Working as a physiotherapist or physical therapist's assistant means dedicating your life to making a difference in a patient's life. However, receiving a letter from the Physical Therapy Board of California alerting you that a complaint has been filed against you or an investigation is underway can put your professional license and career at risk. An investigation into your license might have serious consequences, including revocation.

Although defending such claims alone appears simple, you are jeopardizing your license, practice, and livelihood. The board will collaborate with qualified investigators and be represented by experienced lawyers. Therefore, you should hire an experienced attorney who can vigorously defend against accusations and effectively oppose any threat to your license. We at San Francisco License Attorney can help you develop solid, strategic legal defenses to protect your professional license, future, and livelihood.

Roles of California Physical Therapists

Physiotherapists assist patients in regaining mobility, reducing pain, and improving their overall health following an injury or accident. This expertise comes at a cost. Obtaining a physiotherapy license in California requires years of study. However, once licensed, the benefits outweigh the effort. A licensed California physical therapist can earn a good living by utilizing their expertise to help patients restore physical function.

Having a license is important for physical therapists working in California. It can allow you to cover your expenses, progress in your career, care for your loved ones, and prepare for your future. However, your ability to make a living could be affected if something were to happen to your physical therapist license.

An accusation against you or a minor lapse in judgment might jeopardize your physical therapist license, ruin your standing, and make future opportunities impossible. Once a complaint or error is filed, the administrative justice system is initiated. Investigation, disciplinary actions, and personal and professional disgrace become highly probable outcomes.

If the California Physical Therapy Board investigator has contacted you or you have received an official complaint from the board by mail, you should take swift action to defend your license.

Undertaking a dispute against accusations is not easy, especially when working alone. Any errors in the process can jeopardize your profession, license, and career. The Licensing Board will work with investigators and could be represented by seasoned attorneys.

For these reasons, you need the help of a skilled licensing attorney who can challenge the claims against you and any threats to your professional license. He or she will know how to build a solid defense for your case while also protecting your image and livelihood.

California's Regulations for Physical Therapists

There are approximately 20,000 certified physiotherapists in California. The Physical Therapy Board of California (PTBC), overseen by the Department of Consumer Affairs, supervises and monitors the procedures and operations of physical therapists in the state.

This includes disciplinary action when a complaint is filed against a licensed physiotherapist for violating the Physical Therapy Practice Act. The Board has the authority to take a variety of actions against a therapist if a complaint warrants such penalties, including issuing citations for minor offenses.

Citations can be issued with no monetary fine, or a fine can be imposed that the licensee must deposit. More serious accusations may result in a hearing. Without the advice of a physical therapist licensing attorney in San Francisco, a decision might be made with various outcomes:

  • Issuing a probationary license

  • Interim suspension order

  • Petition for the cancellation of probation

  • Public reprimand

  • Revoked

  • Stayed or revoked probation

  • Suspension

  • Surrender of professional license - The most serious outcome is the termination of the privilege to practice physical therapy

It should also be noted that the Board will conduct disciplinary proceedings against a physiotherapist who is convicted of a misdemeanor or felony, has pleaded guilty, or was involved in a DUI, fraud, violent crime, or other dishonest act, in addition to complaints directly related to the licensee's work.

The Disciplinary Proceedings

When an allegation is filed against a certified physiotherapist, the PTBC will commence disciplinary action. A complaint can be filed by a client, patient, coworker, or any other party who believes the physical therapist has broken the rules and laws governing the discipline. If a physiotherapist is found guilty of misconduct, disciplinary actions may be imposed.

The board has authority over proceedings involving alleged infringements of the Business and Professions Code (BPC) and the Physical Therapy Act (PTA). While a physiotherapist might be disciplined for various reasons, the PTBC deems many violations significant.

This includes:

  • False or misleading advertisement

  • You are abusing or addicted to drugs

  • Using dishonest methods to gain physical therapy licensure

  • A misdemeanor or felony conviction, particularly one relevant to your physical therapy business

  • Insurance fraud, like billing patients for services that were not provided

  • Charging or paying for referrals

  • Maintaining inaccurate client records, altering or fabricating client data

  • Engaging in unlawful sexual activity with your patients or clients

  • A conviction for driving under the influence, even if the offense occurred outside of office hours

  • Engaging in actions that go against professional ethics and rules

  • Overprescribing or providing excessive therapy

  • Engaging in sexual assault or verbal abuse while providing physical therapy services

  • Physical abuse

  • Providing incorrect nutritional advice to patients or clients

  • Suffering from a mental or physical inability that prevents providing professional physical therapy services

  • Allowing inexperienced or unlicensed employees to work for you

  • Failing to observe confidentiality requirements by disclosing patient information

  • Failing to follow the established chemical control protocols

  • Failing or refusing to provide the required medical records

  • Violation of your probationary license conditions

When a complaint or issue is submitted, it is directed to the Consumer Protection Services Division (CPSD) of the board. Once there, an investigator reviews the complaints to determine whether the licensing board has authority over the situation. If that is the case, the investigator can either:

  1. Seek more details from the complainants

  2. Engage a physiotherapy specialist about the claims

  3. Resolve the dispute

  4. Send the case to PTBC's investigation department

The department will launch an inquiry into the situation, interviewing the victim, the physiotherapist, and any other parties with relevant information about the case. Medical records and bills can also be reviewed. After completion of the inquiry, based on the facts provided, one of the following steps will be considered:

  • The alleged case could be closed but remain open indefinitely in cases where there was a lack of proof to sue the physiotherapist

  • The case could be closed, but the claims in the complaint should be kept on file for five years if they cannot be proven

  • The therapist is issued a citation with a fine not exceeding $5,000

The case will be sent to the Office of the Attorney General (OAG) for a formal complaint filing against the physical therapist. Accusations are issued only in the most serious cases. In these circumstances, the licensing board will likely seek to revoke or suspend the physical therapist's license.

