While physical therapists (PTs) and physical therapist assistants (PTAs) are not doctors, they are an important part of your healthcare team.
Also known as physiotherapists, these medical professionals can help you manage pain and discomfort, improve your overall range of motion, and regain movement and functionality after an injury. Nationwide, physical therapists are one of the largest clinical healthcare occupations that require licensure, a mandate that includes both a college degree and the successful completion of a three-year Doctor of Physical Therapy (DPT) program.
In Rhode Island, this translates to a seven-year obligation (six, if you’re able to study under an Early Contingent Admission provision), and it represents a serious commitment. All that schooling simply makes you eligible to sit for the exam; you still have to pass the test, pursue any specialization education that’s needed, and satisfy continuing education requirements throughout your career.
So, it’s understandable that you’d want to protect your license from allegations of professional misconduct, especially after working so hard to get it.
The thing is, even the most committed physical therapists can find themselves facing disciplinary action, sometimes due to nothing more than a simple mistake. But when it comes to safeguarding your license and your livelihood, any complaint can be a serious complaint, and it can put your standing as a licensed physical therapist at risk. In fact, some of those minor mistakes can have a major impact on your ability to practice, making it essential to understand your rights should a complaint ever arise.
Fortunately, the Professional License Defense Team at the LLF National Law Firm can show you how to navigate the complaint process and present your best possible defense. We have both the skills and experience to help you cut through the overwhelm and make informed decisions about your professional future. If you believe your license as a physical therapist or physical therapist assistant could be at risk, don’t hesitate to contact us. Time is of the essence, and it’s crucial you act quickly. Contact us today at (888) 535-3686 or use our online form to schedule a consultation.
Regulation of Physical Therapists in Rhode Island
Because physical therapists and physical therapist assistants offer services that fall within the scope of medical treatments, these professions are governed by the same strict standard of care that you might expect for any healthcare professional. In Rhode Island, this governance is handled by a seven-member Board of Physical Therapy (Board), consisting of physical therapists, a licensed PTA, a licensed physician, and a consumer advocate, all appointed by Rhode Island’s Department of Health (RIDOH).
The Board oversees all aspects of Rhode Island’s physical therapy profession, including licensing, regulation enforcement, continuing education verification, and enforcement/oversight of disciplinary orders. This is in conjunction with RIDOH, who holds subpoena power and is responsible for conducting any necessary investigations when an accusation is made.
These governing bodies follow the regulations laid out in Rhode Island’s Code of Regulations and their General Laws, and have full authority to address any allegations of unprofessional conduct. As you might imagine, they take these matters very seriously, and even the smallest allegations can heat up fast.
Actions That Can Threaten a Physical Therapist License in Rhode Island
To ensure clarity, RIDOH provides PTs and PTAs with a comprehensive list of actions and behaviors to avoid. The language in this list is broad, covering a wide range of actions that could put your physical therapist license at risk. Some examples include:
- Abandoning a patient
- Fraud or deceit in obtaining a license to practice physical therapy
- Habitual or addictive drug use
- Incompetence or negligence
- Filing false reports
- Failure to turn over patient records
- The revocation, suspension, surrender, or limitation of privilege to practice as a physical therapist or physical therapist assistant in another state, jurisdiction, or country
This list also includes actions that would be considered “beyond the scope of the practice of physical therapy”, any violation of a law, rule, or order from RIDOH or the Board, and generic terms such as “incompetence” and “negligence.”
That’s because Rhode Island holds physical therapists and physical therapist assistants to high standards—recognizing both the responsibility of the role and its impact on patient care. Even minor mistakes or oversights can have serious consequences, so the state has to approach its role of enforcement with equal seriousness. As a result, PTs and PTAs can face disciplinary action for a wide range of violations, from small errors to more significant breaches of professional conduct… and the penalties can be steep.
Understanding the Disciplinary Process in Rhode Island
As mentioned above, RIDOH (in conjunction with its Board) has the legal authority to regulate, license, and otherwise oversee every aspect of the physical therapy profession. This authority is guided by the state’s rules and regulations, as well as the Code of Ethics laid out by the American Physical Therapy Association (APTA).
Using these guidelines, the Board can investigate complaints, request records, subpoena witnesses, conduct hearings, issue rulings, and carry out disciplinary actions.
When the Board receives a complaint, it is required to immediately evaluate the merit and validity of the claim. You will be notified of the allegations and provided a copy of the complaint; however, the person filing the complaint can request to remain anonymous.
