Physical therapists play an integral role in healthcare, combining specialized knowledge of anatomy with hands-on techniques to improve and restore movement. In Pennsylvania, holding a license from the State Board of Physical Therapy is more than a regulatory requirement—it's a promise to uphold strict standards of care and professional responsibility.
Critically, the State Board has the authority to launch investigations and discipline misconduct that can instantly leave physical therapists out of a job. Anyone—patients, colleagues, or employers—can file a formal complaint, meaning you need to act fast. Sometimes, governing boards fail to fully comprehend the context of a situation and levy harsh discipline, which can lead to the following:
- Practice probation that can damage one's professional reputation
- Fines that can place enormous financial stress on physical therapists
- License suspension or revocation that means the end of a career for licensees
The LLF Law Firm Team will provide you with a pathway toward defense. Whether Pennsylvania physical therapists are navigating the grievance process, disciplinary hearings, or seeking appeals, we can provide the assistance needed to protect your livelihood. Our Professional License Defense Team will lead negotiations with state authorities and ensure physical therapists preserve their reputations. Call us at 888-535-3686 now or fill out our confidential consultation form, and we will contact you.
Pennsylvania State Board of Physical Therapy
The State Board establishes and enforces standards of professional conduct to ensure compliance with state and federal requirements. It also investigates complaints against licensees and imposes disciplinary measures when necessary. Among its primary responsibilities, the State Board licenses the following two types of professionals to practice physical therapy in the Commonwealth:
- Physical Therapists
- Physical Therapist Assistants
The State Board also issues temporary licenses. Individuals may only work under the direct supervision of a licensed physical therapist with at least two years of experience. Temporary licenses must be surrendered immediately upon the failure of the first examination or six months after the date of issuance, whichever occurs first.
Critically, licensed physical therapists—not assistants—may conduct electroneuromyography and nerve conduction velocity tests and evaluations. However, they may only be undertaken upon the referral of a physician. Moreover, a licensed physical therapist may not diagnose from the results of the tests but may prepare a statement of their impression of the test to be forwarded to the referring physician.
Licensed assistants do not have insurance obligations. However, licensed physical therapists must maintain a minimum of $1 million in professional liability insurance.
Task Delegation
Medical personnel often encounter delegation responsibilities, whether assigning duties to assistants or carrying them out for more experienced individuals. Licensed physical therapists may delegate tasks to licensed assistants or supportive personnel, only the functions they can carry out based on their education and experience.
The State Board asserts they may not delegate the following:
- Interpretation of referrals
- Initial patient contact, evaluation, or reevaluation
- Determinations or modifications of care plans
- Discharges and assessments or planning thereof
- Advanced therapeutic techniques and procedures, such as mobilization
- Performing consultations
When patient care services are delegated to assistants, the physical therapist must document reevaluations and adjustments to care plans and goals every 30 calendar days. Additionally, when there is a significant change in patient status warranting an earlier evaluation.
Task delegation is about minimal or administrative services rendered to patients, but only in a capacity wherein the physical therapists retain authority over planning from beginning to end. For instance, assessments, consultations, referrals, interventions, and primary, secondary, or tertiary services must be carried out by licensed physical therapists and not assistants or supportive personnel.
Supervising Supportive Personnel
Physical therapists supervise licensed assistants to which tasks are delegated, but they may also utilize supportive personnel. These are individuals who help under supervision but are not themselves licensed.
The duties of supportive personnel typically involve tasks that do not require the expertise or clinical judgment of a fully licensed physical therapist. All activities and supervision thereof must occur on-premises, and licensees may not permit supportive personnel to perform the following:
- Patient assistance in preparation for treatment, as necessary during and after treatment
- Application of external heat or cold as an addition to a treatment program
- Assembly, disassembly, and maintenance of equipment and accessories
- Patient transportation
- Assist patients with activities unrelated to treatment
- Recording patient activity information
Professional Responsibility Standards
Along with rules guiding delegation, supervision, and the legal scope of practice, Pennsylvania's licensed physical therapists must adhere to professional responsibility standards. The State Board of Physical Therapy has rules covering everything from decision-making to documentation and confidentiality to safeguard patient welfare.
Failure to abide by these standards can lead to disciplinary measures, including fines, probation, or even license revocation. Unprofessional conduct includes the following:
- Advertising physical therapy services in a false, misleading, or deceptive manner
- Delegating tasks that are not permitted to be assigned to assistants or supportive personnel
- Accepting a patient for treatment if they cannot reasonably expect to benefit them or accrue them as a patient
- Harassing, abusing, or intimidating a patient
- Engaging in sexual impropriety or sexual violations
- Breaching the therapist-patient relationship by providing information to a third party without prior written consent
- Failing to exercise appropriate supervision to assistant and supportive personnel
- Unconditionally guaranteeing results of physical therapy treatment
- Practicing physical therapy while alcohol, drugs, or a physical or mental disability impairs the ability
- Charging patients or third-party payors for service not rendered
- Receiving a fee for referring a patient to a third-party medical service provider
Another significant portion of a licensee's professional duties is to maintain adequate patient records. Critically, records must contain minimum sufficient information, which includes:
- Patient identifiers, such as external characteristics
- Examination findings and summaries
- Evaluations before and after treatments
- Care plans with desired outcomes
- Full record of treatment from the beginning
Critically, anyone aware of a violation—licensed physical therapists, assistants, or supportive personnel—is obligated to report it. Despite a licensee's awareness of the rules surrounding ethical and legal physical therapy care, that doesn't mean they are safe from allegations of violations. Sometimes, they happen by mistake.
