Physical therapists in Nevada are licensed professionals. As such, they can potentially lose their licenses (or face other forms of discipline) for violating relevant laws or rules.
Are you a Nevada physical therapist whose license is in jeopardy due to an alleged violation? While this may not always technically be a criminal matter, it's vital to consider how loss of your professional license can impact your livelihood and career. Enlisting the help of an attorney to defend you against the allegations can make a significant difference in your case's outcome.
At the Lento Law Firm, serving physical therapists in the Las Vegas Valley, Reno metropolitan area, the Sierra Nevada, and anywhere else in the state, our Professional License Defense Team is prepared to review your case, explain your options, and provide a quality defense tailored to your specific needs. Learn more about what we can do for you by submitting your information through our confidential online contact form or by calling our offices today at 888-535-3686.
The Nevada Physical Therapy Board's Role in Licensing
The Nevada Physical Therapy Board (or simply “the Board”) is responsible for issuing licenses to professional physical therapists in the state. The Physical Therapy Practice Act is the collection of laws and statutes granting the Board its responsibilities and authorities.
Reasons the Board May Take Disciplinary Action Against a Nevada Physical Therapist's License
The Board has the power to discipline a physical therapist and their license for several reasons. A physical therapist in Nevada may face Board disciplinary action for:
- Having an alcohol or substance use disorder
- Being convicted of violating any law, whether state or federal, that involves controlled substances
- Being, based on the Board's judgment, guilty of immoral or unprofessional conduct
- Being convicted of any crime of moral turpitude
- Being guilty of violating any of the terms of the laws and rules relating to failure to provide or secure compensation as an employer, false statements or similar issues regarding payroll, making illegal deductions from employee wages, making false statements or concealing material facts for the purposes of obtaining benefits, and submitting false claims for insurance payments
- Being, upon the Board's judgment, guilty of gross negligence in the practice of physical therapy (Note: Having settled claims of malpractice can be evidence that a practitioner is guilty of gross negligence in the Board's eyes)
- Obtaining or attempting to obtain a license through fraud or material misrepresentation
- Being declared insane “by a court of competent jurisdiction,” if the physical therapist has not subsequently been legally declared sane
- Entering into any contract or agreement that involves paying someone a fee in exchange for client referrals
- As a physical therapist, employing others to operate as physical therapists or assistants despite them being unlicensed or having had their licenses suspended.
- Having had a license to practice physical therapy suspended, revoked, or otherwise limited in any jurisdiction
- Being, in the Board's judgment and evaluation, professionally incompetent
- Violating any of the Board's rules or regulations
- Operating a medical facility (based on the relevant legal definition) while the facility's license was suspended or revoked, OR when a relevant act or omission resulting in license suspension or revocation under Nevada's law governing medical facilities has occurred
- Failing to pay child support, if the Board receives valid legal documentation of said failure
- Practicing physical therapy (or offering to practice physical therapy) without a license
- Using insignias, letters, and other such content/iconography to suggest that one is a licensed physical therapist or physical therapist assistant when this isn't actually the case
Understanding the nature of the allegations against you is critical. Our team can help you better understand why you may be facing disciplinary action.
How the Board May Discipline a Nevada Physical Therapist Accused of Misconduct
The Nevada Physical Therapy Practice Act grants the Board several options when determining how to discipline a physical therapist upon determining said therapist has engaged in misconduct or otherwise committed a violation. Forms of discipline the Board may consider are:
- Refusal to issue or renew a license: The Board can technically discipline a prospective physical therapist's license even if they don't actually have a license to practice physical therapy in Nevada yet. If the Board determines that an applicant has committed a violation, it can refuse to issue a license accordingly. Similarly, the Board can refuse to renew the license of a practicing physical therapist who is engaged in a violation or misconduct.
- License suspension or revocation: The Board can temporarily suspend a physical therapist's license. During the suspension period, a physical therapist won't be able to legally practice in Nevada. If the Board determines doing so is necessary, it can even revoke a physical therapist's license entirely.
- Probation: The Board may also place a licensed physical therapist on probation. The specific terms of probation will vary depending on the nature of the alleged violation.
- Administrative fine: The Board can impose an administrative fine of up to $5,000.
Many factors can influence the forms of disciplinary action the Board may consider in a given case. We'll review the allegations against you and answer your questions regarding potential penalties.
Understanding Complaints Against Physical Therapists in Nevada
Per the law, the following parties may file a complaint against a physical therapist in Nevada:
- The Board in general
- Any individual member or agent of the Board
- “Any aggrieved person”
A complaint must fulfill the following requirements for the Board to deem it valid:
- The complaint must indicate a physical therapist has allegedly engaged in one of the violations described previously in this overview. Essentially, the Board must have jurisdiction over the matter.
- The complaint must be detailed enough that the physical therapist in question is able to understand the nature of said complaint and can thus respond accordingly.
- The complaint must be made in writing. However, it's possible to file a complaint with the Board anonymously. If one chooses to do so, the Board may decide not to process the complaint if doing so is impossible because of the complainant's anonymity, or if the complainant's anonymity would result in the process being unfair to the physical therapist who is the target of the complaint.
