Accused of Misconduct? How to Defend Your Vermont Physical Therapist License

With its emphasis on healthcare advocacy, Vermont is a popular place to work as a physical therapist (PT). The job market is active, and although the pay is lower than in some areas of the U.S., the low cost of living in some areas can offset any deficiencies. But if you’re a physical therapist facing licensing action in Vermont, you may worry about your future. Your professional license is crucial to your practice, and even a single complaint can bring long-lasting consequences.

At the LLF National Law Firm Team, we understand the issues that Vermont’s licensed medical professionals can face. Whether you practice in Burlington, Barre, Montpelier, or one of the many other towns and villages throughout the state, our team can help you navigate board processes. Give us a call at 888-535-3686 or complete our confidential contact form to get in touch.

Physical Therapy Licensing in Vermont

In Vermont, physical therapists are licensed under the Office of Professional Regulation (OPR), which falls under the Vermont Secretary of State (SOS). The SOS oversees all licensing, including disciplinary action.

The SOS is tasked with appointing two physical therapists to serve as advisors to the office, with each of those PTs serving five-year terms. An administrative law officer oversees disciplinary matters for the SOS office, and the SOS office has the authority to make decisions about disciplinary action based on the preponderance of the evidence.

Common Reasons for Disciplinary Action in Vermont

From Newport to Bennington, Vermont’s physical therapists must follow the same set of regulations. Violation of those regulations can lead to disciplinary action. Some of the most common violations include:

• Practicing without a license: Vermont PTs are prohibited from using the title “physical therapist” or its related variations without holding a license with that title.
• Boundary violations: Sexual harassment of a patient or sexual relations, whether consensual or not, is grounds for disciplinary action in Vermont.
• Unwanted services: Performing services that haven’t been authorized by the patient or the patient’s legal representative.
• Deceptive advertising: Using false or misleading claims in promotions to attract patients. This can include misrepresenting the effectiveness of certain treatments and using fictionalized testimonials.
• Deceptive billing practices: This includes billing for services not rendered, including fraudulent claims to insurance companies. This also includes upcoding, the practice of using a higher-cost code than the service that was actually provided.
• Criminal behavior: Conviction of a felony or of a crime related to physical therapy practice.
• Document mishandling: Filing false reports or failing to retain client records for at least seven years.

The Investigation and Disciplinary Process in Vermont

If you receive notice of a complaint, it’s important to know what to expect. The Vermont OPR follows a structured process for investigating and resolving disciplinary matters. Here’s how it usually works:

• Complaint submitted: Anyone can file a complaint through the OPR website, including coworkers, patients, insurance providers, and employers.
• Complaint reviewed: Once received, a complaint undergoes a preliminary screening to check that it falls under OPR’s jurisdiction and that it merits further investigation. The complainant is notified that the complaint has been received, and if it’s closed without further action, the complainant receives a separate notice.
• Investigation assigned: If the complaint merits further action, the OPR assigns it to an investigator. Cases that pose an immediate threat to public safety are given top priority.
• Investigation convenes: The investigator will interview witnesses and gather information relevant to the complaint.
• Licensee contacted: At this point, the investigator will reach out to you, the licensee, to let you know about the complaint. This may be done by phone, email, letter, or in person. In some cases, you’ll be asked to provide a written response.
• Investigator prepares report: At the end of the investigation, the investigator will compile a report and provide it to the investigative team.
• Investigative review: The investigative team will review the report and determine whether the conduct merits public discipline. The state prosecuting attorney also weighs in at this stage. The case is either closed or marked for further action. If the case is closed, you’ll be notified, and the investigation and complaint will remain confidential.
• Specification of charges: If the case moves to the next phase, the prosecuting attorney will put together a specification of charges. This document outlines the alleged violations, as well as the pertinent facts that helped the investigative committee arrive at their decision.
• Notification of findings: You’ll be notified of the charges by mail, along with a form that you’ll use to provide a written response within 20 days. Once the OPR receives your response, you’ll be given a hearing date.
• Hearing preparation: In the days leading up to the hearing, you’ll receive the investigation report and any of the state’s exhibits that will be presented. You’ll also need to submit any exhibits you’ll be sharing.
• Stipulation resolution: In some cases, charges are resolved through an agreement between the state and the respondent, at which point the case won’t proceed to a hearing. This is where the LLF National Law Firm Team can provide guidance on whether you should accept the proposed resolution. When possible, we can also negotiate any proposed sanctions.
• Hearing date: If your case goes in front of the board, you’ll state your side of the story and present any supporting evidence and witnesses. The state will also present its evidence and witnesses.
• Final decision: The board will look at all the evidence and make a determination. If sanctions are to be imposed, the board will let the licensee know.

Continuing Education Requirements for Vermont PTs

Every two years, your Vermont PT license will come up for renewal. One of the conditions of renewal is that you complete so many credit hours of continuing education. You’ll need 24 units of qualifying education if you’re a PT and 16 units if you’re a physical therapy assistant.

