Georgia's licensed physical therapists (PTs) and assistants (PTAs) are essential to patients and clients of all ages and rehabilitative needs. Whether working in a busy downtown hospital in Augusta, Atlanta, or Savannah, a rehabilitative clinic in Warner Robins or Athens, or a private practice in Macon or Brunswick, they play a vital role in the state's healthcare industry and individual recovery goals.
Along with keeping up-to-date on therapeutic techniques, advancements in medical interventions, and continuing education requirements, PTs and PTAs must maintain awareness of the state licensing agency's myriad of rules and regulations. Obligations are far-reaching, from ethical behavior standards to proper record keeping and on-the-job mental fitness. State agencies have extensive investigation powers when complaints arise, placing licensees at risk of sanctions, which can include the suspension or revocation of their credentials. Critically, harsh disciplinary action can come from minor violations, such as:
- Failing to document a patient's condition changes
- Forgetting to supervise an aide under delegation
- Missed notes in service records that do not align with insurance reimbursements
When Georgia PTs and PTAs are named in complaints or the licensing agency notifies them of alleged violations, they must turn to the Lento Law Firm to defend their authority to practice. Healthcare professionals need a dedicated outlet to build a defense strategy to challenge charges, keeping them aligned with their essential work. Whether addressing investigators, managing disciplinary hearings, or pursuing appeals, our Professional License Defense Team will provide the assistance licensees need. Call us at 888-535-3686 now or fill out our confidential consultation form, and we will reach out to you.
Georgia State Board of Physical Therapy
The Georgia State Board of Physical Therapy (State Board) is charged with protecting the public's health, safety, and welfare in the context of physical therapy services. From its headquarters in Atlanta, the State Board uses the Georgia Physical Therapy Practice Act to govern the profession, including licensing individuals as PTs and PTAs. Since Georgia is a member of the multi-state PT Compact, it issues reciprocity for licensees from more than three dozen other home states.
In addition to overseeing license issuance and renewals, the eight-member State Board sets the standards for the scope of practice for PTs, PTAs, and unlicensed support personnel.
Licensed PTs are responsible for conducting patient evaluations, interpreting physician referrals, and making decisions to create and support patient care plans. PTAs implement treatment components that the supervising PT has delegated.
Unlicensed support personnel, such as physical therapy aides, have a far narrower assignment of duties. The only tasks the State Board allows aides to carry out independently are:
- Clerical tasks, excluding treatment documentation
- Transporting patients and clients
- Assembling and disassembling equipment in treatment areas
- General housekeeping activities
Physical therapy aides may provide supportive activities to patients that do not include the direct provision of any intervention but only at the discretion of licensees. They are limited to assisting a patient in preparation for treatment, during treatment, or after cessation of treatment. Ultimately, licensed PTs and PTAs are the only providers of physical therapy in Georgia.
Physical Therapist Code of Ethics and Unprofessional Conduct
Georgia PTs and PTAs put a majority of their efforts into the medical and rehabilitative side of patient care. However, services include far more than the latest exercise techniques and recovery strategies. Since physical therapy is a public-facing profession, licensees are beholden to numerous professional and ethical standards.
PTs must abide by the following ethical standards:
- Hold patient information in confidentiality
- Provide optimal physical therapy services for patients regardless of race, gender, age, religion, disability, or sexual preference
- Communicate and interact with patients and others in a professional, timely, and courteous manner
- Refrain from engaging in harassment of patients, colleagues, or associates
- Accept responsibility for patient treatment and exercise sound judgment
- Establish effective means of delegation and supervision
- Provide accurate information to consumers about the profession and services rendered
A PT's ability to make independent judgments must not be limited or compromised by professional affiliations, including employment relationships. When a patient's needs are beyond the scope of expertise, the PTs must inform and assist patients in identifying a qualified person to provide the necessary services. Moreover, the State Board asserts that it is "unethical to initiate or continue services" that—in the licensee's judgment—either "cannot result in beneficial outcome or are contraindicated."
The ethics guidelines for PTAs are nearly identical but with consideration of their more limited scope of practice. Nevertheless, all individuals, including unlicensed support personnel, must report any activity that appears to be unethical, incompetent, or illegal.
Failure to abide by the State Board's standards can lead to disciplinary measures, including fines, probation, or even license revocation. Although it's not an exhaustive list, unprofessional conduct subject to investigation includes the following:
- Failing to provide continuous, immediate, and physically present supervision of aides or unlicensed support staff
- Conspicuously posting and affirmatively communicating the incorrect regulatory designator (PT, PTA), level of education, or training to current or prospective patients
- Declining to provide an evaluation, such as a physical therapy diagnosis, on patients
- Failing to formulate and record the patient's treatment program or discharge plan
- Knowingly making misleading, deceptive, untrue, or fraudulent representations to patients, consumers, or others in connection with the practice
- Refusing to perform periodic patient evaluations
- Directly or indirectly requesting, receiving, or participating in cash or in-kind patient referrals
Otherwise, the State Board considers any conduct that is "unprofessional, unethical, deceptive, or deleterious…or harmful to the public," regardless of potential or actual injury, to be subject to sanctions. It also considers any departure from the minimal standards of acceptable and prevailing physical therapy practices as ethics violations.
