As a physical therapist in Kansas, you are trusted to provide safe, effective, and compassionate care to patients with a wide range of health conditions, ranging from minor strains to life-changing injuries. With your help, patients can improve their mobility, restore their independence, and manage pain. However, to continue providing these services, you must have a valid, active physical therapy license in the state of Kansas. And unfortunately, even a single complaint can be enough to bring your fitness to practice into question, and in the worst cases, lead to a permanent loss of your license.
Given how hard you undoubtedly worked to gain your qualifications and to obtain a valid license to practice physical therapy in Kansas, you deserve every opportunity to defend yourself against any accusation or patient complaint. The possible long-term consequences are simply too severe to leave any part of your defense to chance. Which is why, if you're facing disciplinary action as a Kansas physical therapist, you should urgently contact the Lento Law Firm to discuss your case and explore your options for defending the accusations. The sooner you respond to Board investigators and the more effectively you can navigate the negotiation process, the better chance you may have of protecting your physical therapist license.
The experienced attorneys you need are only a phone call away. Contact the Lento Law Firm Professional License Defense Team now on 888.535.3686 or, alternatively, complete our online contact form.
Kansas State Board of Healing Arts
The Kansas State Board of Healing Arts (KSBHA) is the state's regulatory and licensing board. It is responsible for protecting the public by overseeing the conduct of those who practice the “healing arts,” including physical therapy. The KSBHA derives its authority from Chapter 69 of the Kansas Statutes. Alongside setting out the scope of the Board's authority and what duties it must undertake, the law also defines physical therapy and sets out the grounds for both issuing physical therapist licenses and revoking or suspending such licenses. We will touch on some of these grounds below.
Any complaints regarding a physical therapist's conduct or fitness to practice are handled by the KSBHA. And so, if you're facing disciplinary action, you can expect to receive correspondence from this board. Typically, this will mean receiving notification in writing, either by a postal letter or via email.
Physical Therapist Misconduct in Kansas
The KSBHA holds physical therapists to high standards to ensure patients can have confidence in not only the treatment they receive, but in healthcare practitioners more generally. Physical therapist misconduct in Kansas is, essentially, any conduct or behavior that raises questions regarding a practitioner's ability to perform their job safely. In other words, it's any action that violates state laws, including the KS Statutes. Examples of conduct which may be considered violations of the law include:
- Unauthorized treatment
- Lack of professional liability insurance
- Treatment without patient consent
- Attempting to obtain a license fraudulently
- Administering medications unlawfully
- Certain felony convictions
- Failure to refer a patient for appropriate follow-up treatment
- Breach of patient confidentiality
- Knowingly submitting misleading or false information on a claim form
- Inappropriate patient conduct
Grounds for Disciplinary Action Against Physical Therapists in Kansas
It should be noted that, although any member of the public or concerned individual can submit a complaint to the Board online through its formal complaints process, the Board cannot act on every complaint received. The complaint must fall within the legally recognized grounds for potentially revoking or suspending the physical therapist's license before the Board can act.
For example, the Board can't investigate a physical therapist just because a patient believes they are charging unreasonably high fees for their services. However, they could investigate the individual if there's reason to believe they are acting fraudulently.
Every investigation turns on its own facts. Should you receive notification of possible disciplinary action, the Lento Law Firm attorney can explain the rights you have and what to expect may happen next.
The KSBHA Investigation Process
The KSBHA has a standardized investigation process for dealing with complaints made against physical therapists in the state, whether the complaint is made by a member of the public, colleague, or other professional. Although the exact steps involved are nuanced, and vary depending on the nature of the allegations against the individual, the process you might expect to go through can be summarized as follows.
Initial Complaint
Every investigation into a physical therapist's fitness to practice, and any alleged standard of care violations, begin with an initial complaint. This complaint should be submitted online and provide sufficient information for the Board to make a decision whether there are grounds to investigate the therapist further. Clearly exaggerated or false accusations can be easily dismissed at this stage; however, given how seriously the KSBHA takes its role in protecting public health, most complaints will undergo at least a preliminary attorney review.
Attorney Review
Upon receipt of the initial complaint, a KSBHA attorney reviews the details provided and determines whether the licensee potentially violated Kansas state laws or Board regulations. If the case is unfounded, it can be dismissed, and the matter is closed. However, if there are potential violations of applicable laws or regulations, the attorney passes the case to an investigator to commence a full case review.
Initial Investigation
It's the investigator's job to determine if a physical therapist likely violated the profession's standard of care. This may involve interviewing witnesses, reviewing photographs or video evidence, or requesting patient medical records. It also typically involves interviewing the physical therapist in question, who should be formally notified in writing of any complaints made against them.
How long this stage takes depends on, for example, the severity of the allegations made and the complexity of the case. It could take anywhere from a few weeks to a month or two. Your attorney can explain what to expect and, where possible, will liaise with the Board officials to do everything possible to expedite the process.
Although KSBHA investigations are stressful and alarming, it's always best to cooperate with investigators but raise any concerns you may have with your attorney. Failing to respond to investigator questions or refusing to provide a statement could result in delays or otherwise hamper the process.
