With an aging population and a decent cost of living, Idaho is worth considering if you're looking for the best place to be a physical therapist. But while physical therapists may find plenty of job opportunities, maintaining a professional license requires adhering to a code of conduct, as with any other state. Whether you live in Boise or Island Park, disciplinary action in Idaho could put your professional future in jeopardy. It's important to understand the issues that could lead to an investigation.
The Lento Law Firm Team has many years of experience in physical therapy licensing issues and can help you navigate the state's investigations and disciplinary processes. If your Idaho physical therapy license is at risk, give our team a call today. You can reach us at 888-535-3686 or by filling out this confidential contact form.
Idaho's Licensing Board
To work as a physical therapist within the state of Idaho, you'll need to obtain a license from the Idaho Physical Therapy Licensure Board, which operates under the Division of Occupational and Professional Licenses (DOPL). The board oversees all licenses for both physical therapists (PTs) and physical therapy assistants.
Licensing decisions in Idaho are governed by a small board, made up of only five members, each appointed by the governor. Three board members must be physical therapists, while at least one can be a licensed physical therapist assistant. One must be a member of the public with an interest in Idaho consumer rights.
Board Licensing Authority
In Idaho, the physical therapy division handles:
- Issuing and renewing licenses
- Investigating complaints
- Conducting hearings
- Imposing sanctions
The board has the authority to:
- Evaluate license applicants for qualifications
- Administer exams
- Promulgate new rules
- Adopt continuing education rules
- Suspend, revoke, order probation, or otherwise sanction licensees
- Order restitution when applicable
- Order facility inspections
Types of Complaints
When licensees are suspected to be in violation of state regulations, the DOPL orders an investigation. The board can launch an investigation based on any of the following:
- Public complaints: Patients, colleagues, or employers may report potential infractions to the board. Complaints can be filed through the DOPL website.
- Mandatory reporting: Facilities and certain professionals are required by law to report any potential infractions.
- Routine audits: In some cases, DOPL launches investigations based on either license renewal documentation or unusual activity.
- Emergency actions: When the public's health or safety may be at risk, the board can immediately suspend a license.
Common Grounds for Discipline
Once the DOPL grants a license to a physical therapist, the licensee needs to follow all applicable regulations. Here are some common infractions that lead to disciplinary action for physical therapists and physical therapist assistants.
- Practicing outside the scope of physical therapy practice
- Obtaining your license through fraud, misrepresentation, or omission
- Shoddy performance as a physical therapist, either intentionally through negligence, or by failing to act
- Inadequate supervision of subordinates
- Felony conviction
- Conviction of a crime that has any bearing on your ability to practice as a physical therapist
- Practicing while impaired by the use of controlled substances, other drugs, chemicals, or alcohol
- Failing to disclose revocation or suspension of a license in another state
- Sexual intercourse or misconduct with a patient or former patient
- Requesting, receiving, or participating in any transfer of referral fees or other unearned compensation related to physical therapy services
- Making misleading claims
- Failing to maintain patient confidentiality unless otherwise required by law
- Failing to maintain adequate records
- Promoting unnecessary devices, treatment, or intervention for financial gain
Continuing Education Requirements in Idaho
As most medical professionals know, education doesn't stop after graduation. In Idaho, physical therapists must complete 32 contact hours of continuing education (CE) every two years to be eligible for license renewal. You'll need to retain documentation verifying your attendance for two years in case the board requests it. This education is not provided by the Idaho DOPL or its board, but the division does recommend course providers, including:
- American Physical Therapy Association or any of its sections or local chapters
- Commission on Accreditation in Physical Therapy Education
- The National Athletic Trainers Association
- Any accredited college or university
You can also earn CE credits by presenting professional programs relevant to the profession, attending related workshops and conferences, authoring research published in a professional publication, and participating in certain courses. Supervising a physical therapy student in an accredited college program can earn four hours of credit each year.
Complaint Handling in Idaho
Incoming complaints on Idaho physical therapists are first screened to ensure they're under the DOPL's jurisdiction. They also go through an initial review to determine whether the accusations might be in violation of existing rules or laws. In some cases, complaints are dismissed at this stage with no further action, at which point the licensee will not be notified.
If, however, a violation is a possibility, an investigator will be assigned. The investigator is a neutral party who is not a licensee or a member of the board. After the investigator reviews the complaint, the complainant will be contacted for more details.
Complaint Investigations in Idaho
The investigator's job is to gather as much information about the complaint as possible. This typically means interviewing the complainant and any witnesses, documenting any facts that emerge as part of the process. At the same time, the investigator will seek out any relevant documents, photographs, or other material evidence that can be used to determine whether an infraction occurred.
Once you're notified of the investigation, you have the right to collect your own facts. Respond to any requests for information with the names of others who can attest to your innocence, and attach supporting documentation. It's important to be as thorough and professional as possible when responding to requests from the investigator.
Finalizing the Report
Once the investigator has all the necessary information, a report will be prepared and included in a file with all related documentation. In some cases, a professional reviewer with expertise in the profession will review the case and prepare a report too.
