Ohio's physical therapists are essential to numerous people, from collegiate athletes to post-op patients to working adults, to help them improve mobility. Whether working in a busy Cleveland medical center, a Columbus athletic clinic, or a private practice in Akron, therapists deliver critical care to encourage recovery and maintain long-term healthcare goals.
Aside from medical and wellness directives, licensees must follow enforced regulations dictating the scope of practice, proper delegation of tasks, documentation standards, and safety protocols. Any deviation can draw severe scrutiny from state agencies that wield considerable authority to investigate allegations of misconduct and levy disciplinary action against licensees. A single complaint—be it from a patient, employer, colleague, or insurance provider—can trigger a cascade of inquiries and lead to consequences that may derail a physical therapist's career, such as:
- Damage to professional reputation
- Loss of employment opportunities
- Inability to serve patients effectively during suspensions
- Long-term impact on licensure status, including potential revocation
Licensed physical therapists who find themselves under investigation often feel overwhelmed by strict procedural requirements, looming sanctions, and the potential for public accusations. However, the Lento Law Firm will stand by your side to quell concerns. Our Professional License Defense Team ensures that a fair defense is mounted and that all relevant facts are put forth effectively. Preserve a reputation and career by calling us at 888-535-3686 now or filling out our confidential consultation form.
Ohio's Occupational Therapy, Physical Therapy, and Athletic Trainers Board
Ohio's 16-member Occupational Therapy, Physical Therapy, and Athletic Trainers (OTPTAT) Board has the authority to act on all matters concerning physical therapy in the state. It's composed of a physical therapy section, an occupational therapy section, and an athletic trainers section, each verifying examinations, issuing licenses, and enforcing rules and standards among its sections.
OTPTAT licenses the following individuals:
- Athletic Trainers: Individuals tasked with examining, evaluating, assessing, or interpreting symptoms, typically collaborating with a physician focused on sports injuries and conditions.
- Occupational Therapists and Assistants: Those who engage in the therapeutic use of everyday life activities with individuals or groups.
- Physical Therapists and Therapist Assistants: Licensees that use therapeutic exercises and rehabilitative procedures to prevent, correct, or alleviate physical impairments and functional limitations.
Although each type of licensee is granted the ability to practice by the Board, each section's rules and guidelines are slightly different. Therapists are guided through the Ohio Physical Therapy Practice Act.
Physical Therapist Code of Ethical Conduct
Physical therapists are beholden to preserving and promoting ethical integrity and professionalism. OTPTAT asserts that since "the patient-therapist relationship may extend beyond the established plan of care," obligations can encompass life outside professional duties.
Among provisions for ethical integrity and conduct include:
- Exercising sound judgment, placing the best interests of the patient over the interests of the licensee
- Only seeking reasonable compensation for the physical therapy services delivered
- Refraining from influencing a patient or their family to utilize, purchase, or rent any equipment based on the direct or indirect financial interests
- Protecting the public from underutilization or overutilization of physical therapy services
Failure to abide by ethical standards can warrant patient complaints or charges from OTPTAT. But the Board has further guidelines on prohibited conduct, such as:
- Delegating physical therapy functions or responsibilities to those lacking the ability or knowledge
- Practicing in a pattern of negligent conduct
- Abandoning patients by inappropriately terminating the patient-practitioner relationship
- Documenting or billing for services not actually provided
- Engaging in sexual harassment—including conversations of a sexual nature—with patients, students, or colleagues
- Altering, falsifying, or destroying patient-client records without authorization or keeping inaccurate records
- Practicing while impaired by alcohol, controlled substances, narcotics, or physical, mental, or emotional disability.
Nevertheless, licensees have further responsibilities, such as reporting requirements, and must notify the Board within 30 days of the following:
- Impairments because of alcohol or drug dependency
- Felony convictions
- Misdemeanor convictions when the act occurred during the practice of physical therapy
- Discipline from a state or national professional credentialing organization, including physical therapy licensing agencies and those through reciprocity
- Positive drug or alcohol screenings
- Findings of malpractice in a court
Lastly, those licensed by OTPTAT's physical therapy section have a responsibility to report any organization or entity that provides or holds itself out to deliver physical therapy services that place the license holder in a position of compromise with the ethical code. They must also notify the Board regarding any unprofessional, incompetent, or illegal behavior of other licensees.
Delegation and Supervision
The licensed physical therapist is ultimately accountable for patient outcomes, but they may delegate tasks. Assistants may only engage in acts that are safe, appropriate, and within their own competence.
Physical therapists must perform—and not delegate—duties like initial examinations, evaluating patients, and establishing or modifying care plans. Licensees may delegate interventions to assistants, but only those that are within their training and licensure scope and which they have demonstrated prior capability. Under any delegated task, the physical therapist must provide supervision.
For delegation to unlicensed personnel, such as aides, the goal is to limit involvement to assisting only, not providing care. For example, the unlicensed aide may assist a physical therapist or physical therapist assistant in transferring a patient who requires the support of two people for a safe transfer or support a patient while the therapist steps back to assess the patient's posture or gait.
The Ohio Physical Therapy Practice Act does not expound upon a supervision ratio for physical therapist assistants. Yet, supervising physical therapists must ensure appropriate patient management based on the unique needs of the clients. At any point, a physical therapist must not provide or supervise care for a higher number of patients than that for which skilled care by licensed practitioners can be delivered.