Delegation and Supervision
In addition to the State Board's ethical and professional standards, licensees are required to adhere to guidelines governing delegation and supervision of physical therapy services. The relationship between PTs and PTAs is centered on tasks carried out under strict rules, wherein PTs are ultimately responsible. PTs may delegate interventions that are within the PTA's competence and scope of practice—as long as the intervention does not require advanced clinical judgment.
To supervise tasks, PTs must be present in the same institutional setting, 25 percent of any work week, Monday through Friday, and be readily available to the PTA at all other times, including weekend coverage, for advice, assistance, and instruction. PTs are required to meet with PTAs no less than once per week to review all patients being treated.
Adequate supervision by a licensed PT must include the following:
- A documented evaluation of a physical therapy diagnosis
- Patient care plans with elements that can be delegated
- Periodic treatment program and delegatee performance reevaluations
- Records of patient responses to delegated care
PTs may delegate certain tasks to unlicensed support staff that do not require clinical decision-making, such as patient transport or equipment setup. They can, however, record selected data as directed by the PT—such as vital signs or height and weight—and assist in routine patient care tasks.
Investigation Process for Georgia PTs and PTAs
Licensees may first become aware of an impending investigation when they receive a letter in the mail or in their electronic inbox. However, the first step in the process is when a patient, a patient's family member, colleague, assistant, or supervisor lodges a complaint with the Office of the Secretary of State's Professional Licensing Board Division.
The Division's administrative staff will screen the complaint to ensure it falls within its jurisdiction, meaning a violation of the Georgia Physical Therapy Practice Act or other State Board rules. It can include objections to care services given in a facility to incidents in the public space that call the fitness of a licensee (respondent) into question.
Investigators gather evidence, including interviewing witnesses, analyzing records and the licensee's notes, insurance claims, and anything else needed to substantiate their findings. Critically, the Division can, upon reasonable grounds, obtain any and all records relating to the respondent's mental or physical condition, including psychiatric records, and is admissible in any hearing.
After reviewing the investigation results, the State Board may offer the respondent the opportunity for an informal conference to negotiate a resolution without formal charges. A consent order will detail agreed-upon sanctions or remedial measures, and respondents who agree can avoid an administrative hearing. However, that is likely not in the best interest of licensees.
When informal conferences lead to legally binding orders, PTs and PTAs may have sanctions levied that do not correspond with the facts of the case. The Division may not uncover all evidence or witness testimony that mitigates the potential for sanctions. Without a formal hearing, licensees risk unfair punishment.
Georgia Administrative Hearings
Licensees may request an administrative hearing before any imposed sanction, but the Division also requires it in cases involving the potential for a suspension or revocation. Georgia's Office of State Administrative Hearings (OSAH) manages proceedings, with an Administrative Law Judge (ALJ) assigned to each case. The ALJ may hold a pre-hearing conference to address scheduling, provide for a short discovery period, and as another means to resolve the matter before the hearing begins.
Although not as formal as a courtroom trial, both sides can present evidence, call and cross-examine witnesses, and make arguments to the ALJ. As the prosecuting party, the Division (represented by an Assistant Attorney General) bears the burden of proof in administrative hearings. However, the threshold is low—only a "preponderance of the evidence" standard.
After the hearing concludes, the ALJ issues a decision on the matter, including recommended sanctions. The State Board meets to review the determination from OSAH and may accept, modify, or reject the ALJ's recommendations upon a majority vote.
State Board Sanctions for Georgia Physical Therapists
The State Board can issue several punishments for substantiated violations. Specific penalties depend on the seriousness of the offense, the licensee's disciplinary history, and any aggravating or mitigating circumstances.
Licensees can be subject to one or more of the following:
- Written reprimand: A formal notice (available to the public) documenting the licensee's responsibility for the violation
- Fines: Monetary penalties, which vary based on the nature of the offense
- License Probation: Continued practice under strict conditions or with limitations, such as prohibitions from delegation, additional training, or mandatory supervision
- License Suspension: A temporary ban on the ability to practice as a PT or PTA, with reinstatement subject to State Board approval
- License Revocation: Permanent loss of a license to practice as a physical therapist in Georgia
While licensees have 30 days to appeal the decision to a circuit court, the proceedings will not involve a rehearing of the case. A judge will only examine the record to ensure fairness throughout the process and the appropriateness of penalties.
Licensees may believe that minor discipline, such as reprimands or fines, may not affect them extensively, but any sanctions can be detrimental to a career. For instance, since Georgia is a signatory of the multi-state PT Compact, discipline from the State Board will affect the status of practice in most states throughout the country. Regardless of the allegations, PTs and PTAs need to challenge any assertion from the State Board or finding from the Division.
Protect Your Georgia Physical Therapist License
At the Lento Law Firm, we provide Georgia PTs and PTAs with the strong support they deserve to continue rendering much-needed rehabilitation services to the public. Some may hesitate to engage an attorney for fear of appearing overly confrontational, but our Professional License Defense Team knows the priorities of the State Board when addressing alleged violations. Our team conducts its own investigation as the right evidence or witness testimony can determine the outcome of your case.
We understand how to advocate effectively on your behalf, from the initial investigation to OSAH hearings through appeals and judicial review. No matter if licensees are working in Valdosta, Hinesville, Columbus, Metro Atlanta, or elsewhere throughout the state, we help respond to allegations and successfully address formal charges from all state authorities. Call our Professional License Defense Team at 888-535-3686 today or fill out our confidential consultation form, and we will contact you.
