Licensed physical therapists in Illinois play a crucial role in the healthcare industry as primary providers of non-invasive solutions for patients coping with pain, restoring mobility, or recovering from physical impairments. Whether working in a bustling Chicago hospital, a Peoria community clinic, or a Rockford private practice, they deliver essential care that restores functionality in patients throughout the state and encourages long-term recovery.
Despite the focus individuals have on providing care to patients, licensed physical therapists must adhere to a high bar of standards from state agencies. Anyone—patients, colleagues, or employers—can file a formal complaint after even the most minor infractions. Therefore, failing to record patient changes or slightly misrepresenting services can lead to sanctions, such as:
- Practice limitations that can harm a professional reputation
- Fines that can cause financial stress on individuals and facilities
- License suspension or revocation that ends a rewarding career
Illinois physical therapists deserve the full weight of a team of attorneys behind their efforts to retain the authority to practice. When allegations arise, the Lento Law Firm will provide you with a pathway toward defense. Whether navigating the complaint process, disciplinary hearings, or pursuing appeals, our Professional License Defense Team will provide the assistance licensees need to protect their livelihood. Preserve a reputation and career by calling us at 888-535-3686 now or filling out our confidential consultation form.
Illinois Physical Therapy Licensing and Disciplinary Board
The Illinois Department of Financial and Professional Regulation (IDFPR) authorizes the seven-member Illinois Physical Therapy Licensing and Disciplinary Board to establish and enforce provisions of the state's Physical Therapy Practice Act. The legislation ensures ethical, legal, and competent care standards for the public. Subsequently, the Board has strict guidelines in qualifying candidates who seek to become licensed physical therapists and licensed physical therapy assistants.
One of the most significant tenets of the Board's licensing is the differentiation in the scope of practice for physical therapists and assistants. Licensed physical therapists are responsible for conducting patient evaluations, interpreting referrals from physicians, and making decisions to create and support patient care plans. They establish treatment goals, select evidence-based interventions, and decide when and how often to reevaluate patients.
On the other hand, physical therapist assistants implement treatment components that have been delegated by the supervising therapist. Assistants observe patient progress and can notify superiors when a change or reevaluation may be necessary but do not independently modify the overall treatment plan. They are strictly forbidden—even under supervision—to interpret referrals, perform evaluation procedures, and plan or make major modifications to patient programs.
Direct access to physical therapy services is permitted in Illinois, allowing patients to seek physical therapy without a physician referral. However, therapists must refer patients to appropriate healthcare practitioners if the condition is outside their expertise or does not respond to treatment within a reasonable time frame.
The Illinois Physical Therapy Practice Act does not require licensees to carry professional liability insurance. However, most facilities require physical therapists to maintain a policy.
Physical Therapy Services
Physical therapists may provide services to a patient with or without a referral from a physician. If so, they must notify the patient's treating practitioner within five business days of their first visit. Therapists treating those with chronic diseases must communicate at least monthly. However, the provisions do not apply to physical therapy services related to fitness or wellness unless the patient has an ailment or injury.
Therapists must refer a patient to their treating practitioner if:
- The patient does not demonstrate measurable or functional improvement after 10 visits or 15 business days
- The patient was under the care of a physical therapist without a chronic diagnosis who benefits from services after 30 calendar days of being discharged
- The patient's condition, at the time of evaluation or services, is determined to be beyond the scope of practice of the physical therapist
Furthermore, licensed physical therapists may only provide wound debridement services upon written authorization from a healthcare professional. They must also "promptly" consult and collaborate with the appropriate health care professional anytime a patient's condition indicates that it may be related to temporomandibular disorder to expedite a diagnosis and appropriate treatment plan.
Advertising Guidelines for Physical Therapists
Most licensed professionals must follow guidelines set by government or regulatory agencies when advertising their services. Physical therapists are no different.
Advertising refers to any solicitation for clients through a myriad of mediums. This means handbills, posters, circulars, motion pictures, radio, newspapers, television, or in any other manner—including social media platforms. Critically, individuals must include their title as it appears on their license (or authorized initials) in every advertisement for services.
The following are considered unlawful under the Illinois Physical Therapy Act regarding advertising services:
- Claims of superior care quality
- Fee comparisons of available services with those of others
- Accept a third-party payor's amount as full payment, implying the patient owes no deductible or copay
Individuals are prohibited from advertising professional services that they are not licensed to render. Advertisements may not contain false, fraudulent, deceptive, or misleading material, such as guaranteed benefits, produce unfair competition, or play upon public vanity or fears.
Professional Standards for Physical Therapists
While the Board sets standards for the qualifications and scope of practice for physical therapists, the IDFPR regulates the conduct using the Physical Therapy Practice Act in conjunction with its own regulations for the state's licensed professionals. The IDFPR and the Board have rules covering everything from delegation and recordkeeping to patient confidentiality and marketing services.
Failure to abide by these standards can lead to disciplinary measures, including fines, probation, or even license revocation. Conduct subject to adverse action includes the following:
- Furnishing material misstatements or making misleading, deceptive, untrue, or fraudulent representations in the profession
- Patterns of behavior that demonstrate incompetence or the incapacity to work
- Dishonorable, unethical, or unprofessional conduct likely to deceive, defraud, or harm the public
- Failing to maintain a record for each patient that accurately reflects the evaluation and treatment
- Unlawful distribution or habitual or excessive use of alcohol, narcotics, stimulants, or any other chemical agent
- Abandonment of patients under care
- Failure to maintain continued contact, including periodic personal supervision and instruction with assistants and aides
Critically, physical therapists may also be disciplined for being sick while caring for patients—those who knowingly have an infectious, communicable, or contagious disease. Moreover, "deterioration through the aging process" that causes the inability to practice with reasonable judgment will also lead to scrutiny from governing agencies.