Maximal Productivity Standards
While any given employer or facility may establish work expectations, including productivity standards, the physical therapist must ensure that the highest-priority patient needs are met. If productivity expectations are excessive or outside the licensee's ability, "it is the responsibility of the physical therapist to challenge those expectations."
Critically, the Board's ethical code states that individuals must report any organization or entity that places licensees in a compromising position. Furthermore, licensees are required to always "maintain the ability to make independent judgments" regardless of the setting.
OTPTAT Professional Standards
Not only do licensed physical therapists have to adhere to the code of ethics, but also the Board's guidelines for licensees in all sections. Therefore, the following are also prohibited among those in practice:
- Habitual indulgence in controlled substances, habit-forming drugs, or alcohol
- Convictions of crimes involving moral turpitude
- Court findings of incompetency
- Willful betrayal of professional confidence
- Making false, fraudulent, deceptive, or misleading advertising statements
- Departure from minimal standards of care
- Termination or suspension from participation in Medicare or Medicaid
Licensees, regardless of the Board's sections, are subject to periodic compliance checks to ensure that licensees stay updated on continuing education and other regulations tied to best practices. Moreover, auditors can seek patient records, therapist notes, and billing documents to validate accuracy.
Disciplinary Process for Licensed Physical Therapists
When OTPTAT receives a complaint—whether from a patient, employer, colleague, or member of the public—it opens an 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 Ohio Physical Therapy Practice Act.
In certain circumstances, the Board has the authority to issue a summary suspension for 90 days following complaints with probable cause of harm to the public. A Court of Common Pleas may not grant a suspension of the Board's summary suspension pending the determination of a filed appeal. Any order of summary suspension issued under this division shall remain in effect unless reversed on appeal until the physical therapy section of OTPTAT issues a final adjudication order.
Otherwise, Board investigators gather evidence such as patient records, witness statements, and billing documents. They may also invite the licensee (respondent) to provide statements or attend interviews, but it is not a mandatory provision to levy discipline. Depending upon the complexity of the complaint, the investigation may take six months or longer to complete.
All findings are compiled into a report for review by the Board in conjunction with counsel from the Ohio Attorney General's Office. If the evidence suggests a probable violation, the Board moves forward with negotiating discipline and other terms through a consent agreement. This is a more informal way for licensees to accept sanctions and responsibility for the allegations. However, accepting a consent agreement is inadvisable as due process is only fulfilled through a formal hearing.
When there is no consent agreement, licensees will receive a "Notice of Opportunity for Hearing," which outlines the alleged violations and applicable rules and regulations. Respondents may request an administrative hearing within 30 days of receiving the notice.
Administrative Hearings
Administrative hearings work similarly to trials in a courtroom but with fewer procedural formalities. Critically, trials in criminal court work with a "beyond a reasonable doubt" standard of evidence, but for licensure hearings, the bar is lowered to a "preponderance of the evidence" standard.
Proceedings will occur before an administrative law judge (ALJ) who will adjudicate the case between the respondent and the Board, which an Assistant Attorney General will represent. Respondents may also obtain legal representation. Respondents also have the right to:
- Call and subpoena witnesses
- Present evidence
- Examine the Board's evidence
- Cross-examine witnesses
After the hearing, the ALJ will then produce a report on their decision to OTPTAT. It may accept, reject, or modify the ALJ's report and subsequent disciplinary recommendations. After a vote of not less than five members of the Board, the respondent is notified with regard to sanctions.
Sanctions for Ohio Physical Therapists
The Board can issue several punishments against licensees with substantiated violations. Specific penalties depend on the seriousness of the offense, the licensee's disciplinary history, and any aggravating or mitigating circumstances.
OTPTAT or an ALJ has the authority to impose one or more of the following:
- Reprimand: A formal notice documenting the violations, which is part of public record
- Fines: Monetary penalties, which vary based on the nature of the offense and can be used for victim restitution
- Probation: Continued practice under strict conditions or with limitations, such as prohibitions from delegation, additional training, or mandatory supervision
- Suspension: A temporary ban on practicing, with reinstatement requiring meeting specific conditions
- Revocation: Permanent loss of a license to practice as a physical therapist in Ohio
Additionally, the Board can order licensees to complete a variety of rehabilitative or remedial measures. These can include ethics courses, substance abuse counseling, anger management, or continuing education.
Even minor discipline remains on a practitioner's record and can affect professional mobility if the licensee seeks to practice in other states. For instance, Ohio is a signatory of the multi-state PT Compact, an agreement with nearly three dozen states to allow license reciprocity. Unfortunately, for individuals served with sanctions, it will affect the status of practice in most states throughout the country.
Licensees have the right to appeal the Board's decision through the Court of Common Pleas. However, the best way to retain a license and remain discipline-free is to contact the Lento Law Firm today.
Protect Your Ohio Physical Therapist License
The Lento Law Firm has helped countless healthcare professionals in Ohio defend against the Board's authority to impose discipline. Our Professional License Defense Team provides licensed physical therapists with the strong legal support they need to challenge career-ending situations.
Some licensees may believe that hiring an attorney is too extreme a measure to take when receiving news of allegations. However, you need a team with a deep understanding of the regulatory framework governing licensees and how the OTPTAT manages complaints. Without a well-prepared defense, your professional credentials remain at risk.
From Cincinnati and Toledo to Canton and Akron and elsewhere through the state, we help physical therapists, respond to the Board, argue before an ALJ, and protect the career you have worked so hard to build. Call the Lento Law Firm Professional License Defense Team at 888-535-3686 today or fill out our confidential consultation form, and we will contact you.
