West Virginia physical therapists (PTs) and physical therapist assistants (PTAs) work hard to earn their licenses and build their careers, but all of that work can be jeopardized by a single complaint. One documentation error, one patient accusation, or one internal report can trigger a disciplinary investigation with the power to derail your entire career.
Too often, professionals don't even realize they're being investigated until it's already underway. By then, the risks are serious. You could lose your income. You could face costly penalties. Your license could be suspended, restricting or completely stopping your ability to practice. In the worst-case scenario, you could face permanent revocation of your license.
Ignoring the issue or waiting to see what happens is a mistake. The West Virginia Board of Physical Therapy (WVBOPT or “the Board”) will not slow down its process because you're unsure of how to respond. You need to act now.
At the Lento Law Firm, we understand how the WVBOPT disciplinary process works. Our Professional License Defense Team is ready to fight for your license from day one. Don't wait for the board to make the next move, contact us at 888-535-3686 or reach out through our secure contact form today. We're here to defend your career and your livelihood.
West Virginia Board of Physical Therapy
In West Virginia, the WVBOPT is responsible for issuing and renewing licenses or certifications to physical therapists, physical therapy assistants, and athletic trainers. The Board is part of the state's Department of Health and Human Resources and ensures that applicants for licensure meet requirements for education, examination, background checks, and criminal history screening.
The WVBOPT is also responsible for investigating complaints of misconduct for PTs and PTAs. The Board can impose sanctions on licensees found responsible for a violation after a formal disciplinary process, and these sanctions become public record.
You can easily find previous disciplinary actions the Board has taken against licensees in West Virginia with the license search tool on the WVBOPT website. For each person who has been sanctioned, you can find the case details that state exactly why there was a sanction.
If you've been notified of a disciplinary investigation by WVBOT, you cannot afford to ignore it or hope it resolves on its own. Allegations of unprofessional conduct or rule violations can lead to serious consequences. The details of your sanction are publicly available for anyone to see, including future patients and employers.
The moment you learn you're under investigation, your first step should be to secure legal representation. At the Lento Law Firm, our Professional License Defense Team knows how to confront WVBOT investigations head-on. We act quickly to protect your rights, defend your license, and keep your career on track.
Grounds for Discipline
PTs and PTAs are held to high standards of professional conduct. As a regulated profession, physical therapy has a certain scope that licensees must operate within as well. Violating any of the rules that govern the practice of physical therapy in West Virginia could lead to disciplinary action.
Some examples of violations include:
- Obtaining a license by fraud or misrepresentation
- Felony conviction
- Conviction of a crime of moral turpitude
- Unprofessional conduct
- Having a license or other authorization revoked or suspended in another state
- Aiding or abetting unlicensed practice
- Endangering the health, welfare, or safety of the public
- Unethical or immoral practice
- Cheating on the National Physical Therapy Exam
- Falsifying, altering, or destroying patient records without authorization
- Failing to maintain accurate patient or billing records
- Practicing physical therapy when your ability is impaired by alcohol, controlled substances, narcotic drugs, physical disability, mental disability, or emotional disability
- Failing to assess and evaluate a patient's status
- Performing techniques or procedures that you aren't trained for
- Delegating physical therapy responsibilities to someone who is unqualified
- Causing physical or emotional injury to a patient
- Providing treatment interventions that aren't warranted by the patient's condition
- Regular pattern of negligent conduct
- Documenting or billing for services not actually provided
- Maliciously causing harm to another licensee
A single mistake can put your physical therapy license at risk. You might think you're just doing your job: Trying a new treatment method, adjusting care plans, or updating patient records after a busy shift. To WVBOT, those actions could be misinterpreted as working outside your scope or falsifying documentation. Both are grounds for serious disciplinary action.
The rules aren't always as clear as they seem. One oversight can turn into a formal complaint, and if you don't respond the right way, it can spiral into license suspension or even permanent revocation. It doesn't matter if your intentions were good.
The Lento Law Firm's Professional License Defense Team knows how WVBOT operates and how to fight back. We don't wait for things to get worse. We take immediate action to protect your license, your career, and your future.
Potential Consequences for PT License Violations in West Virginia
If you're found responsible for violating rules for licensed PTs and PTAs, you could face one or more of the following sanctions:
- Reprimand
- Probation
- License restriction
- Administrative fine of up to $1,000 per day per violation
- Mandatory continuing education seminars or other training
- Practicing under supervision
- Requirement to report to the Board periodically
In addition to sanctioning your license, the Board can also require you to pay for the costs of the disciplinary proceeding.
When your license is on the line, you can't afford guesswork. WVBOT won't wait to build a case against you, and you shouldn't wait either. At the Lento Law Firm, our Professional License Defense attorneys will immediately dig into the details of your situation, identify the risks, and lay out a clear strategy. Whether that means negotiating a resolution with the WVBOT or preparing for a formal hearing, we'll guide you every step of the way. Your future is too important to leave to chance.
