If you face a formal accusation or an investigation that could potentially affect your physical license career or license in San Jose, do not hesitate to seek the assistance of a license attorney. Remember how hard you worked and how long it took to acquire the license and build your career to the level you are at. Losing everything due to an unfair accusation, a single mistake or an unintentional violation is not fair. The Physical Therapy Board will not hesitate to suspend or revoke your license if your actions threaten the welfare of your patients or the general public.
We can work with you to prepare well for your trial and fight the accusation for a favorable resolution at San Jose License Attorney. Allow us to advise you on the dos and don’ts when navigating the administrative processes to avoid mistakes that could compromise your situation. We will remain by your side until you are satisfied with the results of your case.
The Nature of Your Work as a Modern Physical Therapist
Physical therapy is an integral part of recovery for people who have been in devastating accidents or those recovering from long-term illnesses. An accident incapacitates parts of your body, affecting their functionality, especially when it takes you a long time to recover from your injuries. A long-term illness also weakens some body parts, affecting strength and functionality. If you have had to spend a long time in bed recovering from an illness or accident, your body weakens considerably. However, a physical therapist can help revive your weakened body parts and restore their functionality.
This makes your services critical as a physical therapist in California. You play a significant role in helping people recover their bodily function and strength. You also help people manage pain in various body parts using techniques and strategies taught during training. Your in-depth understanding of how the human body functions, including the underlying structures, tissues, and muscles, helps you create treatment plans for your patients according to their needs. Your role also includes offering physical and emotional support to people on the verge of giving up. After battling a long-term illness that leaves their body weak, some people can lose hope of recovery.
You need adequate training to provide your patients with quality, timely, and safe services. This includes several years of school training, job experience, and additional skills that set you apart in the healthcare industry. You should also understand your profession's code of ethics and the local, federal, and state laws that apply to your career. This is the only way to successfully apply for a physical therapist license in California. Once you obtain the license, you must carefully discharge your duties to avoid losing it. A mistake or violation of the law can trigger an investigation by your licensing board, putting your entire career at risk.
Sadly, mistakes happen all the time. An unsatisfied patient or employer can bring a complaint with the Physical Therapy Board. A jealous colleague can also make up an allegation against you. The board receives complaints about licensed physical therapists and must act upon them to protect the public. These allegations can destroy your reputation or cause you to lose a career that has taken so long to build. Fortunately, a skilled attorney can assist you in fighting for your career and reputation. They can assist you in developing a fighting plan that will compel your licensing board to drop your allegations or rule favorably in your case.
A skilled attorney can support you in fighting any kind of allegation and action by the board.
The Physical Therapy Board’s Discipline Guidelines
Although the mandate to issue licenses to qualified physical therapists falls on the Physical Therapy Board, the board’s mandate is geared more toward public welfare. The board seeks to protect patients and the public by issuing licenses to competent professionals. It also provides operation guidelines for qualified physical therapists to follow. These guidelines include abiding by the local, state, and federal laws and the standard of operation for physical therapists. The board does not take a violation of these guidelines lightly. It investigates cases against certified professionals accused of professional misconduct and takes stern action against them.
Thus, you can expect action from your licensing board immediately if it receives a violation allegation against you. The board’s action can be stern and could lead to a damaged reputation or a revoked license. You must prepare to defend your career and license to keep your likelihood. You can do so with the assistance of a competent license defense attorney. Your attorney will determine the nature of your allegations and the evidence the board has against you to develop a defense strategy that could resolve your case fairly. Thus, you must not wait for the board to take action because it could affect a career you have built for a long time.
The board does not receive similar complaints about physical therapists. Some complaints are graver than others. Others are valid allegations, while others are usually unsubstantiated. The validity of a complaint must be considered before taking action against the accused professional. If the complaint is credible, the board will notify you of a pending investigation and hearing to determine your case. The investigation helps the board gather sufficient evidence to resolve the case. You must also prepare for the hearing by gathering independent evidence and preparing a compelling statement that could make the board reconsider its decision.
