Becoming a licensed physical therapist in New Jersey was a result of years of hard work and dedication. Most practitioners have spent valuable time and resources studying to be physical therapists and becoming licensed by the New Jersey State Board of Physical Therapy Examiners (Board). The requirements for becoming a physical therapist are stringent, including education requirements and other requirements. In addition, many physical therapists spend years developing and growing their practice. However, if you are found to have violated professional standards or engaged in misconduct, the Board is granted the authority to take disciplinary action against you, which could potentially lead to a loss of your license and the income and prestige that go along with it.
The Lento Law Firm and its Professional License Defense Team have many years of experience defending physical therapists. We are available to help throughout New Jersey, including in and around:
- Atlantic City;
- Camden;
- Cherry Hill;
- Mahwah;
- Middletown;
- Morristown;
- Newark;
- New Brunswick
- Paterson; and
- Trenton.
Call 888-535-3686 or fill out our confidential contact form to speak to a member of our staff regarding your case. Our team of knowledgeable professionals stands ready to help you defend yourself against even the most serious allegations.
The Authority of the Board of Physical Therapy Examiners
The Board of Physical Therapy Examiners licenses and regulates physical therapists and physical therapist assistants in the State of New Jersey.
The purpose of the Board is to:
- Protect the health, safety, and welfare of the people of New Jersey;
- Investigate and prosecute physical therapists and physical therapist assistants who have broken the state's consumer protection laws; and
- Ensure that physical therapy is performed in compliance with State law.
The Board consists of eleven members, two of whom are members of the public and one of whom is a member of the New Jersey executive department. In addition, seven members are licensed healthcare professionals in New Jersey, and one is a physician licensed to practice medicine.
The Board sets licensing and continuing education standards for physical therapists and physical therapist assistants. Under New Jersey law, if found guilty of misconduct, the Board has broad authority to suspend or even revoke the license of a physical therapist or physical therapist assistant. You have worked many years obtaining your license and developing your practice. You may have family and friends who depend on you for financial support. A finding of misconduct can be devastating to your career. Even if your license is not suspended, any type of discipline can lead to job termination, loss of income, and loss of professional standing. In addition, if you are found to have been practicing physical therapy while your license has been suspended or revoked, you can be criminally prosecuted. Let the Lento Law Firm's Professional License Defense Team assist you so that you can preserve your license and continue your valuable practice.
Discipline Under the New Jersey Physical Therapist Licensing Act
The New Jersey Physical Therapist Licensing Act of 1983 and the New Jersey Uniform Enforcement Act (the Enforcement Act) together set the standards of practice for physical therapists and physical therapist assistants and outline the legal procedure if a complaint against a licensee is made. If a physical therapist or physical therapist assistant has been found to have engaged in misconduct or otherwise violated the Act, he or she could have their license suspended or revoked. Fines of up to $20,000 per incident could also be imposed in certain circumstances.
The Act specifies the standards that physical therapists and physical therapist assistants must adhere to and provides the procedure for determining whether a physical therapist or physical therapist assistant has committed misconduct.
Section 1-21 of the Enforcement Act lists the various circumstances under which the Board may bring proceedings to discipline a physical therapist or physical therapist assistant. The grounds for misconduct are numerous and include where a physical therapist or physical therapist assistant:
- Has obtained his or her license through fraud, deception, or misrepresentation;
- Has engaged in dishonesty, fraud, deception, misrepresentation, false promise, or false pretense;
- Has engaged in gross negligence, gross malpractice, or gross incompetence which damaged or endangered the life, health, welfare, safety, or property of any person;
- Has engaged in repeated acts of negligence, malpractice, or incompetence;
- Has engaged in professional or occupational misconduct as may be determined by the Board;
- Has been convicted of, or engaged in acts which constitute, any crime or offense that has a direct or substantial relationship to the actions performed by physical therapists or physical therapist assistants;
- Has had his or her authority to act as a physical therapist or physical therapist assistant revoked or suspended by any other state, agency, or authority;
- Has violated or failed to comply with the provisions of any act or regulation administered by the Board;
- Is incapable, for medical or any other reason, of discharging the functions of a physical therapist or physical therapist assistant in a manner consistent with the public's health, safety, and welfare;
- Has repeatedly failed to submit completed applications required by the Board to be filed;
- Has been found to have engaged in insurance fraud in New Jersey or any other state or jurisdiction;
- Is presently engaged in drug or alcohol use that is likely to impair the ability to practice as a licensed physical therapist or physical therapist assistant;
- Has permitted an unlicensed person or entity to perform the actions of a licensed physical therapist or physical therapist assistant; or
- Advertised fraudulently in any manner.
