With the high demand for healthy living, the role of physical therapy has increased steadily. Becoming a physical therapist in California requires years of study and passing the licensing examination. This allows you to offer effective physical therapy services to patients in the public or private sector.

Unfortunately, you may be under investigation and subject to these disciplinary actions when you are reported to the board for professional misconduct or criminal conviction. Your years of study and training to become a physical therapist could therefore go down the drain when your license is suspended or revoked by the Physical Therapy Board (PTB). When the PTB holds an administrative hearing because of the allegations against you, you can challenge the allegations and defend your license. At Oakland License Attorney, we will present you before the board and defend your professional license in Oakland, CA.

Critical Roles of Physical Therapists

A physical therapist is a healthcare professional who helps individuals live an active and healthy life through prescribed exercise, patient education, and hands-on care. You must undergo the necessary education and training before you receive your license to practice as a physical therapist.

Additionally, you must take and pass the licensing examination. The Physical Therapy Board of California regulates the licensing and conduct of physical therapists. The goal of the PTB is to ensure the safety of all physical therapy patients. The role of physical therapists in the medical field includes the following:

  • Diagnosing physical impairments. Physical therapists can identify physical impairments in patients and recommend rehabilitation measures to ensure they return to normal lives.
  • Developing treatment plans. After diagnoses, physical therapists will create a personalized treatment plan to address the specific issue.
  • Provide treatment. Physical therapists administer treatments until the patients’ conditions improve.
  • Educate patients. Moreover, physical therapists educate patients to help them maintain a healthy status and avoid future disabilities.

Violations that Could Cost You Your Physical Therapy License

The PTB can launch an investigation and impose discipline on licensed professionals for errors in practice, criminal convictions, and suspected forms of misconduct, including:

Substance Abuse and Addiction

Physical therapists provide direct care for patients. Therefore, drug and alcohol use can impair their ability to offer safe and quality services to patients. For high-stress professions like physical therapy, drug and substance abuse is common. If you are reported to the board for drug addiction or practicing while intoxicated, you risk facing severe disciplinary action.

Criminal Convictions

Facing an arrest and criminal charges can be a traumatizing experience. However, for licensed professionals like physical therapists, there is an added risk of losing their professional license. The Board expects you to report any criminal action taken against you while you hold the license.

However, even when you do not report the misconduct, the court could notify the board. The type of professional discipline you will face following your criminal conviction will depend on the nature of your crimes and their relationship to your profession.

Sexual Misconduct and Harassment of Patients

Your relationship with your patients as a physical therapist should remain strictly professional. Sexual contact between you and a patient is considered a violation of the board’s code of conduct. You can be reported for sexual misconduct, whether the contact between you and the patient was consented to or unconsented.

If a patient’s treatment plan involves touching the genitals or body parts considered inappropriate depending on culture, age, and religion, the therapist must seek consent from the patient to avoid allegations of sexual misconduct.

Sometimes, the allegations of sexual misconduct could escalate to criminal charges if the inappropriate contact is classified as an offense under California law. For example, if you deal with minor patients and touch their private parts for sexual gratification instead of treatment, you could be charged with lewd acts against a minor.

Practicing without a Valid Physical Therapy License

You must have a valid physical therapy license before seeking employment or opening a private practice. If your license is expired, you must renew it to avoid disciplinary action. Additionally, you will not have the right to practice if your license is suspended or revoked. You can face severe disciplinary action if you are reported to the board for practicing without a license.

Poor Record Keeping

Part of providing physical therapy services is correct documentation of patient information. Poor documentation or record-keeping could allow patient information to reach unauthorized hands, thus breaching confidentiality. Additionally, improper record-keeping could result in mixed-up procedures or prescriptions for different patients.

Incompetent Practice and Negligence

As a physical therapist, you must ensure the safety of your patients by exercising reasonable causation as you provide your services. You can be reported for negligent practice to the board by engaging in acts like:

  • Using faulty equipment on patients.
  • Failure to consider a patient's physical condition when formulating a physical therapy plan.
  • Leaving patients unsupervised.
  • Dropping patients.

Incompetence or negligence in your practice can result in disciplinary action by the PTB.

Unethical Behavior

Licensed physical therapists must respect the ethical considerations of the Physical Therapy Board, which include offering safe services for all clients. You cannot discriminate against patients based on their race, sex, or religion while you offer your services. False and misleading advertisements are other ways to violate ethics.

When unethical behavior is reported to the PTB, you may risk losing your license permanently or temporarily.

Investigation by the Physical Therapy Board of California

The Physical Therapy Board will investigate after receiving a complaint from a patient or notice from the legal authorities. You have a right to be notified when a report is made against you, and you must respond. This lets the board know your intentions to defend your license from potential disciplinary action.

