As a licensed physical therapist in Indiana, you've spent at least 3 years earning your certification. Add that to your 4-year undergraduate degree, along with having to pass a national exam and complete clinical rotations, and achieving your physical therapist license becomes a many-year-long endeavor. But the work doesn't end there. Even after you have your license, you need to establish yourself as a competent therapist, gain the trust of your employer and patients, and continue mastering your practice and enhancing your expertise.
Clearly, working as a licensed physical therapist takes years of dedication and hard work. And your license to practice is certainly not something you'd want to relinquish. But sometimes even the best physical therapists find themselves in trouble for misconduct or inappropriate behavior that violates the rules and requirements of licensure. If a patient files a complaint against you for inadequate care or inappropriate behavior, your license and your career may be in jeopardy.
The state of Indiana has roughly 5,000 licensed physical therapists, with the majority of these working in major cities like Indianapolis and Fort Wayne. In these large urban areas, where more patients are seeing more physical therapists, the number of patient complaints goes up. Whether you're a physical therapist working in one of Indiana's bigger cities or in a smaller town, complaints against you can still hugely impact your career.
If you're facing a complaint against you in Indiana, the Professional License Defense Team at the Lento Law Firm can help. We have years of experience defending physical therapists in Indiana and nationwide against complaints that threaten their licensure. We'll help you navigate the disciplinary process and give you the best chances of a successful outcome. Contact us at 888-535-3686 or complete our confidential contact form to learn more.
Who Regulates Physical Therapy in Indiana?
When you're working toward a physical therapy license, you'll first need to go through an accredited education program. The Commission on Accreditation in Physical Therapy Education is the organization that accredits physical therapy training programs nationwide. Upon completion of your educational program, you'll need to pass the National Physical Therapy Examination, which the Federation of State Boards of Physical Therapy administers.
Individual states then issue licenses to physical therapists practicing in that state, with each state having its own regulatory body. In Indiana, the Indiana Physical Therapy Board is part of the Indiana Professional Licensing Agency. The Indiana Physical Therapy Board issues and renews licenses and establishes rules and regulations for physical therapists working in the state. The board also has the responsibility of disciplining licensed physical therapists who have violated the standards of their practice or acted unethically.
While not a regulatory body, the American Physical Therapy Association (APTA) also plays a role in establishing standards for physical therapists nationwide. APTA is a non-profit organization representing professional physical therapists across the United States. APTA's Code of Ethics and Guide for Professional Conduct provides the framework of professional physical therapy conduct that physical therapists in Indiana and across the country must follow. Violations of this code constitute grounds for disciplinary action.
What Actions are Valid Grounds for Discipline?
As part of your training to earn your physical therapy license, you learned about the importance of adhering to ethical standards and practicing within the boundaries of the law. But despite your best efforts to always act professionally and appropriately, sometimes mistakes can happen. And in some cases, patients may falsely accuse you of wrongdoing or exaggerate claims against you. So, what exactly constitutes valid grounds for a complaint? What types of unprofessional conduct can get you into trouble in Indiana? Here are some examples:
Practicing without a license: This includes a suspended or revoked license. You also can't practice without renewing your license every 2 years, which requires that you complete continuing competency requirements.
Practicing beyond the scope of your license: Indiana law outlines the specific activities physical therapists are allowed to conduct with their patients. Practicing beyond these boundaries or providing care that your license doesn't authorize is a violation.
Violating patient confidentiality: Sharing information about a patient and their care without their written consent is grounds for disciplinary action.
Engaging in sexual misconduct: This includes having a sexual relationship with a patient, even if the patient consents. Making physical or verbal sexual advances or intentionally viewing or touching a patient in a way unrelated to their treatment also constitutes ethical violations.
Receiving a felony conviction. Having a felony conviction, or even certain misdemeanor convictions, can be grounds for disciplinary action.
Promoting your services in a false or misleading way. You can't falsify information about your physical therapy qualifications in any promotional materials or advertising.
Providing substandard care. Patients can file complaints against you if they feel you've been negligent or harmful in the care you're giving them.
Discriminating against certain patients. This includes discriminating or acting unprofessionally on the basis of patients' race, religion, gender, ethnicity, sexual orientation, or economic status.
Billing for services you haven't provided. Fraudulent billing practices constitute a violation, including exaggerating the amount of service you provided.
Falsifying license requirements. This includes failing to disclose required information on a license or renewal application.
What Happens When a Patient Files a Complaint Against You?
The Indiana Physical Therapy Board has the responsibility of disciplining physical therapists in the state who have violated practice standards or acted dishonestly or unethically. If one of your patients feels you've acted unethically or provided substandard care, they can file a formal complaint against you. The patient will file the complaint via an online form with the Indiana Attorney General, who will then review the complaint. The complaint will include the specific allegations against you. However, the patient also has the option to file a complaint for summary suspension. This type of complaint generally includes a broader statement indicating that the physical therapist poses a clear and imminent danger to public health and safety and requests that the board prohibit the therapist from continuing to practice.