The Board has also published additional regulations regarding the practice as a physical therapist or physical therapist assistant, which, if violated, could lead to discipline, including:
- Accepting, or agreeing to accept, from any person, firm, or corporation any fee, commission, rebate, or gift for services or therapy;
- Charging any patient a fee for making a referral to a physician or other health care professional;
- Acting outside the scope of physical therapy practice;
- Representing services as therapeutic when no therapeutic outcome is expected;
- Rendering an intervention when such intervention is unnecessary;
- Falsifying or altering any patient records;
- Authorizing the submission of any bill for professional services that were not rendered;
- Submitting an inaccurate or unsubstantiated bill;
- Failure to produce a hard copy of a complete patient record upon request; or
- Failure to refer a patient to another licensed health care professional when required.
Potential Penalties for Misconduct
Due to the broad powers of the Board and the Attorney General, the consequences that could result from a guilty finding include:
- A public or private warning, censure, or probation;
- A private or public reprimand;
- The imposition of fines;
- A suspension of the physical therapist's or physical therapist assistant's license;
- Require that the physical therapist or physical therapist assistant attend continuing medical education classes;
- A restriction of the physical therapist's or physical therapist assistant's license; or
- A revocation of the physical therapist's or physical therapist assistant's license.
Any person who is found guilty by the Board may be fined an amount not more than $10,000 for the first violation and up to $20,000 for the second and each subsequent violation. Each act of misconduct may be construed as a separate violation, so the potential amount of the total fine can be very large. The circumstances where additional fines can be imposed include:
- An administrative or court order has been entered in a prior, separate, and independent proceeding;
- The physical therapist or physical therapist assistant is found within a single proceeding to have committed more than one violation;
- The physical therapist or physical therapist assistant is found within a single proceeding to have committed separate violations of any provision of more than one act or regulation.
The amount of fines that can be imposed in New Jersey is severe, especially compared to other states. Even if you retain your license, a large fine can be devastating to your financial condition.
Procedural Rules Governing Allegations of Misconduct
The Board, as well as the State of New Jersey Attorney General's Office, has very broad powers under the Uniform Enforcement Act to discipline licensees.
Whenever the Board or the Attorney General finds that misconduct has occurred, they each have the power to:
- Require any person to make a statement or oath as to the factual basis for the complaint;
- Examine any other person under oath regarding the complaint;
- Inspect any premises used by a physical therapist or physical therapist assistant;
- Examine any goods or items used in the practice of a physical therapist or physical therapist;
- Examine any books or records used in the practice of a physical therapist or physical therapist assistant; or
- Impound any record, book, document, account, or item used by the licensed physical therapist or physical therapist assistant in the regular course of practicing physical therapy.
Whenever a Board or the Attorney General investigates a complaint, they are required to make a decision regarding the complaint within 120 days of the filing of the complaint; except that the 120 days can be extended if the Board or Attorney General needs more time to investigate.
Why You Should Hire a Lawyer
In New Jersey, there are no clear, well-defined procedures in place to protect you if you are suspected of violating a rule. In other states, there are various procedural safeguards that ensure you receive the required due process. In New Jersey, the process is not spelled out. Therefore, it is of utmost importance to retain the Lento Law Firm team as soon as possible after you have been notified of a complaint or investigation. Although you have the right to defend yourself in any hearing before the Board or the Attorney General, you do so at your own risk.
The lack of due process in New Jersey makes hiring an attorney even more important than in most states. The consequences for being found guilty can be severe. Unlike many states, the fines for multiple violations can reach the tens of thousands or even hundreds of thousands of dollars. Your license could be suspended for an extended period of time, or even revoked.
Unlike criminal matters, you are not innocent until proven guilty in any proceeding before the Board or the Attorney General. Although the Board has the burden of proof, a “preponderance of the evidence” standard is used. That means that if the Board finds that it is more likely than not that you committed an infraction, they will find you guilty. This standard is especially crucial in these types of proceedings where the finding of guilt or innocence is often determined based on the word of one person against another person. This can often lead to unjust outcomes and erroneous findings. Engaging an experienced attorney to stand by your side will enhance your chances of avoiding discipline.
How We Can Help
The Professional License Defense Team at the Lento Law Firm has dealt with allegations of professional misconduct against physical therapists and physical therapist assistants both in New Jersey and throughout the United States. We understand the devastating professional and reputational consequences that can result from a proceeding being brought against you. Our Professional License Defense Team is ready to assist you in maintaining your license in good standing and fighting the complaint against you.
We stand ready to thoroughly review the allegations against you, including reaching out to the Board or Attorney General as necessary. We will conduct an investigation to ensure that all relevant facts are brought before the Board or Attorney General. While in every case our goal is to negotiate a settlement or agreement that is favorable to you, if that is not possible, we will represent you before any hearing and, if necessary, file a lawsuit in the Superior Court of the State of New Jersey to protect your due process rights. We stand ready to fully defend you before the Board or Attorney General in any proceeding.
Your license is too valuable to take any complaint against you lightly. You need an experienced team of legal professionals at your side. Our Professional License Defense Team has the experience you need. Call the Lento Law Firm today at 888-535-3686 or fill out our confidential contact form.