For instance, in a busy rehabilitation clinic in Lancaster, Pittsburgh, or Philadelphia, a licensed physical therapist with a reputation for impeccable patient outcomes may begin to struggle with the increased caseload. To save time, they may hurry their patient notes and inadvertently omit essential details, such as pain levels, exact treatment methods employed, and recommended at-home exercises.
When a new assistant notices inconsistencies between chart notes and actual therapy activities, the licensee may think they can retroactively add entries to patient charts, modifying dates and treatment descriptions to mask the earlier exclusions. However, this can often escalate—where the validity of patient progress and billing comes into question—into a complaint. Yet, any violation of a physical therapist's license agreement is subject to disciplinary action.
Disciplinary Process for Licensed Physical Therapists
When the Pennsylvania State Board of Physical Therapy receives a complaint—whether from a patient, employer, colleague, or member of the public—it opens an initial investigation to determine whether disciplinary action is warranted. First, the complaint is evaluated to ensure it falls within the State Board's jurisdiction. If the complaint is viable, the matter is forwarded to an investigator working with the Bureau of Professional and Occupational Affairs (BPOA), which is part of the Pennsylvania Department of State.
BPOA investigators—or personnel from the Department's Bureau of Enforcement and Investigation (BEI)—gather evidence such as patient records, witness statements, and billing documents. Yet, every situation is different, and they may conduct an on-premises visit or call licensees in for interviews. Investigations take varying lengths of time, but expect them to be conducted quickly.
Their findings are then analyzed by the Professional Compliance Office within the Prosecution Division of the BPOA's Legal Office or BEI's Prosecution Division. They will determine whether the investigation suggests misconduct, which is then presented to the State Board for further review, with the addition of an Assistant Attorney General.
If the State Board wishes to pursue disciplinary action, it presents the punishment to the licensee, and individuals may accept it through a consent agreement, also known as a consent order. However, that disregards due process and means that licensees could admit responsibility without the full facts of the situation. Fortunately, physical therapists may request a full hearing.
Administrative Hearing Process
Conducted through the Pennsylvania Administrative Hearing Office (AHO), proceedings give both sides—the commonwealth and the licensee—an opportunity to present their case. A presiding officer will hear and decide the case, conducting them in a manner similar to a trial court but with fewer formalities.
Before the hearing, the AHO will recommend a pre-hearing conference to clarify issues and work toward a potential settlement. During the hearing, both parties are allowed to:
- Present evidence, including witness testimony
- Call, question, and cross-examine witnesses
- Make arguments to the presiding officer in favor of their side of the case
After considering all evidence and arguments, the presiding officer decides whether the physical therapist bears responsibility for the violation or complaint alleged. While the burden of proof lies with the commonwealth, it only needs to show culpability through a preponderance of the evidence. Depending on the specific violations, the presiding officer will recommend or directly impose disciplinary measures. Decisions are sent back to the State Board, which then takes steps to issue final disciplinary orders.
Sanctions for Pennsylvania Physical Therapists
The Pennsylvania State Board of Physical Therapy has the authority to impose various sanctions on licensees. Depending on the severity and specifics of the misconduct, the State Board may opt for one or more of the following penalties:
- Reprimand: Formal admonishment documenting the licensee's wrongdoing in their permanent record.
- Fines: Monetary penalties, which vary based on the nature of the offense and other aggravating factors.
- Probation: Limited continuation of practice under stipulated conditions, such as mandatory continuing education, supervision, or loss of delegation authority.
- Suspension: Temporary halt on the physical therapist's credentials without the authority to practice.
- Revocation: Permanent license withdrawal and prohibition from practicing as a physical therapist in Pennsylvania.
In addition to adverse action, the State Board can order licensees to complete a myriad of rehabilitative measures. Some conditions aimed at preventing future misconduct can include anger management counseling, ethics training courses, mandatory continuing education, alcohol or substance abuse classes, or other remedial activities.
While minor discipline may not change the standing of an individual's license, even first-time reprimands are part of a physical therapist's record and can quickly affect other aspects of professional life. Although Pennsylvania hasn't yet enacted the multi-state Physical Therapy Licensure Compact Act, the governing boards of other states where individuals may have a license will be made aware of any disciplinary action, which could kick off additional proceedings.
While the BPOA has the authority to expunge some disciplinary matters after five years, it's unlikely they will remove suspensions or revocations. Instead of bracing for the seemingly inevitable, take your license with the seriousness it derives and contact the LLF Law Firm for help.
Protect Your Pennsylvania Physical Therapist License With the LLF Law Firm
The LLF Law Firm is prepared to ensure Pennsylvania licensees have what they need to retain their ability to practice. Physical therapists may believe an attorney is too aggressive an option to exercise with their professional board. However, our Professional License Defense Team brings a wealth of experience and a deep understanding of state laws and the specific regulatory frameworks governing licensees.
There is no way to forecast the effects of license discipline or whether the authority to practice will be revoked. However, you can be assured that your credentials remain vulnerable without a strong defense. We understand what the State Board seeks in managing violations and how to represent you before the presiding officer during AHO hearings.
We are well known throughout the state, from Erie to State College and Harrisburg to Lebanon and beyond. Our Professional License Defense Team has helped countless licensees throughout the commonwealth stand up to allegations and charges and defend their careers. Call the LLF Law Firm at 888-535-3686 today or fill out our confidential consultation form, and we will contact you.