How the Disciplinary Process Works for Accused PTs
Just as licensed PTs and PTAs must follow rules of conduct, the Board must stick to standard procedures for carrying out discipline. Depending on the nature of the allegations against you, the case could involve an investigation and an administrative hearing.
Complaints
Anyone can file a complaint against a licensee. Complaints must allege serious issues like professional negligence, criminal conviction, or unprofessional conduct. Once a complaint is received, the Board reviews it. If the matter is outside the Board's authority, they will let the complainant know and suggest next steps.
If you are accused of wrongdoing, WVBOPT will send you a copy of the complaint. You then have 30 days to respond in writing. Once the Board receives your response, it will start an investigation.
Ethics Investigator
A WVBOPT Ethics Investigator takes over the process at this point. They have 60 days to submit a detailed report to the Board, which includes the facts, findings, care provided, and any interviews conducted.
The Board may invite the parties involved (you and whoever made the complaint) to attend an informal conference to discuss the case. Participation is optional and non-binding, so what's said can't be used later unless everyone agrees. If there isn't an informal solution, the Board may bring charges against you, which requires a hearing.
Administrative Hearings
If you get formally charged, the details of the complaint, hearing date, time, and location will be provided in a written notice, which must be sent at least 30 days before the hearing.
You also have the right to request a hearing if your application for a license is denied or if your license is suspended by WVBOT. You must submit this request in writing. The Board may require you to cover the cost of the hearing if you don't win your case. Hearings must be scheduled within 60 days of your request.
At the hearing, you can be represented by a West Virginia attorney, present witnesses and evidence, and challenge the Board's evidence. The Board will also be represented by the Attorney General's office. If the Board initiated the charges, they present their case first. If you're appealing a denial, you go first.
The hearing follows specific rules of evidence and procedure. All testimony is recorded, and a written transcript is kept. Hearings can be continued or postponed if there's good cause, and motions must be submitted ahead of time.
Final Order and Appeal
After the hearing, the Board must issue a written final decision within 60 days. The decision should include factual findings and legal conclusions and be approved by a majority of Board members. The final order is sent to you or your attorney 10 days after it's decided.
If you disagree with the Board's final decision, you have the right to appeal it through the Intermediate Court of Appeals within 30 days of the date you receive the final order. Filing an appeal does not automatically stop the decision from being enforced. However, WVBOT may grant a stay or you can ask the court to put a hold on the decision.
The Board has 15 days to send the full case record to the court, including transcripts, evidence, and documents. The appeal doesn't have a jury, and the judge bases the decision mostly on the existing record. They can:
- Affirm the Board's decision
- Send the case back for review
- Reverse or modify the decision
The court's judgment is final unless appealed to the West Virginia Supreme Court of Appeals under state law.
Working with a Professional License Defense Attorney Makes a Difference
If you're a PT or PTA in West Virginia, a complaint against your license isn't something you can afford to ignore, no matter how unfair or false it may be. Hoping it will go away is not only unrealistic, it's dangerous. One misstep, one delay, and WVBOPT can move forward without your input and possibly without your side of the story.
The Board won't assume silence means you're being careful. They may see it as an admission of guilt or a refusal to cooperate. Meanwhile, investigators are building a case: interviewing witnesses, reviewing records, and creating a narrative that could severely damage your reputation and your career.
At the Lento Law Firm, we move fast to redirect the investigation before it spirals. We build a strong, fact-based defense that shows who you really are and what actually happened. We manage all communications with WVBOPT to ensure nothing you say is taken out of context or used against you. If a hearing becomes necessary, we're fully prepared to defend your license before the Board.
Hiring legal counsel doesn't make you look guilty; it shows you're serious. Showing up with an attorney sends a powerful message: You respect the process, and you're ready to defend your future.
You've worked too hard to let one accusation threaten your career. Our Professional License Defense Team has guided healthcare professionals across West Virginia through the disciplinary process. We know how the Board thinks, what the law requires, and how to fight for your license effectively.
The Lento Law Firm Can Help You Defend Your License
Most defense attorneys aren't trained to handle professional license cases, which puts your future at risk. When your physical therapy license is on the line in West Virginia, you need a legal team that understands exactly how WVBOPT operates and what it takes to defend your credentials.
At the Lento Law Firm, we do this every day. We've defended countless PTs and PTAs facing disciplinary action, from first complaints to formal hearings. We know how WVBOPT investigates cases, how they interpret alleged violations, and what works when it comes to defending your license.
Whether you're treating patients in Charleston, Morgantown, Parkersburg, or Wheeling, the Board has the power to suspend, restrict, or revoke your license.
You didn't work this hard just to watch it all be taken away. If you've received a complaint, been notified of an investigation, or are preparing for a hearing, don't wait and hope for the best. Call the Lento Law Firm today at 888-535-3686 or submit our confidential consultation form. We're ready to take action and protect everything you've built.