In some cases, the investigator finds insufficient evidence that a violation occurred. When that happens, the investigator will refer the case to the board to close it. But if the investigator finds probable cause to believe a violation happened, a formal administrative complaint will be filed, and the disciplinary process will begin.
Probable Cause and Adjudication
Once the investigator's report is complete, the board reviews it to determine next steps. Typically, this involves one of the following:
- Dismissal: While this isn't common, the board may, in some cases, determine that the alleged impropriety doesn't merit punishment.
- Letter of admonition: In another positive scenario, the board issues a warning in writing.
- Formal complaint: If the board decides to move forward with disciplinary action, you will receive notice of the decision.
Settlements for Physical Therapy Professionals in Idaho
Either before or after the administrative complaint is filed, the prosecutor will reach out to you in writing. This written communication will include directions for settling the case through something called a consent order. If you agree to settle, you'll waive your right to a hearing and accept your punishment, at which point the matter will become part of the public record.
It's important to realize that by agreeing to settle the case, you give up your ability to tell your side of the story in front of the judge. Not only will you face action against your license, but the board may report it to the National Practitioner Data Bank. If you're considering settling your case, it's typically in your best interest to consult an attorney first for advice on whether it's the best course of action in your situation.
Professional License Hearings in Idaho
If the board files an administrative complaint, an independent hearing officer will be assigned to handle your case. This is an independent attorney in private practice with no direct connection to the Idaho DOPL. At this point, you'll receive a notification that includes important information, including deadlines you'll need to hit.
The DOPL will schedule a hearing where you'll have the opportunity to state your case. It's important to know your rights when it comes to Idaho disciplinary hearings. They include:
- Written notice of all charges
- The right to counsel
- The right to present evidence and witnesses
Our Professional License Defense Team can help you prepare for DOPL hearings, including gathering evidence and preparing the statements you'll make to the board. Simply having a partner who understands the process can give you peace of mind in the days leading up to this all-too-important hearing.
After the Hearing
Following the hearing, the hearing officer will make a recommendation to the board. This recommendation will include findings of fact and conclusions of law, all explaining whether the evidence shows that violations occurred.
The board will review the hearing officer's recommendation and make a final decision based on all the information provided. At that point, the board will decide on sanctions. Those sanctions may be one of the following:
- Issuing a censure or reprimand
- Imposing restrictions and/or conditions on the licensee's ability to practice
- Suspending a license for a period of time to be determined by the board
- Revoking a license
- Refusing to issue or renew a license
- Imposing a fine
- Accepting a voluntary surrender of a license
- Assessing costs and attorney's fees to a licensee
Appealing DOPL Decisions
Once the board issues a final order, you'll be notified, and that notification will include information on your right to file an appeal. You'll be given a timeframe for the appeal, so it's important to file promptly. The order will include information you'll need to submit before the hearing, which can include items like witness lists and briefs summarizing your arguments.
Appeals are handled through the Office of Administrative Hearings (OAH), an administrative body that oversees state regulatory actions. On the hearing day, you'll need to show up to advocate on your own behalf. In addition to disputing the findings, you should also bring up any aspect of due process that the board didn't follow. In some cases, it makes sense to dispute the assigned penalties rather than ask for a complete dismissal of the findings. You may be able to negotiate reduced sanctions.
Consequences of Disciplinary Action
When an Idaho physical therapist faces disciplinary action, far more is at stake than potential fees or embarrassing reprimands. Even a minor penalty can leave a mark on your permanent record, and that can get in the way of professional opportunities. Losing your ability to work as a physical therapist or physical therapist assistant is the biggest issue, but even employers outside the medical field will have questions about your past employment, and having disciplinary action against you could keep you from landing work.
Reputation damage is another consequence of disciplinary action. Disciplinary action is made publicly available through the DOPL website, so friends, colleagues, and relatives can gain access to the information. In smaller communities like Sandpoint and McCall, word can spread quickly, and you may find yourself the subject of gossip.
How the Lento Law Firm Team Can Help
The Lento Law Firm Team is no stranger to physical therapist licensing issues. No matter where you are in the disciplinary process, we can help. Here are a few ways our team can assist with protecting your PT license:
- Explaining the allegations: Many PTs have minimal experience with board disciplinary processes. Our team can review the charges and advise you on what to expect at each stage.
- Deadline tracking and filings: With each request, the DOPL will set a firm deadline. We'll work to make sure petitions, briefs, and paperwork are submitted promptly, even if you've been given a short turnaround time.
- Prepping for hearings: You'll typically have one chance to officially state your case, so it's important to put time into preparing. We'll help with crafting narratives, challenging evidence, and determining the best witnesses to speak on your behalf.
- Mounting appeals: When the board doesn't decide in your favor, we'll help with filing appeals and preparing for your meeting with the OAH.
- Negotiating: In some cases, a good negotiator can help advocate for lesser sanctions. Our team is well-versed in negotiating on behalf of clients.
Get in Touch With Us
A DOPL investigation can be stressful, but as an Idaho physical therapist, you have rights. If you're facing a disciplinary investigation in Idaho, you don't have to navigate the process alone. Give the Lento Law Firm Team a call at 888-535-3686 or contact us using our confidential contact form.
