. The hearing follows particular administrative law procedures, which are not similar to those of the criminal court concerning the evidentiary standards and rules.

Furthermore, the ALJ gives a proposed decision following the conclusion of the administrative hearing. The PTBC then reviews this decision and comes up with the board's final decision. The board may:

  • Accept the proposed decision of the ALJ

  • Amend it

  • Completely override the decision of the ALJ and make its own decision

This final step would result in disciplinary action, including public reprimand or probation, suspension, or revocation of your license to practice physical therapy. You are entitled to challenge this last decision in a higher court.

What an Attorney Will Do to Save Your License

A physical therapy license defense strategy is not only helpful when your license is in jeopardy but also indispensable. An experienced attorney does not simply provide advice over the phone. They actively employ a multi-faceted approach to defending your license against a PT board complaint.

Challenging the Allegations

A key strategy here is challenging the allegations. Your lawyer will carefully examine the evidence presented by the board and attempt to find any faults in it, procedural flaws, or inconsistencies between the testimonies of different witnesses. By proving weaknesses in the board case, your attorney can discredit the validity of the charges and possibly result in a dismissal or a considerable reduction in charges. This proactive process is used to make sure that all elements of the complaint are thoroughly investigated in your view.

Work on a Defense Strategy

At the same time, your lawyer will work on creating a factual defense. This entails explaining your case by giving strong supporting statements. For example, suppose allegations are made relating to patient care. In that case, your attorney can use your patient charts, internal correspondence, and possibly even the testimony of an expert witness, another qualified physical therapist, to show that you provided care up to an accepted standard. This factual narrative plays a pivotal role in disproving the arguments of the board and creating a complete and correct image of what happened.

Moreover, even though some of the accusations might be justified, offering powerful mitigation is crucial to your defense. This means showing the board that even though an incident took place, there are mitigating factors that should lighten the penalties. For example, in case the complaint concerns a DUI, you can provide evidence of rehabilitation, enrollment in substance abuse programs, or a clean record since the offense. Likewise, corrective studies, further education beyond what is required, good performance evaluations, or letters of recommendation by co-workers and managers can all be very strong extenuating circumstances. They will demonstrate your desire to be an ethical practitioner and continuously improve yourself professionally. This strategy aims to show that you are willing to work on yourself and avoid future incidents.

Negotiate With the Board’s Attorney

These strategies culminate in strategic negotiation with the legal counsel of the board. Your factual defense and strong mitigating evidence give your attorney significant leverage. This opens the door to negotiating a better result, which may involve a:

  • Voluntary agreement to a citation rather than more serious probation

  • Dismissal of some charges

  • Reduction of proposed punishment

A skilled license defense attorney is familiar with the complexities of these negotiations and will do everything possible to protect your career and limit the consequences of the complaint to your professional future.

The Potential Outcomes of a Disciplinary Process

A complaint before the Physical Therapy Board of California could result in various physical therapy license disciplinary actions, carrying different levels of consequences to your practice privileges. You should manage your expectations as you navigate the PT license investigation process. As always, the board's main objective is to protect the public, which helps them determine the proper disciplinary action.

The notable disciplinary actions the board could take include:

Dismissal or No Further Action

Dismissal or no action is the most desirable resolution every licensee wishes to reach. This happens when the board lacks enough evidence to sustain the allegations or when your attorney manages to prove that the complaint is without merit.

In the case of applicants, the corresponding favorable result is a favorable licensure approval and no statement of issues hearing outcome at all.

A Citation, Fine, or Public Reprimand

Next in the line of disciplinary actions are milder consequences. A citation and fine is a monetary fine for minor infractions that may not necessarily warrant direct license discipline but remain a matter of public record.

A public reprimand is the formal, published admonition by the board, which recognizes a minor infraction. Although it does not usually limit your practice, it is a matter of public record and can affect your professional standing.

Probation

Probation is the most common disciplinary action. If the board determines that a violation has occurred, but it does not justify immediate suspension or revocation, you will be put on probation. PT license probation conditions are always spelled out and likely include:

  • Practice supervision

  • Continuing education requirements

  • Drug testing

  • Psychological testing

  • Limitations on your practice scope

It is in your best interest to follow these terms strictly. Failure to do so could result in you facing more serious charges.

Suspension and Revocation

Suspension and revocation are more severe disciplinary measures. A suspension of your physical therapy license means you will be temporarily barred from practicing physical therapy during a specific period. In this period, the law does not allow you to perform any actions that require your license.

The worst outcome is revocation or voluntary surrender of your license. Revocation entails losing your license to practice physical therapy in California, which may or may not be permanent depending on reinstatement options. On the other hand, a voluntary surrender, often negotiated to avoid a formal revocation hearing, has the same effect as terminating your license. The board takes these measures in cases of gross violations, when there is evidence of danger to the public or a grave breach of professional ethics.

Find a Professional License Defense Attorney Near Me

The experience of a physical therapy license defense may be overwhelming and full of stress and fear. However, being aware of the procedure, including the preliminary notification and the possible punitive actions, will allow you to face these issues and deal with them efficiently. Your license is not simply a practice permit. It is your commitment, source of livelihood, and ability to make a difference in people's lives.

Whether you have already received a letter from the Physical Therapy Board of California or are under any investigation, now is the time to take action. Call The Legal Guardian today for a confidential consultation. Let us secure your professional future so that you may go on with your important work in physical therapy with confidence and peace of mind. Call our Long Beach defense attorneys at 866-448-6811.