If the board contacts you, requests more information from you, or shows up at your physical therapy practice, you should keep in mind that:

Your Oral or Written Statements Can be Used against you

You must be careful in your interactions with the Physical Therapy Board. This is because the information you provide orally or in writing could be used against you in the administrative hearing. If you are unsure of the right response to give to the board when they contact you, you should consult with your license defense attorney for further guidance.

The Board May have Investigated Your Case

Sometimes, the board will not contact you immediately after receiving a complaint. Instead, they will investigate your circumstances to determine the questions they wish to ask you. Additionally, they may have contacted your competitors and the complainant to establish grounds for your case.

The Board is Looking into Your Records for a Violation of the Law

If the board contacts you, they are likely looking into your records for violating the Physical Therapy Practice Act. Looking through your criminal records helps determine whether your crimes were directly related to your practice. For example, if you are charged with a crime involving gross negligence, this could translate to providing inefficient services to your clients and causing harm.

During the investigation, the board will determine the nature of your violations and how they affect your ability to offer safe physical therapy services for your clients. If your violations are serious, the board can forward your case to the district attorney for the filing of formal charges.

If the board can manage your violations, you may face the following types of disciplinary action:

  • Reprimand. If you are cited for a minor professional violation, the board can issue a warning through a reprimand letter. This will not have a direct impact on your career. However, the reprimand is like a black mark on your record.
  • Licenses probation. If you are placed on license probation by the PTB, you can continue to practice as a physical therapist. However, the board will closely monitor your conduct and daily activities.
  • Administrative fines. The board can also punish you for your violations by ordering fines of up to $5,000.
  • License suspended. For more severe professional violations, the PTB can suspend your license. You will not practice as a physical therapist during the suspension period.
  • License revocation. Unlike a license suspension, which lasts for a specific period, a license revocation may be necessary for your career.

Reinstating a Physical Therapist License

If your physiotherapy license is suspended for misconduct or after a criminal conviction, you cannot continue to practice during the suspension period. However, you may be eligible for reinstatement after the suspension period has ended and you have met all the board's requirements. The process of reinstating your professional license can be lengthy and takes the following steps:

Complete the Suspension

You must have completed the suspension period before you can reinstate your physical therapy license in California.

Often, your licenses will be suspended for up to three years if you are found liable for professional misconduct or after a criminal conviction. If your license suspension resulted from mental illness, at least one year must have passed before you seek reinstatement.

You Should not be Facing Criminal Charges or Serving a Sentence for One

A common reason why the California Board of Physiotherapy could suspend your license is if you are charged and convicted of a crime in California. You cannot reinstate your license while serving a sentence for your underlying crime or another offense. Therefore, you must complete our sentence before filing the petition for reinstatement.

Meet all Requirements of the Suspension

Certain conditions may be issued when the Board of Physical Therapy suspends your professional license. These conditions will guide your actions and movement during the license suspension period. Before filing your petition for reinstatement, you must complete these conditions.

File a Reinstatement Petition

If you meet the eligibility criteria, you can file a license reinstatement petition with the Board of Physiotherapy. With your petition, the board will require you to present evidence of rehabilitation from the conduct that prompted your suspension.

This could be done through statements from colleagues or other professionals who have knowledge of your activities after disciplinary action.

  • With your evidence of rehabilitation, you must write a report indicating:
  • How you earned a living during the time your license was seconded.
  • How your rehabilitation can prevent you from engaging in further misconduct after a license reinstatement.
  • How do you plan to move forward in your profession after a successful reinstatement of your license?

After you submit your petition, the disciplinary board will hold a hearing. At the hearing, your license defense attorney will present evidence to prove that you have been rehabilitated and have a low likelihood of engaging in professional misconduct.

Introducing evidence of personal improvement and the ability to offer physical therapy services without harming your clients can increase your chances of license reinstatement.

A reinstatement of your professional license does not erase your criminal history or the disciplinary action ordered against you. The board's purpose is to protect the public from licensed physical therapists by regulating their actions. Therefore, your suspension will remain on public record even after successful rehabilitation and license reinstatement.

Find a Professional License Defense Attorney Near Me

Your career as a physiotherapist may be at risk when the California Board of Physical Therapy learns about your misconduct or criminal conviction. After receiving a complaint from your patients or colleagues or notification from the criminal court, the board will launch an investigation and hold a board hearing.

At this hearing, the board will determine your liability for the misconduct and issue appropriate disciplinary action. Depending on the specific misconduct reported, you can face a wide range of disciplinary action, including reprimand letters, administrative fines, suspension, and revocation of your license. Your choice of legal representation as you battle to keep your professional license and save your career can significantly affect the outcome of your administrative hearing.

At Oakland License Attorney, we offer expert legal representation for physical therapists and other licensed professionals battling the disciplinary processes by their licensing board in Oakland, CA. Call us at 341-234-0408 for much-needed guidance.