Your primary responsibility as a physical therapist is to help your patients improve their quality of life and stand with them during an accident or injury recovery. However, being licensed by the Physical Therapy Board of California requires compliance with the set standards of your professional practice. Otherwise, your conduct is deemed misconduct and could lead to disciplinary action like license suspension or revocation. With your career, reputation, future, and livelihood at stake, you need aggressive legal representation. Sacramento License Attorney can dedicate quality time to listening to your side of the story and answering your questions to recommend the most practical steps.

A Glimpse Look at the Role of a Physical Therapist

A physical therapist is a healthcare professional who assesses and treats disorders affecting a patient's ability to move or function properly. Patients usually consult a therapist after receiving a referral from their primary physician. As a  physical therapist, you help manage injuries or illnesses affecting your patients’:

  • Brain or neurological system
  • Bones and muscles or musculoskeletal system
  • Skin or integumentary system
  • Heart and lungs or cardiopulmonary system

You work with people of all ages. Some individuals will also consult you for advice on becoming healthier or preventing future issues from occurring.

Your responsibilities include the following:

  • Helping patients understand their physical problems and symptoms
  • Educating patients on how to utilize therapeutic exercise techniques correctly
  • Diagnosing movement dysfunctions and developing treatment plans
  • Advising patients and their loved ones about treatment options and in-home exercises
  • Keeping track of a patient’s goals, tracking recovery progress, and maintaining patient records
  • Providing massage or simulation to promote healing

The Physical Therapy Board of California (PTBC)

The PTBC is the agency tasked with managing and regulating physical therapists in California. The core responsibility of the PTBC is to safeguard the health and safety of consumers through effective enforcement of the Physical Therapy Act. The PTBC also investigates and imposes disciplinary actions when a physical therapist is guilty of harming a consumer’s safety, health, and welfare.

The PTBC launches disciplinary proceedings when an allegation of wrongdoing is filed against a licensed physical therapist (PT). Your patient, coworker, or another party who thinks you, the therapist, have violated the profession's laws and rules can make the complaint. The PTBC disciplinary investigations may also occur when a PT is guilty of a criminal offense.

To fulfill its mandate, the board does the following:

  • Issues, renews, and verifies professional licenses
  • Makes rules governing the practice of physical therapy
  • Investigates complaints and imposes disciplinary actions 
  • Monitors continuing education

Common regulatory violations that could result in disciplinary action include the following:

  • Arrests or convictions for misdemeanors and felonies
  • Verbal and physical abuse against patients
  • Engaging in fraudulent activities like insurance fraud and improper billing practices
  • Substance abuse, especially when attending to patients
  • Mental or physical incapacity that hinders you from practicing
  • Providing services beyond the scope of your license
  • Failure to obey infection control regulations
  • incompetence
  • Violation of your probationary conditions
  • Offering inaccurate nutritional advice
  • Gross negligence
  • Engaging in sexual conversations or contact with your patient(s)
  • Failure to protect patient confidentiality
  • Altering, falsifying, or poorly maintaining patient records
  • Working on an expired professional license
  • Failing to report a conviction to the licensing board
  • Allow unlicensed assistants to work under you

If you are accused of wrongdoing, they can become the subject of the PTBC investigations, resulting in disciplinary measures. If you receive a notice from the PTBC of a complaint against your license, you should speak to an attorney immediately.

When the PTBC notifies you of a complaint, the board can ask you to provide specific documentation, letters, reports, and statements. Based on the presented evidence after analyzing the records and investigating the alleged misconduct, the PTBC can choose to dismiss the matter or proceed with the case.

You should respond to the formal PTBC accusation against your license within 15 days. Otherwise, you will lose your license by default. Your lawyers should request discovery and file a notice of defense promptly.

If you fail to settle the matter with the PTBC, the next phase of the disciplinary process is an administrative hearing overseen by an ALJ or administrative law judge. The hearing happens at the nearest office of administrative hearings (OAH). Sometimes, if the closest OAH branch is too far, an administrative law judge will be dispatched closer to your locality. Administrative hearings require documentary proof and sworn witness statements.

Once the hearing is over, the ALJ will recommend the disciplinary action, which could be a citation, probation, suspension, revocation, or reprimand. The proposed decision must be evidence-based and justified in a written opinion.  The ALJ’s decision is just a proposed decision, and the PTBC can adopt, alter, or reject it. If unsatisfied with the board’s final decision, you can appeal the case to the Superior Court of California.

Importance of Attorney Representation

When facing disciplinary action, the legal assistance your lawyer can provide includes the following:

Navigating the Legal Process

With the license defense attorney’s comprehensive understanding of professional regulations in California, they will guide you through the complex disciplinary process by handling the paperwork, preparing for hearings, and providing case updates.

Defending You Against the Allegations and Develop a Strong Defense Strategy

Allegations are usually based on alleged violations of professional regulations or the law. Your lawyer will work with the PTBC to ensure you have filed the relevant paperwork correctly. They will also identify and analyze defense options for your case, including negotiating a favorable settlement, responding promptly to the PTBC’s questions, or aggressively fighting for your license in an administrative hearing. Your attorney will take a proactive approach to mitigate or reduce the impact of potential disciplinary actions.

Your attorney will develop a robust case defense strategy depending on the circumstances of your case. It may involve challenging proof of unethical behavior, identifying and presenting mitigating factors, or negotiating a plea agreement. Your seasoned lawyer can assist you in achieving the best possible case resolution.

Representation at Hearings

During the PTBC hearings, your attorney will advocate for you, fight the accusations, and propose solutions that minimize potential harmful effects on your career.

