Earning your physical therapist license is no small task. You must first complete an accredited training program that lasts at least 3 years and then pass a national exam and apply for your license within the state where you plan to practice. You have to learn countless details of human anatomy, the myriad ways muscles function, and a slew of techniques to help remedy a vast array of ailments. Once you have your license, you have to apply yourself to helping your patients—alleviating their pain, helping them gain mobility and strength, and teaching them exercises to help heal their bodies.
Becoming a physical therapist and practicing in your profession clearly requires immense hard work, patience, and commitment. You have to be remain dedicated, and your license is surely incredibly valuable to you. But sometimes you can find yourself at risk of losing your license and the professional reputation you've worked so hard to build. If you have a patient file a complaint against you for misconduct or inappropriate behavior, you're suddenly facing an intimidating disciplinary process and a host of potential penalties that threaten your licensure.
There are more than 7,000 physical therapists licensed across the state of Maryland. The largest concentration of these physical therapists naturally falls in the state's most populated areas, including Baltimore, as well as, the suburban areas outside of Washington, D.C. Areas with more physical therapists, of course, have more patients, which ultimately increases the number of patients filing complaints. Whether you're working in a major city or one of Maryland's smaller towns, if a patient files a complaint against you for misconduct, you need to understand how serious it can be for your career. You have to do all you can to protect your license and your reputation.
If you're a physical therapist licensed in Maryland and you're facing one or more complaints against you, the Professional License Defense Team at the Lento Law Firm can help safeguard your license. We have years of experience protecting the rights of physical therapists in Maryland and nationwide during disciplinary processes and providing the best defense possible. Contact us at 888-535-3686 or complete our confidential contact form to learn more.
Who Regulates Physical Therapy in Maryland?
Several nationwide organizations play a role in setting the standards for physical therapists, but actual licensure falls to individual state regulatory bodies. Nationally, the Commission on Accreditation in Physical Therapy Education is responsible for accrediting physical therapy educational programs, and the Federation of State Boards of Physical Therapy administers the National Physical Therapy Examination that all physical therapists must pass to earn their license.
Additionally, the American Physical Therapy Association (APTA) publishes a Code of Ethics and Guide for Professional Conduct, which sets the guidelines for professional conduct that physical therapists in Maryland and across the country must follow. APTA is a non-profit membership organization representing physical therapists nationwide. It is not a regulatory body, but physical therapists who violate its Code of Conduct are subject to disciplinary action.
Within Maryland, the Maryland Board of Physical Therapy Examiners oversees physical therapist licensure. This board is also responsible for establishing standards of practice, investigating any formal complaints against physical therapists in the state, and taking disciplinary action when necessary. In Maryland, the Maryland Physical Therapy Act outlines the statutes and regulations that govern physical therapy practice in the state, and the Maryland Board of Physical Therapy Examiners oversees compliance with this act.
What are Valid Grounds for a Complaint Against You in Maryland?
As a licensed physical therapist, you've committed yourself to caring for your patients with the utmost professionalism and to always acting within the boundaries of the law. When a patient files a complaint against you, they're accusing you of some degree of negligent inappropriate behavior, or incompetence. Maybe you've made a mistake. Or maybe the patient is misrepresenting or exaggerating what really happened. So, what exactly constitutes misconduct that can lead to disciplinary action in Maryland? Here are some examples of behaviors you should avoid:
- Practicing without a valid license. This includes practicing with an expired, suspended, or revoked license.
- Falsifying patient records or documentation. Working as a physical therapist involves a lot of paperwork, and you must be sure to accurately keep track of all the treatment you're providing.
- Performing treatments beyond the scope of practice. Your license authorizes you to perform specific activities with your patients, and you must be sure to avoid any exercises or physical activities that don't fall within your purview as a therapist.
- Providing substandard care. If you make repeated errors in the care you're providing or otherwise demonstrate insufficient skill or knowledge, a patient can accuse you of negligence.
- Failing to complete continuing education requirements. Maryland requires physical therapists to complete 30 hours of continuing education during each renewal period.
- Engaging in sexual misconduct. Inappropriate verbal or physical sexual behavior with patients or co-workers can get you into big trouble. Even consensual sexual relationships are forbidden. Any violations of professional boundaries or ethical standards are grounds for disciplinary action.
- Practicing while impaired. You can't practice while you're under the influence of drugs or alcohol or experiencing other types of physical or mental impairments.
- Discriminating against patients. You can't discriminate against patients on the basis of race, religion, color, age, national origin, marital status, sexual orientation, gender identity, or disability.
If the board finds you guilty of one or more of these violations, penalties can include any one or combination of the following:
- Reprimand
- Probation
- License suspension
- License revocation
- A fine of up to $5,000
If the board suspends your license, there's a high probability that you'll have to go through a probation period once the board reinstates your license. The board will also often mandate that you complete some sort of continuing education requirements related to the type of violation you committed.
What Happens When Someone Files a Complaint Against You?
The Maryland Board of Physical Therapy Examiners allows anyone with a concern about a licensed physical therapist in the state to file a complaint. The board then has the responsibility to investigate any allegations that a therapist has violated the Maryland Physical Therapy Act.
