Physical therapy is a satisfying profession. It entails helping people experiencing mobility issues regain their ability to perform everyday tasks. People lose their physical abilities in many ways, including after a long-term or chronic illness or accident. Some conditions and accidents completely inhibit their mobility, but others lose it after a prolonged period of not moving around or performing essential duties.
However, physical therapy is a highly restricted profession. The Board of Physical Therapy, responsible for issuing licenses, oversees the workers to ensure quality and safe services. It protects the public from malpractice and professional misconduct. If a patient, the patient’s family, an employee, or a colleague accuses you of misconduct or malpractice, the board will investigate and could take disciplinary action against you. This puts your reputation, career, and license at risk.
If this happens to you in San Diego, we can assist you in fighting for the license you have struggled to obtain at the San Diego License Attorney. We will investigate the matter, collect evidence, discuss your options, and represent you during the case hearings.
The Role of Physical Therapists
Physical therapy is a healthcare profession performed by trained and experienced people who help others live active and healthy lives. They are referred to as movement experts because they mainly help people experiencing mobility issues. Physical therapists work very closely with their patients and their families to improve the quality of their lives. They recommend exercises, provide hands-on care, and offer patient education to attain the desired goals.
Physical therapists perform different roles. For example, they diagnose bodily impairments that affect their patient’s movement. Remember that their main work is to help rehabilitate people battling physical impairments so that they can perform normal activities once again. If a patient requires physical therapy, it means that part of their body is not functioning as it should. A physical therapist can examine and diagnose the person. They can identify the impaired structures in the affected part and what needs to be done to restore their function.
After diagnosis, physical therapists can develop treatment plans for individual patients based on their underlying issues and needs. They work just like other healthcare professionals to ensure the patient’s treatment is tailored to their unique problems and needs. Instead of prescribing medication, physical therapists recommend therapeutic exercises that patients can perform at home and in a healthcare facility. Although their treatment recommendations can sometimes include medication, much of it is exercise routines for stretching and strengthening affected muscles.
A physical therapist’s role does not end after recommending exercise routines. They work intimately with the patient to ensure that the patient performs the exercises as they should to attain the desired results. Therapists perform some exercise routines with their patients and then recommend other routines the patient can perform at home. This means seeing the patient regularly and monitoring whether the patient is making progress with the treatment plan. If the treatment plan is not working for a particular patient, the PT creates a different routine, focusing on the desired results.
In addition to treatment, physical therapists educate their patients on self-care to improve their quality of life. In addition to treating pains, aches, and injuries, physical therapists are also trained to educate people on healthy lifestyles to promote recovery.
This means that physical therapists have deep knowledge of how the body functions. They acquire this knowledge through extensive training, including on-the-job training. They also need experience and continuous learning to perform their jobs, especially with this fast-changing technology. After acquiring the necessary skills, physical therapists are examined by the board to gauge their ability to work with patients experiencing various kinds of disabilities. Only those who perform well are issued licenses.
Examples of Accusations You Can Face as a PT
The role of physical therapists shows the significant mandate these professionals are charged with. Sadly, they do not always register success in their careers. Sometimes, their patients, employers, colleagues, or patients’ families report them to the board for mistakes, misconduct, or malpractice, which puts their licenses at risk.
How you perform your duties as a PT subjects you to accusations and allegations. While some accusations are genuine and can be substantiated, others are false and misleading. Unfortunately, the board, whose primary mandate is public safety, takes quick action once it receives reports of misconduct or malpractice. It starts an investigation immediately and could temporarily suspend your license pending the outcome of the investigation. This means that you are unable to practice before the case is over. That could result in job losses and a damaged reputation.
Here are examples of violations that could trigger an investigation by the Physical Therapy Board:
- Addiction to controlled substances, alcohol or substance use and abuse while on the job
- A criminal conviction or arrest that substantially impacts your ability to offer safe service to your patients
- Using fraud to acquire a professional license
- Committing insurance fraud or any other fraud-related crime
- Using false or misleading tactics when advertising
- Physical, sexual, or verbal abuse
- Any unprofessional conduct with the patient, patient family, colleague, or employer
- A DUI conviction or arrest, even when it occurs outside of work,
- Sexual harassment or misconduct involving patients or colleagues
- Negligence or incompetence in service delivery
- Prescribing treatment excessively
- If you have a physical or mental condition that impacts your job performance
- Issuing misleading or false nutritional advice
- Offering services beyond the limits of your license
- Allowing unqualified personnel to serve under you
- Failure to supervise your subordinates adequately
- Violating your license probation terms and conditions
- Failure to maintain professional or patient confidentiality
- Declining to provide patient medical information when required to
- Falsifying or altering medical records
- Failure to maintain medical records properly
- Failing to adhere to infection control guidelines
An investigation will be started once the Physical Therapy Board receives an accusation or complaint against you. The outcome of the investigation will determine the kind of disciplinary action the board will take against you. Some investigations take a longer period than others. It all depends on the type of evidence the board requires to take action. If the allegations against you are severe, the board can suspend your license to prevent further misconduct pending the case outcome. This puts your livelihood at risk. If you are an independent contractor, your patients will look for another physical therapist. You could lose your job if you are an employee.