Standard of Care Review
If there's a complaint regarding patient care, the Board reviews the evidence and determines if there's a likelihood that the therapist's conduct breached expected standards of care. If the complaint refers to the therapist's behavior or conduct more generally, the case moves straight to a disciplinary review and bypasses this stage.
Disciplinary Panel Review
A subgroup of KSBHA members, the Disciplinary Panel, reviews the investigation and determines how the case should proceed e.g. whether mediation or informal negotiations are appropriate, or if more formal court proceedings are required. It's also possible for cases to be closed at this stage.
Administrative Hearing
Should there be no informal agreement reached, or if the KSBHA deems the complaint too serious in nature to handle informally, the case proceeds to a formal administrative hearing. Both sides can present their case, and you have the right to legal representation.
The case could be dismissed if there's insufficient evidence of a breach of care standards. Or, the complaint could be upheld and a sanction, such as license suspension or revocation, recommended.
Outcome of KSBHA Disciplinary Action
The KSBHA has various options at its disposal for resolving a disciplinary matter. The options include, but are not limited to:
- Verbal or written reprimand
- Remedial action, e.g., mandatory professional education
- Mandatory counseling or attendance at e.g., a drug program
- Temporary limitation of duties
- Supervised practice
- License suspension
- License revocation
- Mandatory payment of fines
Typically, physical therapist license suspension or revocation should only ever be considered for the most serious allegations of professional misconduct. However, any allegation, no matter how minor, could ultimately spiral unchecked into a serious disciplinary matter leading to serious professional penalties.
Appealing Physical Therapist License Suspension or Revocation
If your license is suspended or revoked, it's sometimes possible to appeal the decision by applying for reinstatement. However, this often means waiting a specific period before you are eligible to reapply for your license, or you may be required to demonstrate compliance with certain remedial actions, e.g., continuing education or counseling. And even if you can appeal license suspension or revocation, there's no guarantee that the Board will reverse its decision. Remember, revocation is intended to be a permanent solution, and suspension is intended to serve as a deterrent for a similar complaint or situation arising in the future.
The most effective way to protect your license is to avoid the KSBHA revoking or suspending it in the first instance. Hiring the Lento Law Firm at the earliest opportunity will ensure you have ample opportunity to prepare for the investigations and any subsequent disciplinary hearings. And should questions regarding an appeal arise, we can explain what options you have, challenges you could face, and how you might counter those challenges to have the best chance of license reinstatement.
Why Physical Therapists Facing Disciplinary Action Should Seek Legal Advice
It's understandable if you are considering responding to the KSBHA investigations alone. Perhaps you assume that hiring an attorney may be considered an “admission of guilt,” or you simply hope that the matter can be handled informally without the need for legal representation. However, there are various compelling reasons why you should strongly consider hiring an attorney rather than attempting to negotiate with the Kansas State Board of Healing Arts alone.
- License suspension or revocation is far from the only sanction available to the KSBHA when considering how to discipline a physical therapist. An experienced attorney can hold the Board accountable and ensure that they fully consider every possible option for resolving the matter and allowing you to move forward.
- The Board has its own legal team it can call upon for advice and assistance when determining how to handle investigations into any complaint. Without your own counsel on your side, you're at an immediate disadvantage.
- Board investigations and the entire disciplinary process can be overwhelming. Negotiations are highly nuanced and the rules you must follow can be complicated. Your attorney will ensure that you understand your rights and responsibilities, helping you present the most compelling case possible in your favor.
Disciplinary action that places your professional license in jeopardy poses an immediate threat to your livelihood and reputation. License suspension or revocation could permanently damage your career and prevent you from seeking future physical therapy employment opportunities in the state or elsewhere in the US. Given how hard you've worked to secure your license, you deserve every opportunity to protect it, which is why hiring the Lento Law Firm Professional License Defense Team should be your next step.
Experienced Professional License Defense Attorneys in Kansas
No matter where you are in Kansas, our Professional License Defense Team can guide you through the KSBHA investigation, and we can help you negotiate the fairest possible outcome given the nature of your case. We can represent physical therapists in every corner of the state, including Wichita, Kansas City, Olathe, Shawnee, Topeka, and Overland Park. Whether you're a newly qualified physical therapist in Kansas or you are a seasoned practitioner, our team has the knowledge and experience required to help you robustly and effectively defend your physical therapist license.
Retain the Lento Law Firm Professional License Defense Team
The Kansas State Board of Healing Arts will not hesitate to suspend, revoke, or otherwise limit your physical therapist's license if it has any concerns over your performance or fitness to practice. And even if the allegations against you are dismissed or the Board imposes lesser penalties, the damage to your professional reputation can endure if the matter is not handled effectively. This is where the Lento Law Firm can help. Our experienced professional license defense attorneys will stand alongside you throughout the entire disciplinary process, ensuring you fully understand your options and have confidence in your defense strategy. We will ensure that you receive the due process you are entitled to and that you have every opportunity to take advantage of your legal rights during the proceedings. No matter how complex your case and no matter how high the odds stacked against you may seem, we are ready and waiting to support you through this challenging and daunting time.
Give yourself the reassurance that you're doing everything possible to protect your license. And do not let yourself be overwhelmed with the burden of facing disciplinary action alone. Call the Lento Law Firm Professional License Defense Team on 888.535.3686 or contact us online to secure the representation you need.
