You likely remember the long hours you put into preparing for your physical therapy license. The effort and career investment are certainly worth protecting. So, when your license is in jeopardy because of a complaint with the Tennessee Board of Physical Therapy, you have a lot more than just a license on the line. Founded or unfounded, now's not the time to take matters into your own hands. Get the professional legal help you need from the Lento Law Firm's Professional License Defense Team. From Nashville to Knoxville and Memphis to Chattanooga, let us help you secure the most favorable outcome in your case. Call 888.535.3686 to connect with us, or complete our contact form now.
Tennessee Board of Physical Therapy (TBP)
In Tennessee, the governing body that oversees licensing for physical therapists is the Tennessee Board of Physical Therapy (TBP). This group is charged with prioritizing the health and safety of Tennessee patients by verifying that all who practice physical therapy are qualified to practice. Key responsibilities of the TBP include:
- Interpret the law, regulations, and rules to determine the best standards of physical therapy practice.
- Ensure the highest degrees of professional conduct among physical therapists.
- Investigate any alleged violations or complaints related to the Practice Act.
- Assign disciplinary actions for those who are found guilty.
Types of Physical Therapy-Related Complaints
Any number of physical therapy-related complaints can derail your healthcare career. The Tennessee Board of Physical Therapy outlines the various types of violations that warrant further investigation. These violations specifically apply to service-based, in-practice occurrences and include:
- Practicing without a license: Performing services without holding a valid, state-issued license.
- Practicing on an expired license: Continuing to work after your license has lapsed or is no longer active.
- Conviction of a felony related to or impacting physical therapy practice: A criminal conviction that directly affects your professional ability to practice safely or ethically.
- On-the-job impairment: Providing care while under the influence of substances that impair your performance.
- Practice outside of the scope of recognized practice: Delivering treatments or services beyond what is legally or professionally permitted.
- Unprofessional, unethical, or dishonorable conduct: Behaviors that violate ethical standards or damage the integrity of the profession.
- Improper dispensing of any controlled substance: Distributing or handling medications in a way that violates laws or regulations.
- Professional incompetence: Failing to meet the basic standards of skill or knowledge required for safe practice.
- Falsification of patient medical history or records: Altering, omitting, or fabricating medical documentation.
- Sexual misconduct: Engaging in any inappropriate sexual behavior or relationships with patients.
- Unsanitary conditions: Maintaining a treatment environment that poses health or safety risks.
You might also be subject to a TBP investigation for violations unrelated to your job performance, including:
- Advertising violations: Making misleading, false, or unapproved claims in marketing or promotional materials.
- Fee issues, fee splitting, rebating: Engaging in unethical financial practices like sharing fees or offering kickbacks.
- Conviction of a crime unrelated to your practice: Being convicted of a criminal offense, even if not tied to your professional duties.
- Allowing the practice of unlicensed personnel: Permitting someone without proper credentials to provide care or services.
- Counseling violations: Providing advice or guidance that goes beyond your qualifications or breaches legal boundaries.
Complaints can come from patients directly, but also from hospitals, healthcare facilities, and insurance companies. Even the general public is encouraged to report any issues that suggest a practitioner hasn't lived up to the professional decorum. Also, pursuant to Tennessee law, the identity of the TN complainant is confidential and cannot be disclosed. This additionally means you can't get a copy of the complaint itself.
Disciplinary Grounds and Potential Penalties
Disciplinary actions may vary in your case, based on the severity of the potential violation, the frequency with which it occurred, and the nature of any harm caused. If you're facing a complaint about your physical therapy practice, the TBP may assign:
- Letter of Instruction or Letter of Warning
- Letter of Reprimand and or civil penalty
- Probation or suspension with remedial conditions or monitoring
- Continuing education requirements
- Limitations on your scope of practice
For Tennessee physical therapists facing complaints and discipline, this means the board will further examine your credentials and qualifications as a practitioner. The board will also consider each complaint to determine if it's valid. Upon investigation, the final outcomes will include:
- Complaint dismissal if the TBP finds the allegations to be unfounded.
- Less severe penalties whereby the physical therapist can negotiate for a more favorable outcome.
- License suspension or revocation should the board find the claims to be founded.
The final outcome of a license defense can vary depending on your specific circumstances of the case, but it could result in:
- Dismissal of the Complaint: The TBP may choose to dismiss the complaint if it finds it to be unfounded.
- Less Severe Penalties: The licensee may be able to negotiate for a less severe penalty than initially proposed.
- License Suspension or Revocation: In some TN cases, the TBP may impose a suspension or revocation of the license.
Tennessee Board of Physical Therapy Investigation Process
Once a complaint comes in, ensuing investigations will be announced within three business days. If you've received notice from the Tennessee Board of Physical Therapy about a complaint against you, here's what you can expect next as the investigation continues.
- The TBP will log the complaint and begin its investigation. This includes gathering information about any incidents in question and interviewing related parties.
- The allegations and information will be reviewed by the board's official consultant and attorney.
- A field investigator may be assigned to collect witness statements related to your case and documentation to prove or disprove the complaint against you.