Defend Your License Against Suspension and Citations

Your legal counsel will defend you against a temporary suspension or an interim suspension order (ISO). Typically, the PTBC issues an ISO pending the completion of its investigations if a licensee threatens the public’s safety.

Your lawyer will provide you with legal guidance on fulfilling the requirements set by the PTBC while also assisting you in rehabilitating your professional reputation.

Strategies For Defending Your Physical Therapist License

Potential defenses that your attorney can utilize to defend your license include the following:

  • Challenging the proof — Your lawyer will scrutinize the proof against you for inconsistencies, gaps, or procedural mistakes, including incorrect documentation or absent witness statements, and utilize these case weaknesses to your benefit.
  • Demonstrating the investigator’s procedural violations — Sometimes, investigators fail to adhere to the required investigative guidelines. Your lawyer will ensure your legal rights are protected. If the PTBC did not follow appropriate investigative procedures, the lawyer will work for a case dismissal or reduction of the penalties’ severity.
  • Submit mitigating proof to reduce penalties — Suppose you made a minor error that resulted in a complaint but have your exemplary professional record. In this case, your lawyer will focus on proving that it was only an isolated incident. They will present mitigating proof to advocate for a minimal penalty, including your ongoing training, corrective remedies, and compliance history.
  • Negotiate with the PTBC alternative resolutions — If you do not anticipate going through an entire administrative hearing, your legal counsel will negotiate a settlement that may include a warning letter or probation instead of suspension. The approach helps safeguard your license and professional reputation as you work to resolve the matter efficiently.
  • If negotiations fail and you risk losing your license, your attorney will aggressively fight your allegations at the administrative hearing. The legal counsel will hire defense experts to provide testimony and develop robust arguments.  If the licensing board imposes unfavorable disciplinary action, your attorney can file an appeal to safeguard your license.

Practical Tips on Protecting Your License

While it may not be possible to prevent an accusation against your license, there are ways you can ensure your professional actions are defensible and unlikely to result in a substantiated claim.

You can protect yourself through:

Great Communication Practices

Communicating well with your patients ensures you understand and address their questions or concerns, creating a tremendous therapist-patient relationship and reducing potential issues or misunderstandings.

Proper communication ensures patients understand their treatment options and potential complications or side effects.

Accurate Documentation

You should maintain appropriate documentation by recording the following:

  • Patients treatment history
  • Reasons for diagnosis
  • Findings of patient examination
  • The suggested course of treatment
  • Patient recovery progress report

Patients Followup

Timely patient follow-up provides the best patient experience while helping you identify potential complications early, reducing the possibility of a malpractice complaint.

How to Prepare For Your License Defense Case

Here are ways to build and strengthen your defense:

  • Collecting evidence — Gather relevant records, including documents related to the alleged misconduct, your professional history, and prior work assessments, especially those demonstrating your professionalism.
  • Hire a lawyer — Enlist an attorney to provide you with expert legal advice and representation.
  • Understand the PTBC’s charges — A clear understanding of your accusations or charges can help address them effectively.
  • Keep the case to yourself — You should refrain from discussing the PTBC’s disciplinary proceedings with your family, friends, or coworkers. Only discuss the case details with your attorney to avoid unwanted legal consequences; attorney-client privilege protects your conversation, and the lawyer risks losing their license for disclosing whatever you share with them. Anyone else can use the information to blackmail you or be summoned by the PTBC to testify against you.

Helpful Coping Tips When Your Professional License Is at Risk

When facing an investigation into your license because of an alleged complaint, the stress, anxiety, and uncertainty can be unbearable. To help you cope with these unpleasant emotions, you should:

Practice Self-Care

As you wait to resolve your alleged complaint or accusation, you should develop a healthy routine that will assist you in coping with the current legal challenges. Failure to create purposeful daily habits can make the wait for a resolution challenging.

Activities that can reduce negative emotions are as follows:

  • Journaling
  • Practicing a hobby
  • Reading
  • Walking
  • Exercising
  • Therapy

Maintain a Positive Life Outlook

Positive thinking is not an excuse to ignore tough situations. Positive thinking means approaching the disciplinary process with positivity and proactiveness, focusing on the best that can occur instead of the worst.

Positive thinking begins with the things you allow to replay in your mind most. Self-talk is the continual flow of unverbalized thoughts that recur in a person’s mind. These automatic thoughts can either be positive or negative. Some of the self-talk comes from a person’s logic and reason. The rest of the talk arises from misconceptions developed from unclear information or preconceived ideas of what might happen.

If the thoughts flowing through your mind are primarily negative, your perspective on life and disciplinary proceedings is pessimistic. When your thoughts are positive, your outlook on life and career is optimistic.

The benefits of positive thinking, mainly when facing disciplinary action, include the following:

  • Lowered rates of distress and pain
  • Lowered rates of depression
  • Better physical and psychological well-being
  • Increased lifespan
  • Better coping mechanisms in challenging situation
  • A lower risk of death

Contact Competent Legal Help Near Me

As a physical therapist, you have committed your life and career to improving your patients' quality of life, mobility, and health. Nevertheless, things do not always go as planned. When anyone files an allegation of misconduct against you, the accusations could prevent you from practicing. Defending your license is an investment in the long run. The experienced legal team at Sacramento License Attorney can level the playing field and increase the chances of preserving your career. We can guide you through the intricacies of the disciplinary process, negotiate with the board, present mitigating factors, and raise procedural issues. Call us at 279-242-4711 to set up your initial consultation.