Physical therapists (PTs) play a critical role in providing high-quality healthcare to patients across America. As a result, they are held to exacting and rigorous professional standards, and even a seemingly minor complaint can place a physical therapist under an overwhelming amount of scrutiny. In the worst case, disciplinary action can lead to a restricted right to practice, a suspended professional license, or even permanent revocation of licensure. If you’re a physical therapist in Arkansas facing allegations of wrongdoing and you’re subject to Board investigations, you need effective legal advice and attorneys on your side who understand how to defend and protect your legal rights. That’s where the LLF National Law Firm comes in. No matter how complex your case or how high the odds may seem stacked against you, the Professional License Defense Team can help. Contact us today at 888.535.3686 or complete our online contact form to discuss your case and retain our attorneys.
Arkansas State Board of Physical Therapy (ASBPT)
The Arkansas State Board of Physical Therapy (ASBPT) is the regulatory agency responsible for licensing physical therapists across the state. Its responsibilities include receiving and reviewing license applications, renewing licenses, enforcing professional standards, and receiving and reviewing complaints against PTs. And when required, the ASBPT can also impose sanctions on PTs who are deemed to be in violation of the state’s professional standards, Board rules, or other applicable regulations.
The most common law that a physical therapist may be found in violation of is the Arkansas Physical Therapy Practice Act. The Act sets out, among other provisions, when the ASBPT has the authority to investigate and sanction a physical therapist, and what penalties the Board may impose for rule-breaking. We will touch on the most relevant provisions below; however, your attorney can explain, in detail, how the Act relates to your case and what grounds the Board may rely upon to impose sanctions.
To be clear, if a patient, colleague, or another individual wishes to file a complaint against a licensee, they must file in writing with the ASBPT. This means that the ASBPT must contact an affected licensee directly to give them fair notice of a complaint, so if you’re the subject of an allegation, you will receive written notice from the Board.
What Constitutes Physical Therapist Misconduct in Arkansas?
As with any medical or healthcare professional, any conduct that brings a PT’s fitness to practice, or to have direct contact with patients, could be grounds for ASBPT disciplinary action. Conduct, or patterns of behavior, which may give rise to complaints by concerned individuals include:
- Breaching patient confidentiality
- Inappropriate physical contact
- Examining a patient without permission, or beyond the remit necessary to provide a diagnosis or support
- Failing to refer a patient for necessary follow-up treatment
- Performing treatment or examinations that they are not qualified to undertake
- Working under the influence of alcohol or narcotics
- Fraudulent attempts to retain or gain a PT license in Arkansas
- Misleading or false claims in statements
- Working with a suspended or revoked license
PTs could also face disciplinary action for misconduct during continuing education or other educational settings. For example, plagiarism, cheating on an exam, or unlawfully assisting another PT or PT student could be considered unethical conduct.
When the ASBPT Can Investigate a Physical Therapist
The ASBPT can only investigate a physical therapist in Arkansas if the complaint falls within the jurisdiction as set out in the Practice Act. For example, the ASBPT can investigate accusations involving negligence or unprofessional or unethical conduct. However, it cannot investigate potential criminal matters, and it cannot act as a mediator if, e.g., a patient is unhappy with the fees charged (unless the fees could be evidence of fraudulent activity).
The ASBPT will dismiss complaints beyond its jurisdiction outright. However, it could, for example, advise a concerned individual on what further action they might take, if, for example, there is evidence of assault or other possible criminal behavior which should be referred to the state prosecutor for consideration.
The ASBPT Investigation and Disciplinary Process
Although each Board investigation proceeds slightly differently, the ASBPT does have a set framework for receiving, assessing, and handling complaints made against physical therapists under its jurisdiction. Should you face investigation by the Board, you can expect the process to unfold as follows.
Receipt of Initial Complaint
The individual must complete a complaint form and submit it to the Board for review. The complaint should provide sufficient detail to allow the Board to determine if the allegations fall within the ASBPT’s jurisdiction and, if so, whether there is sufficient evidence to suggest the complaint warrants further investigation. Typically, unless the case is clearly unfounded or beyond the ASBPT’s jurisdiction, they will investigate the complaint further to err on the side of caution.
Internal Review and Investigation
Once the Board reviews the initial complaint and determines it has the authority to act, it will notify the affected physical therapist in writing of the complaint and begin an internal investigation. This is known as an advisory notice. The investigation stage itself will involve witnesses such as colleagues or patients, and interviewing the individual under review. It may also involve reviewing patient records and other critical documents to build a picture as to whether the physical therapist violated any applicable state laws or regulations, such as the Physical Therapy Practice Act.
Should the Board find evidence of possible non-compliance, it will proceed to consider how to resolve the matter and what type of sanctions may be appropriate in the case.
Opportunity to Comply
Licensees under investigation may be offered the chance to remedy a situation or address the allegations before the Board imposes more formal disciplinary sanctions on them. Typically, this stage involves negotiating with Board officials and providing as much supporting information as possible to help convince the ASBPT that no further, more significant disciplinary action is necessary.