Regardless of the type of complaint, the Attorney General will gather and review the evidence. If the Attorney General decides the complaint has merit, the complaint will then go to the Indiana Physical Therapy Board. The Attorney General will essentially become the prosecutor who is taking action against the therapist and who will present the case to the board. The State of Indiana is then the petitioner, and the Attorney General's office is representing the state.
The complainant and physical therapist—generally through their legal representation—can reach a settlement agreement to resolve the case, or the case will go to an evidentiary hearing. The board can act as the judge for the public hearing or appoint an administrative law judge to hear the case. The board will then make a decision on the outcome, including determining specific disciplinary sanctions against the physical therapist in question.
What Are the Possible Penalties of Misconduct?
Based on the severity and frequency of the violations, the board can impose a variety of disciplinary actions, including a combination of several:
- Censure. Censure is an official disapproval that goes on the physical therapist's record. The censure doesn't affect the therapist's license.
- Reprimand. A reprimand is an official record of disciplinary action against the physical therapist. A reprimand goes on the public record but doesn't limit the therapist's license or ability to practice.
- Probation. Probation allows the physical therapist to continue practicing under specific terms and conditions. Probation generally lasts a minimum of 2 years.
- License suspension. Suspension sets a minimum amount of time before the physical therapist can apply for reinstatement. A therapist who returns after a suspension often stays on probation for a designated amount of time.
- License revocation. Revocation prohibits the therapist from reapplying for a license for 7 years.
- Fines. The board can assess a fine up to $1,000 for each violation of the law, except for those due to a physical therapist's physical or mental disability.
All these penalties become part of the public record, which means your potential future employers and patients can find out about your past mistakes. It's easy to see how disciplinary actions, even minor ones, can impact your reputation and career.
Examples of Disciplinary Action in Indiana
You may feel confused or flooded with information, trying to process all the regulations, ways you can violate them, and what kinds of penalties can result. To help you better understand the realities of how the Indiana Physical Therapy Board treats complaints and imposes penalties, here are a few examples of actual disciplinary actions against Indiana physical therapists:
- The board put a physical therapist on probation for at least 3 years, assessed a fine of $2,000, and mandated continuing education. The board found the therapist guilty of sexual misconduct, including repeatedly touching a patient inappropriately during treatment.
- The board indefinitely suspended a physical therapist's license after he failed to disclose prior disciplinary action and criminal conviction on his Indiana physical therapist application. Following the reinstatement of his license, he remained on probation for 2 years.
- A physical therapist practiced while she was intoxicated, with a blood alcohol level three times the legal limit. The board placed her on probation for at least 2 years and required that she complete a 10-week outpatient program and random weekly alcohol testing.
- The board imposed a 2-year probation on a physical therapist for fraudulent billing and failure to disclose a termination when he submitted his license renewal application.
The Indiana Physical Therapy Board clearly takes violations of the physical therapist code of conduct very seriously, and the consequences of wrongdoing can be quite severe and negatively affect your livelihood and right to continue practicing in the state.
What Should You Do if You Face Accusations of Wrongdoing?
When a patient files a complaint against you, it can feel scary and overwhelming. You may know you made a mistake, or you may feel the patient is making false or exaggerated accusations. Regardless of whether you feel the accusations are valid, you need to take them seriously and take immediate action. The Indiana Attorney General's office is well-versed in prosecuting medical professionals for wrongdoing, and you need to make sure you have a legal team that knows how to handle the situation and give you the best defense possible.
The Lento Law Firm's Professional License Defense Team has years of experience defending physical therapists against complaints that threaten their licensure. We can:
- Evaluate the complaint and all the allegations against you and identify the specific laws these actions violate.
- Help you identify and gather the evidence that best supports your case and determine the validity of the evidence the complainant has provided.
- Protect your rights throughout the investigation and hearing processes.
- Communicate with the Attorney General and the Indiana Physical Therapy Board on your behalf.
- Negotiate with the Attorney General for dismissal of charges and negotiate with the Indiana Physical Therapy Board for leniency in disciplinary penalties.
- Represent you at public hearings and ensure you have the best defense.
- Help you make it through the disciplinary process with minimal impact on your license and career.
Earning your Indiana physical therapist license and building your practice and reputation in the state have taken you years of learning and proving yourself. Whether you've committed a legitimate infraction or are facing unjust accusations, the impact on your career can be severe and long-lasting. You need to take any complaints against you seriously and understand the disciplinary process you're facing. The Professional License Defense Team at the Lento Law Firm knows the Indiana-specific rules and regulations affecting your license. We can help you navigate the complaint process, protect your rights, and give you the best chances of making it through with minimal damage to your career and livelihood. Call us at 888-535-3686 or complete our confidential online form to get started and keep your career on track.