Following the filing of an accusation, the case will be heard in an administrative court. During the proceedings, both parties will submit evidence that supports their respective arguments, and the official in charge will make a recommended decision. The proposed ruling does not bind the licensing board, which has the authority to accept the judgment or decrease or increase the proposed penalties.

If the physiotherapist disputes the licensing board's judgment, they can file an appeal with the California judicial system. However, in any appeal, the judge will simply analyze the administrative hearing record to look for errors in how the laws were applied. The judge will not examine the factual proof or listen to any new information.

The PTBC can commence disciplinary procedures against any physiotherapist who has been sentenced for a misdemeanor or felony crime or has pleaded guilty to violations that are significantly related to the profession of physical therapy.

The licensing board will seek to suspend or revoke the professional license of any therapist implicated in:

  • DUI crimes

  • A violent crime

  • Fraud crime

  • Any other dishonest act

The rules and laws governing the field of physiotherapy are usually strict and demanding. The PTBC's approach to implementing these rules and regulations is similarly strict. If disciplinary procedures are initiated, the licensing board will strive to suspend or revoke your license, depriving you of the ability to make a living.

Therefore, all communication from your licensing board regarding concerns must be addressed proactively. Disregarding or ignoring the licensing board can only lead to the loss of your professional license.

Importance of Hiring a Physical Therapist Professional License Lawyer

Your professional license defense lawyer should possess the legal understanding, resources, and connections to protect your professional license and career throughout the disciplinary process. They can assist you with:

Conducting Thorough Investigations and Developing Your Legal Defense Strategy

When you hire an attorney, they will promptly research the specifics and facts of the complaints and charges against you. He or she has the expertise to acquire the relevant records, paperwork, testimony, and other evidence required to review the legitimacy of any complaint against you.

Your professional license attorney can assess the complaints from all angles to find any potential procedural mistakes or weaknesses in the claims. An attorney can also review relevant regulations, laws, and plans to develop the best possible defense strategy. This includes contesting the claims due to a lack of evidence, highlighting procedural flaws, or introducing affirmative evidence and facts to undercut the merits of the case.

Represent You In Disciplinary Proceedings

A professional license attorney can legally represent you in disciplinary proceedings. Your lawyer can diligently engage with regulators and opposing attorneys to ensure the best possible outcome for your case. Your attorney can also negotiate settlements or agreements that allow you to continue practicing. However, this could either be under interim probationary or limited circumstances. If full revocation or suspension is likely, they can focus on fighting for the least severe penalties.

Maintaining Your Professional License During Investigation

Your attorney's detailed understanding of the court system allows them to file motions, requests, and petitions. This delays or avoids the summary cancellation of your professional license while investigations are ongoing.

It also helps you buy valuable time so you can continue practicing and earning money with your current license. This provides financial security while also allowing them to continue developing your defense plan as the case progresses through the appropriate channels.

Having Your License Restored After Revocation

If your professional license is revoked, your lawyer can oversee the full reinstatement procedure to demonstrate that you have met all of the board's standards. They will work closely with you to ensure that any obligations, such as counseling, community service, treatment, supervised probation, remedial education, or other stipulations, are followed.

Your licensing attorney can use their skills to gather the necessary evidence and vigorously campaign for your professional license reinstatement. Their intimate understanding of the system helps persuade boards that reinstating your licensure is appropriate and warranted.

What is a Notice of Defense?

The Notice of Defense is your legal response to a formal complaint or Statement of Issues, depending on whether you are a current license holder or applying for your first license. The licensing board is legally required to provide you with a blank Notice of Defense form to respond to the complaints or Statement of Issues.

The board's blank Notice of Defense form often contains only the bare minimum information required to request an appeal hearing. However, it does not address many of your legal concerns and other rights during the appeal process. It is recommended that you hire a California professional license defense attorney to produce a more comprehensive Notice of Defense that asserts all of your available legal objections while also protecting your other legal rights.

Contact a Physical Therapy License Defense Law Firm Near Me

The San Francisco License Attorney offers legal expertise, experience, and dedication to each client required to defend their California physical therapy license. We understand how to fight for your rights at every stage of the disciplinary process. Our legal team has extensive experience in various professions, like medicine, teaching, and contractors.

If you are at risk of losing your physical therapy professional license, seek legal assistance instead of trying to navigate the legal system on your own. Our attorneys are ready to assist you. Call us now at 415-919-6594 for help.