Here are common violations licensed physical therapists commit that can trigger disciplinary action by the Board of Physical Therapy:
- Being high on drugs or alcohol when treating a patient
- A criminal arrest or conviction that possibly makes it hard for you to deliver professional or safe services
- Obtaining your physical therapy license by fraud
- Committing any type of fraud, especially insurance fraud
- Offering or receiving payment to refer a patient
- Using deceptive or false marketing practices
- Any unprofessional behavior while on the job
- Sexual misconduct or abuse of a patient or colleague
- A DUI arrest or investigation, even after working hours
- Prescribing excess treatment or medication
- Physical, verbal, or sexual abuse of a patient
- Being incompetent or negligent when treating patients
- Physical, emotional, or mental impairment that affects your ability to offer safe services
- Providing inaccurate or deceptive nutritional guidance to patients
- Exceeding the limitations of your professional license when delivering your services
- Violating your probation conditions
- Hiring incompetent assistants to serve under your supervision
- Failure to respect patient confidentiality
How The Physical Therapy Board Reacts to Unprofessional Conduct
Remember that the board receives all kinds of allegations against licensed physical therapists. Most of these allegations are usually unsubstantiated and do not qualify for an investigation by the board. The board drops such allegations. However, it takes other allegations seriously, especially if there is evidence that a licensed physical therapist violated their standard of operations. The board will not hesitate to penalize you if you are guilty of a violation, and that action can potentially harm your livelihood. You must be prepared to defend your career to avoid disciplinary actions that could affect your license or reputation.
If you are guilty of a minor violation, the board could issue a citation, requiring you to pay a particular fine. The citation is issued through its website, a public platform accessible to everyone. It also provides details of your violation and the amount you must pay in fines. Although a citation does not directly harm your livelihood, it can damage your reputation. Some professionals lose their jobs after being cited by the board, and others have difficulty finding new patients. If you are worried about severe consequences after receiving a public citation, talk to your attorney about it. They should be able to fight for citations and a fair fine.
Instead of a citation, the board issues a public reprimand as a warning against the conduct that resulted in the allegation. Although the warning sounds harmless, it is also publicly issued. This means anyone, including your employer, patients, and family members, can see it. This could damage your reputation and make it challenging to keep your job or obtain new patients. Fortunately, an aggressive attorney can fight a reprimand to protect your career and reputation.
If you made a mistake and the board wants to give you a chance to rectify it, it can put you on probation or suspend your permit. These are usually temporary actions by the board, allowing you some time to work on yourself to avoid further violations. License suspensions are common, especially in drug or DUI-related matters. The board can suspend your professional license to allow you to receive treatment for an underlying issue. However, this can affect your livelihood since you will not earn a living during suspension. Your attorney can push for probation instead of license suspension to allow you to work and earn a living as you work on yourself.
Revoking your license is the harshest penalty the Board of Physical Therapy can use against you. This could happen if, through your actions, a patient, colleague, or another person suffered a severe bodily injury or death. By revoking your license, the board ensures you do not practice as a physical therapist again. You can also lose your license if you commit a grave offense like murder or rape. These offenses affect your capacity to offer safe services to your patients. Your attorney can fight your license revocation in many ways.
During your hearing, they can present mitigating factors that could cause the board to reconsider the penalty. For example, if you have a good performance record and this is your first violation, your attorney can suggest a temporary suspension to allow the board to observe your performance before making the final decision. If you perform well during the suspension period, the board can lift the suspension and reinstate your license.
Thus, evidence is crucial when undergoing an administrative process that could harm your career or physical therapy license. Your attorney can gather evidence before or during the administrative hearing to help your case. For example, they can present your performance record, reviews from previous patients, and a report from your employer or colleagues to cause the board to drop your charges. Your attorney can also push for a favorable settlement of your case, depending on the circumstances of the case. They will aim to protect your license and livelihood.
Other Ways a Lawyer Can Help
In addition to defending your livelihood and license, your attorney plays a critical role during the administrative process. Since they are familiar with the complex administrative process, they will help you navigate it successfully. They will ensure you know what to expect at every step to avoid making mistakes that could worsen your situation.
Your lawyer also helps you meet all the deadlines for each administrative process step. For example, there are timelines within which you must respond to a notice of hearing. Your attorney will ensure you understand these timelines and file the necessary paperwork quickly.
If your license is suspended, your lawyer will help reinstate it. They will prepare the necessary paperwork and represent you in all the hearings to ensure you can work as a licensed physical therapist in California again.
Find a Proficient License Defense Lawyer Near Me
Obtaining a physical therapy license takes time, hard work, and dedication. After years of building your career and reputation, you can lose everything immediately due to an allegation of unprofessional or criminal conduct. The Board of Physical Therapy takes severe action against physical therapists who violate their standards of operation to protect the public.
Fortunately, we can help defend your license at San Jose License Attorney. Since we understand the importance of your license and livelihood, we will use our best defense tactics to cause the board to drop your allegations or rule fairly in your case. Contact us at 408-850-3740 if you face an administrative process in San Jose. We can start the administrative processes with you to improve your chances of obtaining a favorable outcome.