The Board will review a complaint and determine if further investigation is warranted. If the Board decides to move forward, the physical therapist against whom a complaint has been filed has the opportunity to respond to the complaint and/or participate in a hearing. They also have the right to legal representation throughout this process.
It's critical to take the matter seriously when learning that the Board is investigating you for an alleged violation. Ignoring the issue will likely not result in it “going away on its own.”
However, you don't need to face this process alone. At the Lento Law Firm Professional License Defense Team, we'll handle everything from crafting a proper response to representing you during hearings. Allowing us to represent you gives you the peace of mind that comes from knowing your case is in the hands of professionals with experience defending clients like you.
A Note on Criminal Charges Against Nevada Physical Therapists
Some of the potential violations a Nevada physical therapist may engage in only constitute violations of the Board's rules and regulations. Even if the Board takes disciplinary action against a physical therapist, that physical therapist might not necessarily face additional criminal penalties.
That's not always the case. Some violations of the Board's rules, such as practicing physical therapy without a license, also qualify as crimes.
There's no guarantee that the outcome of a professional discipline case will impact the outcome of a criminal case, or vice versa. However, for logical reasons, it's possible that being found guilty of a violation by the Board can serve as evidence in a criminal proceeding, increasing the odds that you'll face additional criminal penalties along with Board discipline.
The inverse may also be true. If the Board determines a complaint doesn't have merit or a violation didn't happen, depending on the circumstances, this could help you avoid legal trouble.
Understanding how to protect yourself when the Board is looking into you for alleged misconduct can be challenging. That doesn't need to be the case. With the assistance of qualified legal professionals, you can be confident you have allies to turn to who can explain the potential implications of all aspects of your case.
Dos and Don'ts When You've Been Accused of a Violation as a Physical Therapist in Nevada
Attorneys with our Professional License Defense Team can help you avoid making the types of mistakes you might otherwise make if you attempted to handle your case alone. In the meantime, it's helpful to familiarize yourself with some general advice regarding what you should and shouldn't do upon learning someone has filed a complaint or the Board has opened an investigation into you.
Steps you SHOULD take include:
- Reviewing the complaint notice thoroughly so that you understand the nature of the allegations and whether there are any requirements or limitations you need to be aware of (such as a requirement not to practice physical therapy while an investigation is ongoing)
- Taking note of important dates (such as hearing dates) to comply with the Board's process
- Contacting our Professional License Defense Team to represent you throughout the investigation
Steps you SHOULD NOT take when the Board is investigating you for alleged misconduct include:
- Contacting or attempting to contact the complainant
- Posting about the case on social media (or discussing it socially in general)
- Destroying or concealing anything that could serve as evidence against you
- Making false statements to Board representatives
- Speaking with Board representatives without hiring legal counsel first
- Ignoring any temporary limitations the Board may have placed on your license as it conducts its investigation
The above is merely general advice. Your lawyer can provide you with additional suggestions based on the details of your case.
Potential Defense Strategies When a Nevada Physical Therapist Faces License Discipline
An attorney can serve many roles when you're facing Board discipline. At the Lento Law Firm, our Professional License Defense Team can assist you with such tasks as:
- Responding to a complaint
- Investigating the case to gather evidence for a defense
- Participating in hearings
- Complying with any of the Board's valid orders
- Showing how, due to mitigating factors (such as this being the first time you've been accused of a violation), the Board should consider leniency if it decides to move forward with disciplinary action
Our team understands that every case is different. We approach your defense accordingly. The best way to understand how we're likely to defend you is to meet with us to review the case in detail. To a large degree, the defense we employ will be based on the nature of the alleged violation
That said, general defense strategies we may consider when representing a physical therapist accused of a violation include:
- Citing weaknesses in the case or evidence against a client, showing there's insufficient evidence to justify disciplinary action
- Demonstrating how the conduct a client is accused of doesn't qualify as a violation of any of the Board's rules
- In some cases, showing how an individual may have filed a false complaint against a physical therapist, perhaps due to a personal or professional grudge
- Showing how procedural errors or issues resulted in a violation of a client's rights
- Arguing, when relevant, that “lack of intent” applies, meaning a physical therapist may not have intended to engage in activity that constitutes a violation
- Indicating that a complaint was not filed in a timely manner
Those are merely examples. Whether you work out of a major physical therapy office in a city like Las Vegas, Reno, Sparks, or Carson City, or you operate out of a small clinic in a more suburban or rural part of Nevada, we're ready to learn about your case and explain how we may help.
Contact the Lento Law Firm When Your Nevada Physical Therapy License is in Jeopardy
You've spent years (and thousands of dollars) working to become a licensed physical therapist. It can be very frightening to imagine you may lose your professional license because someone has filed a complaint against you.
First, it's worth noting that complete revocation of your license is primarily likely in cases involving significant alleged misconduct. Perhaps more importantly, you must remember that you're not alone now. At the Lento Law Firm, attorneys with our Professional License Defense Team can help when the Board is considering disciplinary action. Get started today by calling us at 888-535-3686 or by contacting us online.