Disciplinary Procedures
Should the ASBPT wish to pursue disciplinary action, it may offer the licensee a chance to sign an informal agreement whereby they admit to wrongdoing and agree to remedial action in exchange for a lesser sanction, e.g., supervised practice rather than a suspension. However, signing such an agreement means admitting to wrongdoing–an act which could affect the individual’s permanent professional record.
Should there be no agreement reached, or if the Board deems it necessary, they will schedule a formal hearing at which point the licensee can present their side of the story and respond to the allegations more fully.
Administrative Hearing
The hearing is the licensee’s formal opportunity to present their case and to challenge the accusations. If the Board concludes that the licensee violated applicable laws or regulations, or violated the Practice Act, they will impose sanctions. Otherwise, the complaint and the case can be dismissed.
Licensees are entitled to legal representation at Board hearings. Retain the Professional License Defense Team to receive the guidance you need and deserve to navigate ASBPT disciplinary proceedings.
Possible Consequences of ASBPT License Investigations
Since every Board investigation is unique, it is challenging for your attorney to predict the outcome without a fuller understanding of the facts and your specific situation. However, the ASBPT only has a limited number of sanctions it may impose upon a physical therapist under investigation, such as:
- Written warning or formal reprimand
- Obligation to attend mandatory counseling, drug programs, or other rehabilitation
- Requirement to complete additional training or education (“delinquent” education)
- Financial penalties
- Supervised or restricted patient treatment
- License suspension for a specified period
- License revocation–intended to be a long-term penalty
However, there are other possible consequences far beyond formal disciplinary sanctions that are even harder to predict. For example, even a single allegation can cause significant harm to a physical therapist’s reputation. And if the Board revokes or suspends a physical therapist’s license, this could severely damage the individual’s financial stability and, should they lose the right to practice in Arkansas, it could make it challenging for them to seek physical therapy work elsewhere. There are also emotional and psychological consequences associated with the stress of disciplinary action, and the possible impact such action may have on a person’s relationships with their friends, colleagues, and family.
Given how severe and wide-reaching the consequences may be for any health professional facing disciplinary action, retaining theProfessional License Defense Team at the earliest convenience is a step towards taking back control of the situation and approaching the Board with confidence.
How to Appeal License Suspension or Revocation in Arkansas
When the ASBPT revokes a physical therapist’s license, it’s sometimes possible for the individual to appeal the Board’s decision and to seek reinstatement. There are, however, some caveats. License revocation is deemed a permanent rather than temporary solution, and so it can be challenging to appeal the decision unless the individual has sufficient legal grounds to appeal the outcome, e.g., the Board made procedural errors or didn’t apply the law correctly.
Suspended licenses may often be reinstated after a certain time elapses. However, this typically means the individual must formally reapply for a new license and demonstrate compliance with any sanctions placed upon them by the Board, e.g., attendance at counseling or completion of mandatory continuing education. When ready to apply for reinstatement, affected individuals must complete a specific “reinstatement application” and be prepared to provide any supplementary information required.
Building an effective defense to avoid license suspension or revocation is typically the best strategy, after all, there’s no guarantee the Board will agree to reinstate even a suspended license. That’s why, when you hire the LLF National Law Firm’s Professional License Defense Team, we will immediately assist you in gathering the evidence you need to build the strongest defense possible in the circumstances, and we will represent you during any Board negotiations or disciplinary hearings to ensure you have the guidance you need to present a compelling defense.
Why Do Physical Therapists Under ASBPT Review Need an Attorney?
It’s a common misconception that responding to ASBPT disciplinary action is a simple matter of answering the Board’s questions and, where appropriate, mediating a relatively brief and informal resolution to the case. However, Board disciplinary proceedings are often highly complex, and it can take many weeks–if not a few months—to conclude the matter. But more specifically, here’s why any physical therapist facing ASBPT investigations following a formal complaint should strongly consider professional license defense in Arkansas.
Physical Therapist License Defense in Arkansas
From new graduates to experienced service providers, the Professional License Defense Team can help any physical therapist in Arkansas facing disciplinary action by the ASBPT. Whether you’re in Little Rock, Hot Springs, Fayetteville, Arkansas City, or Conway, our team will listen to your case, explain the options you might pursue, and help you navigate every step of the ASBPT investigation, from initial interviews to the final disciplinary hearing. And if you wish to appeal license suspension or revocation, or seek license reinstatement, our experienced and knowledgeable team is waiting to assist. Contact us now to retain our services and immediately take steps to protect your physical therapist license.
Retain the LLF National Law Firm’s Professional License Defense Team
For any physical therapist in Arkansas, license suspension or revocation is devastating. That’s why, when it comes to protecting your physical therapy license, it’s crucial that you leave nothing to chance. No matter the nature of the complaint against you, it’s imperative that you immediately explore your legal rights and do everything possible to ensure that your side of the story is heard. Even the most seemingly minor accusation can spiral if left unchecked, and once a physical therapist’s license is lost, it’s an uphill battle to recover from.
You have worked too hard to take risks with your livelihood. Give yourself the reassurance that you are doing everything you can to protect your position, your career, and your professional reputation. Retain the experienced attorneys of the LLF National Law Firm’s Professional License Defense Team now by contacting us online or calling 888.535.3686.