However, a qualified attorney could help you fight the suspension to ensure you continue working during the investigation period and afterward. They will also take measures to safeguard your reputation.
Possible Disciplinary Actions By The Board
Although the board does not discipline every physical therapist accused of misconduct or malpractice, it investigates every case it receives, however minor. Remember that the board ensures public safety when people are receiving physical therapy. Some accusations are usually genuine, while others are false and misleading. The board only takes action once it obtains evidence of malpractice or misconduct. But even before the investigation ends, an accusation of professional malpractice or misconduct can destroy your career and reputation. Remember how hard you worked to build that career. In that case, you must hire a competent license attorney immediately after the board starts its investigation for advice, support, and assistance.
The first thing the board could do after receiving a report of your professional misconduct is suspend your permit. If the judges feel you are a danger to your patients or colleagues, a suspension will eliminate that danger pending an investigation. You must take a break from work as the board determines the action against you. While this serves well for public safety, it could affect your future efforts to find a job or patients.
Once the investigation ends, the board can issue a citation and require you to pay a fine. The board publicly issues these citations, meaning anyone can see and act on them. You could lose your job once your employer learns about the citation. Your patients can also discontinue their engagement with you. But your attorney will help you fight the citation to minimize damage to your reputation.
Sometimes, the Physical Therapy Board issues a letter or reprimand instead of a citation. The letter warns you against the conduct that led to the accusation or complaint. Again, these letters are a matter of public opinion. Thus, they can destroy your reputation. A competent attorney can fight the letter before it causes you problems with your patients or employer.
The administrative judges will order probation after an investigation to gauge your performance within a specified period. Although you can serve your patients during probation, you will work under stringent conditions. The probation period can be short or long, depending on the gravity of the accusation. A license attorney can help fight for a reduced probation period and favorable terms. They will also advise you on precautions to avoid additional issues that could result in license revocation.
In severe professional misconduct cases, the board suspends or revokes professional licenses. A suspension is usually for a specified period, after which you can apply for license reinstatement. A revocation, on the other hand, is permanent and can cause the end of your career. Engaging an experienced license attorney is an excellent idea at this point. They can help you save your livelihood and a career that took much time and money to build.
What a License Attorney Can Do For You
If you are a professional physical therapist and perform your duties as required, a complaint about professional misconduct will cause you a lot of stress and anxiety. It could even affect your ability to serve your patients. You must contact an attorney immediately, whether the allegations are true or false. Your attorney will help you remain calm and advise you on the dos and don'ts as you await the determination of your case.
If the judges suspend your license immediately after receiving the complaint, your attorney will be by your side to help you figure out your options. They will also fight to ensure the board lifts the suspension so you can continue working and earning a living. Your lawyer will also advise you against interfering with the investigation, which could further compromise your situation.
If the judges revoke your permit, your lawyer can present evidence or mitigating factors to compel the administrative judges to issue a more lenient discipline. For example, they could negotiate for a license suspension instead of a revocation. This way, you can continue practicing your career after the suspension. Your lawyer can also negotiate favorable terms and conditions to make it easy for you to serve your probation with minimal issues.
In addition to fighting for a favorable outcome, an attorney will protect your rights and best interests. Remember that once the Physical Therapy Board receives an accusation, its primary duty is to serve the public interest. This means the board will not be on your side at any given time. If there is compelling evidence against you, the board will not hesitate to take severe disciplinary action against you, including revoking your license permanently. You need someone by your side to ensure and protect your rights.
Experienced license attorneys understand the legal processes better to help you navigate them successfully. These processes can be complex, especially if it is your first time facing a legal matter. Your attorney will guide you through all processes, prepare and file all necessary documents, and ensure you meet all legal deadlines. This improves your chances of obtaining a favorable outcome for your case.
Find an Experienced License Attorney Near Me
Are you or anyone you know under investigation by the Physical Therapy Board in San Diego?
A complaint or accusation of professional malpractice or misconduct does not automatically mean an end to your career. A skilled license attorney will help you fight any disciplinary action by the board to ensure you keep your job and continue practicing a career you worked so hard to establish.
We handle all kinds of professional license cases at San Diego License Attorney. Thus, we have the skills and experience to help you navigate the complex legal system and fight for a reasonable outcome. We understand how crucial your profession is. Thus, we can help you defend your rights, reputation, and license. Contact us at 858-665-2455 to learn more about us.