The board also encourages physical therapists to self-report any potential violations. The board has a self-reporting form for therapists to notify the board of anything they did that they think may violate the Maryland Physical Therapy Act. The board may then follow up with the therapist for additional information or clarification.
As the physical therapist facing a complaint, you have the right to legal representation throughout the disciplinary process. To prosecute the complaint against you, the board may request that the Attorney General present the case on behalf of the state.
After receiving a complaint, the board will conduct an investigation and gather evidence, which can include documentation, interviews, and witness testimony. The board then has the option to dismiss the complaint, close the case with an informal action, ask for further investigation, refer the case to an administrative prosecutor, or make its decision based on the available evidence.
If the board decides a hearing is necessary, the therapist will receive an official notification of the time and place of the hearing. The therapist—or their legal representative—has the right to submit documents or other evidence, call witnesses, and request subpoenas for evidence and witnesses.
Following the notification of a hearing, the board may hold a pre-hearing conference or case-resolution conference. A pre-hearing conference allows both sides to present their information, exchange documents, and discuss witnesses. In a case-resolution conference, the parties can negotiate a settlement, but the board isn't obligated to accept the agreement, and either party can decide to move forward with a hearing instead.
If the matter moves to a hearing, both sides can submit evidence, examine and cross-examine witnesses, and file objections. Once the board makes it decision, if either party is dissatisfied with the decision, they can request a judicial review or apply for a rehearing.
The entire disciplinary process can be very lengthy and involve in-depth legal proceedings. If you're facing a complaint and need to go through this process, make sure you have experienced legal representatives on your side. The Professional License Defense Team at the Lento Law Firm understands how to navigate the investigation and hearing process, knows how to protect your rights, and can help you achieve the best possible outcome.
The Reality of Disciplinary Actions
It may be hard to imagine how a complaint against you turns into disciplinary action and penalties against your licensure. To give you an idea of what violations and subsequent penalties look like, here are some examples of real disciplinary actions the Maryland Board of Physical Therapy Examiners has taken against physical therapists licensed in the state:
- The board fined a physical therapist $2,500 for practicing with an expired license.
- The board determined that a physical therapist committed fraud by documenting visits and evaluations for 17 patients that never actually occurred. The board placed the therapist on an indefinite probation of at least 1 year and required him to complete continuing education on ethics and documentation.
- The board found a physical therapist guilty of sexual misconduct with both a patient and co-workers, including saying inappropriate sexual comments, touching the patient in a sexual manner, and making sexual advances. The board suspended the therapist's license for 30 days and required that he notify his employer of the disciplinary action and submit to an evaluation from a board-approved mental health provider. A probation of at least 2 years followed his suspension.
- The board issued an official reprimand, imposed a probation of at least 2 years, and assessed a $5,000 fine for a physical therapist who engaged in inappropriate treatment, scheduling, documentation, and billing practices.
- After concluding that a physical therapist solicited and participated in sexual activity with multiple patients, the board issued a summary suspension of the therapist's license, indicating that he threatened public health, safety, or welfare.
- The board found that a physical therapist was falsifying billing records, directing a physical therapy assistant to conduct therapy outside of the facility without supervision, and failing to reevaluate patients for extended periods. The board fined the therapist $1,500, placed her on probation for at least 1 year, and required her to complete a billing and documentation course.
What Should You Do if You're Facing a Complaint?
As a physical therapist, your expertise lies in helping people heal their bodies from injury or disability, not in navigating a complex legal process. If you're facing a formal complaint from the Maryland Board of Physical Therapy Examiners, your first step should be to secure a strong legal team to be at your side throughout the stressful, often long disciplinary process. The state will have investigators and prosecutors whose job is to pursue legal action against medical professionals. You need to have experts on your side who know how to protect and defend you.
The Professional License Defense Team at the Lento Law Firm has years of experience defending physical therapists against complaints that jeopardize their right to continue practicing. We will help you:
- Assess the allegations against you and determine the laws they violate.
- Collect evidence to support your case and evaluate the evidence the complainant is presenting.
- Protect your rights throughout the investigation and hearing processes.
- Communicate with the Maryland Board of Physical Therapy Examiners and its legal team on your behalf.
- Negotiate with the board for dismissal of charges and leniency in penalties.
- Represent you at any pre-hearing or case-resolution conferences.
- Represent you at hearings and ensure you have the best defense.
- Make it through the legal process and come out of it with the best possible outcome.
You've put in countless hours earning your physical therapist license, building your practice, and developing your professional reputation. It's possible you've made some mistakes and want to remedy them as painlessly as possible. It's also possible your patients are making false or exaggerated complaints against you. In either case, you need to do all you can to minimize the impact on your career. The Lento Law Firm's Professional License Defense Team understands the rules, regulations, and legal processes specific to Maryland. We can guide you through the complaint process, protect your rights, and help you ensure your career and livelihood remain intact moving forward. Call us at 888-535-3686 or complete our confidential online form to get started.