- The investigation and review process can take several months to complete, depending on the nature of the allegations.
- The investigation report itself is entirely confidential. However, when findings are returned, you'll receive written notice of your outcome.
- If appropriate, TBP findings might also include guidance on how to improve your physical therapy practice.
- Should findings rise to the level of formal charges against you, written notice will be provided and your opportunity for a hearing.
Preparing Your Defense in Tennessee
When a complaint is filed against you as a physical therapist in Tennessee, it's mission-critical to take swift and informed action to protect your professional standing. The first step is to thoroughly understand the nature of the complaint you're facing. What exactly is being alleged, and how might it affect your license or practice? Once the scope of the complaint is clear, it's essential to start gathering all relevant documentation and evidence. This might include patient records, emails, clinical notes, internal policies, witness statements, and anything that helps provide context or counter the allegations.
Many therapists also benefit from seeking legal counsel from our Professional License Defense Team early in the process. Because we offer in professional licensure defense in TN, we can guide you through the investigation, advocate on your behalf, and help you avoid common missteps early on in the process.
Legal representation becomes especially important if the Tennessee Board of Physical Therapy (TBP) initiates formal proceedings. In many cases, we may be able to negotiate directly with the Board to pursue a less severe outcome or resolve the complaint informally. Some allegations can be addressed through corrective actions or educational measures, too, depending on the nature of the issue and whether this is a first-time concern
However, not all communications from the TBP result in formal discipline. For example, informal letters of concern or warning are not considered disciplinary actions, are not included in your official licensure file, and cannot be appealed. That said, these informal letters are still documented and kept in a confidential complaint history file, which is not publicly accessible under Tennessee law.
For cases that do result in formal discipline, like a license suspension or revocation, you do have the right to appeal. Appeals in TN must be filed within a specific timeframe, usually 60 days, as outlined in TN state law, and failure to act within that window may result in a lost opportunity to challenge the Board's decision. If a license is revoked or suspended, there may also be a pathway for reinstatement after a designated period, provided the licensee meets all conditions established by the TBP. But any formal disciplinary action that goes on your record will remain there permanently.
Additionally, because licensure records are public documents, these outcomes can impact your future employment, professional reputation, and insurance credentialing for years to come.
Why You Should Never Face a Physical Therapy License Complaint without a Lawyer
When your professional license is on the line, the stakes are far too high to go it alone. A complaint to the Tennessee Board of Physical Therapy (TBP) can threaten your livelihood, your reputation, and your ability to practice altogether. Many physical therapists in TN make the mistake of underestimating the seriousness of a board investigation, especially when the complaint seems unfounded or based on a misunderstanding. But the truth is, even an informal inquiry can quickly escalate into formal disciplinary action if not handled properly. That's where having an experienced physical therapist license defense attorney becomes crucial.
Risk Misrepresenting Yourself
Without a lawyer, you risk missteps that can cost you everything. One of the most common pitfalls is responding to the TBP without fully understanding what they're looking for. Your words, even well-intentioned, can be misinterpreted or used to build a stronger case against you. The right legal representation can ensure your response is strategic, concise, and aligned with protecting your rights and not accidentally harming your case.
Underestimating the Complex Process
Another major risk is underestimating the process itself. The TBP follows strict administrative procedures, deadlines, and legal standards. Failing to meet even one requirement, like submitting documents on time or properly requesting a hearing, could lead to default actions against your license. Without legal guidance, you may not even know what deadlines exist or what's at stake until it's too late.
Missed Negotiation Opportunities
Consider, too, the negotiating power that a lawyer brings to your defense. In some cases, your attorney might be able to resolve the issue without formal discipline. But on your own, you may not know those options exist, or how to advocate for them. Worse, you might accept a deal that seems “fair” but leaves a permanent mark on your record. It could be something that impacts your future employment, insurance credentialing, or even your license status in another state.
Going to a Hearing By Yourself
If your case goes to a formal hearing, legal representation becomes even more important. These proceedings involve presenting evidence, cross-examining witnesses, and making arguments based on state statutes and administrative law. This is not something you'll want to improvise. You need someone who knows the system and knows how to fight for your license.
Bottom line: Don't gamble with your future. Protect your career, your reputation, and your peace of mind. Get the legal support you need today with our Professional License Defense Team.
Our Role in Your Tennessee Physical Therapist License Defense
At the Lento Law Firm, our Professional License Defense Team will work on your behalf to secure the most favorable outcomes possible. We understand how important your physical therapy career is, and we also know the ins and outs of how the Tennessee Board of Physical Therapy processes complaints and investigations. We'll step in to review all the details of your case, negotiate on your behalf, and follow through with any appeals processes.
Premier Physical Therapist License Defense Attorneys in Tennessee
You've worked hard to establish yourself and your career in physical therapy. Don't let a complaint jeopardize your future. Take every allegation and board communication seriously, and let our Professional License Defense Team help. Our team has years of experience in representing healthcare professionals nationwide, including those in physical therapy. Don't go it alone. Call 888.535.3686 to connect with our defense team, or complete our contact form to schedule your consultation.