All education must be from an approved provider to qualify. You can find approved providers on the OPR website. When you submit your courses through the website, they’ll be audited within 30 days, so it’s important to make sure you choose an approved provider. Failure to meet education requirements will prevent you from getting your license renewed when the two-year period is up.

Potential Sanctions for Vermont Physical Therapists

When the investigation leads to disciplinary action, the OPR has several options at its disposal. They are:

• Warning: For minor offenses, the board may issue an informal warning to a licensee.
• Reprimand: This is a formal written warning to a licensee for infractions that are more severe in nature.
• Fine: A licensee may be hit with financial penalties.
• Suspension: With a suspension, a licensee loses the ability to practice for a defined timeframe.
• Revocation: The license is permanently revoked from the licensee.

In some cases, PTs can keep their license and continue to practice, but conditions are attached to that license. Conditions may include:

• Practice supervision
• Limited practice settings
• Limited practice hours
• Remedial coursework
• Independent evaluation for fitness to practice
• Drug and alcohol testing
• Drug and alcohol treatment
• Drug and alcohol counseling

Appealing a Vermont OPR Decision

Sometimes the OPR conducts a complete investigation and decides on disciplinary action. When that happens, an appeal might be able to reduce the severity of sanctions or even overturn the decision altogether.

Your decision letter will instruct you on the appeals process, but you’ll follow these steps to appeal decisions against your Vermont physical therapy license:

• File a Notice of Appeal with the OPR. At a minimum, your notice should include your name, the name of the order, the agency that made the decision, the date of the order, and the fact that you’re appealing the order to the Vermont Superior Court.
• File a Notice of Appeal with the Superior Court.
• Pay the $295 filing fee. If you can’t afford the fee, you can apply to have the fee waived.
• The OPR’s clerk will provide a list of all interested parties in your case. You’ll need to send each of those parties a copy of the Notice of Appeal.
• All interested parties will need to enter their appearance with the Superior Court within 21 days of being served the Notice of Appeal.
• Within 30 days of the Notice of Appeal filing, the OPR will need to submit all records pertaining to the case to the Superior Court.
• The court will schedule a trial.

What to Do If You’re Contacted by the OPR

Now that you know what to expect, it’s important to look at what you should do to defend your license once a complaint comes in. Here are some steps to take if you receive a notice of complaint:

• Do not respond hastily. The OPR gives you a deadline to respond to the notice. Don’t feel the need to fire back a response right away. Take some of that time to think through your response and consult our team to help.
• Do not contact the complainant: As tempting as it might be to reach out to the person who filed the complaint, don’t. This can be seen as retaliation or interference with the investigation.
• Start gathering supporting documentation: At this phase, it’s essential to gather any evidence you can find to support your case. Also write down timelines and get copies of any patient records.
• Contact our Professional License Defense Team: Reaching out to our attorneys as early in the process as possible can make a difference.

Why You Shouldn’t Face the OPR Alone

When you receive a notice from the OPR, your first response might be to assume you can handle it alone. You simply need to write a response and wait for the matter to be cleared up, right?

Unfortunately, too many professionals learn the hard way that licensing authorities aren’t required to prove guilt beyond a reasonable doubt. The Vermont OPR’s investigations committee considers something called preponderance of the evidence, which means they only need to feel that the evidence points in one direction or the other to make a determination.

The OPR looks out for the best interests of Vermont patients, but our legal team will focus on yours. We’ll help you avoid common pitfalls like inadvertently admitting facts that hurt your case, accepting harsher fines or penalties than the allegations merit, and receiving sanctions that permanently damage your career.

Our Approach to Defending Vermont Physical Therapists

Every license defense is unique, which is why we customize our approach to each client. But here are a few ways our team helps you defend your license during an OPR investigation:

• Confidential case assessment: We start by taking an in-depth look at the allegations against you and any correspondence you’ve received from the state.
• Strategic response development: Your written response to the board can make a big difference in the outcome of the investigation. We’ll help you craft a professional, persuasive response that doesn’t inadvertently admit wrongdoing.
• Evidence compilation: We’ll work with you to gather the documentation necessary to bolster your case.
• Defense positioning: We can pinpoint any flaws in the investigation, procedural errors, or inconsistencies in the complaint.
• Negotiation assistance: When the state offers a resolution, we can negotiate to minimize penalties.
• Appeal assistance: If the outcome of the investigation isn’t what you hoped, you may be able to appeal. If so, we’ll help you file all the necessary paperwork and prepare for the subsequent hearing.

The LLF National Law Firm Team Approach

PTs in Stowe, Woodstock, Manchester, or other areas of Vermont need to keep an up-to-date license in order to practice. Even one complaint can lead to licensing action that has long-term implications. You may have done nothing wrong, but the investigators are tasked with simply gathering evidence and making a determination based on that evidence.

If your license is on the line, don’t wait until the damage is done. The LLF National Law Firm Professional License Defense Team has experience with state disciplinary action and can help Vermont’s physical therapists and physical therapy assistants. Give us a call today at 888-535-3686, or provide some details about your case using this form, and we’ll reach out to you.