As medical professionals, physical therapists, including assistants, are beholden to reporting obligations. Therefore, failing to inform authorities of suspected child abuse or neglect or elder abuse or neglect is subject to sanctions by the IDFPR.
Additionally, licensees can be doubly punished when criminal charges arise. Felony or misdemeanor convictions with an "essential element" of dishonesty can lead to adverse action on a license to practice, as well as crimes directly related to the profession.
Even Minor Violations Can Lead to Career-Ending Sanctions
Regardless of the "seriousness" of an allegation, each is to be treated with the same urgency. Any violation is a threat to a physical therapist's career. The loss of a license can begin with something as seemingly minor as a missed signature or assessment detail on a patient's official documents.
For example, in a busy clinic in Chicago, a licensed physical therapist with years of experience and a reputation for flawless patient records might begin to struggle with an increased clientele. After a while, they may hurry their patient notes and inadvertently omit essential details, such as an inaccurate pain level, precise treatment methods, and recommended homebound exercises.
An assistant may notice the discrepancies over time between chart notes and actual activities and may confront their supervising therapist. Attempting to modify patient charts and retroactively add details can serve as evidence of defrauding the patient. However, the situation itself can escalate into a formal complaint, as the validity of patient progress and insurance reimbursement comes into question, leading to the disciplinary process.
Disciplinary Process for Licensed Physical Therapists
When the Illinois Physical Therapy Licensing and Disciplinary Board receives a complaint—whether from a patient, employer, colleague, or member of the public—it opens an initial investigation to determine whether action is warranted. First, the complaint is evaluated to ensure it falls within the Board's jurisdiction, such as violations codified under the Illinois Physical Therapy Practice Act. If the complaint is viable, the matter is forwarded to investigators working under the IDFPR.
These investigators gather evidence such as patient records, witness statements, and billing documents. Each situation is different; they may conduct on-site visits or interview licensees. Findings are analyzed by legal counsel within the IDFPR, which determines whether the investigation suggests misconduct. If so, the Board may consider disciplinary action and present it to the licensee. In some instances, a consent agreement is offered to institute sanctions under an agreement, and the individual takes responsibility—but it is tantamount to admitting fault prematurely.
In cases where sanctions may lead to a suspension or revocation, the IDFPR notifies the licensee (respondent) in writing at least 30 days prior to a hearing before the Board. Individuals must reply within 20 days or risk further disciplinary action.
Although not much detail is given for the procedures and their order for board hearing, they include the following provisions:
- Both parties (the respondent and the IDFPR) are given a chance to present statements
- Testimony can be given by both parties, including subpoenaed witnesses
- Any evidence pertinent to the case can be analyzed by the Board
The Board will deliberate, render a decision, and send the respondent a notice about sanctions for the charges. Within 20 days, the respondent may present the IDFPR with a motion for a rehearing. The director appoints a hearing officer to conduct proceedings.
The hearing officer reports findings and recommendations to the Board and the IDFPR director. The Board has 60 days to review the report and affirm, modify, or reverse their decision. If the director determines that the Board's report contradicts the evidence, they may issue an order in contravention of the Board's determination.
Nevertheless, all license discipline in Illinois is subject to judicial review. Respondents must petition the county's circuit court; however, if the party is not a state resident, the review is completed through Sangamon County.
Sanctions for Illinois Physical Therapists
The Board and the IDFPR may sign off on several punishments against licensees with substantiated misconduct. Depending on the severity and specifics of the misconduct, they may opt for one or more of the following:
- Reprimand: A formal admonishment that is part of the licensee's permanent record
- Fines: Monetary penalties, which vary based on the nature of the offense and other factors but do not exceed $5,000
- Probation: Continued practice under strict conditions, such as supervision or additional training
- Suspension: A temporary ban on practicing, lifted only after meeting certain conditions
- Revocation: Permanent loss of the license and prohibition from practicing as a physical therapist in Illinois
In addition, the Board can order licensees to complete a variety of rehabilitative or remedial measures, such as ethics courses, substance abuse counseling, anger management, or continuing education to address specific shortcomings. Even minor discipline remains on a practitioner's record and can affect professional mobility if the licensee seeks to practice in other states.
Protect Your Illinois Physical Therapist License
At the Lento Law Firm, we provide Illinois physical therapists with the strong legal support they need to continue working in their fields. Some may hesitate to engage an attorney for fear of appearing overly confrontational to the Board or the IDFPR, but our Professional License Defense Team has a deep understanding of the regulatory framework governing licensees.
It's impossible to predict every consequence of a licensing complaint or whether your ability to practice might be completely withdrawn. Without a well-prepared defense, your professional credentials remain at risk. Our firm knows the priorities of the Board when addressing alleged violations, and we understand how to advocate effectively on your behalf from the initial investigation through judicial review.
From Chicago to Springfield and Peoria to Rockford and beyond, our team has successfully guided countless licensed individuals across Illinois through the disciplinary process. With our help, you can respond to allegations, address formal charges, and continue pursuing the career you have worked so diligently to build. Call the Lento Law Firm at 888-535-3686 today or fill out our confidential consultation form, and we will contact you.