You will also be asked to file a response to the complaint, and this is an important aspect of your defense. Under certain circumstances, a complete and well-presented response can be enough to mitigate the accusations and have the complaint dismissed.
Depending on the nature of the complaint, the investigation process can last for several months. The Board may need to request records, interview witnesses, and examine related reports, all of which can take time. If the Board determines that the complaint has merit, it will request a formal hearing and notify all parties involved. You will have at least 20 days’ notice of this hearing; it is important that you attend and that you come to the hearing prepared.
The state allows you to have counsel present during this hearing. You can also produce evidence, call witnesses, and cross-examine the state’s witnesses. If subpoenas are needed to obtain your evidence and/or witness testimony, you can request that subpoenas be issued by the Board or the hearing administrator.
The person(s) making the accusation may or may not be asked to testify.
After all the evidence and testimony have been presented, there will be one of three outcomes:
- A finding of “no action” and the complaint will be closed;
- A finding that the complaint was valid, and a letter of concern will be placed on your record; or
- A finding that the complaint was valid, and a recommendation for discipline will be issued. In this instance, you can accept the discipline or contest the findings/allegations. This can trigger a more formal administrative hearing.
Should disciplinary action be recommended, the Board has discretion and can choose to suspend or restrict your license for a specific amount of time, impose fines and/or additional educational training, or revoke your license.
It should also be noted that in the event a physical therapist (or PTA) is hospitalized for mental illness or substance abuse, the Board may immediately suspend or revoke the professional’s license without a hearing or prior warning.
You may also be asked to sign a Consent Order (or Consent Agreement) in exchange for ending the disciplinary process and (potentially) receiving a lesser punishment.
If you’re thinking this sounds like a plea deal, you’d be right: sign the agreement, and the formal proceedings against you stop. This can be a good option, but it may not always be your best option, and it could limit your ability to appeal down the road.
You’d also be admitting guilt, which will go on your professional (and public) record, and you’ll be agreeing to whatever punishments are part of the order. This can include formal censures, monetary fines, restrictions, or a suspension of privileges, and even a voluntary surrender of your license until you’re allowed to reapply.
You may also be required to submit to additional training and/or a treatment program if substance abuse was a factor. Keep in mind that any orders limiting your ability to practice as a physical therapist will also have an impact on your livelihood.
So, know what you’re signing before you sign it.
Again, Rhode Island’s disciplinary process can move quickly, so it’s important that you’re able to move quickly as well. We can help you navigate every stage of the disciplinary process, from filing your initial response to advocating for the best possible outcome at your hearing.
If you suspect a complaint has been (or will be) filed against you, contact us today. We are ready to help you defend your physical therapist license. Contact us today at (888) 535-3686, or go online to schedule a consultation.
Will a Complaint Affect My Ability to Practice in Other States?
The short answer is yes.
One of the reasons for disciplinary action in Rhode Island is the discovery of an action (against your physical therapist license) in another state, and this acknowledgement between states is common across the country. So, while the initial investigation is kept confidential, any findings other than a dismissal will become a permanent part of your professional record as a physical therapist. Should you decide to pursue your practice in another state, your Rhode Island record would follow you there.
Also, note that Rhode Island is in the process of implementing Compact legislation for physical therapists. This program will allow physical therapists and physical therapist assistants to “take” their credentials across state lines, expanding your opportunities for work and streamlining the process for license renewal and education updates.
Once this “sharing” of information goes online, other states in the Compact will have immediate access to your disciplinary record in Rhode Island.
What Areas Does the LLF National Law Firm Serve?
The LLF National Law Firm works with a wide range of professionals across the country. This includes physical therapists and physical therapist assistants, but also doctors and nurses, accountants, athletic trainers, social workers, and more.
Within Rhode Island, that includes its larger, metropolitan areas such as Cranston, Warwick, Pawtucket, and the state capital (and its largest city), Providence, as well as its smallest cities—such as Westerly, Wickford, and Narragansett—and everything in between.
In fact, it’s not unusual to see smaller towns relying on larger towns for medical assistance and healthcare options, so you may regularly work across municipalities and/or county lines. Fortunately, we can help you protect your physical therapist license no matter where you live and work.
What Can the LLF National Law Firm Do for You?
Becoming a physical therapist or physical therapist assistant is a noteworthy accomplishment. You’ve worked hard to get to where you are, and you deserve to have every advantage as you work to protect your license now.
We can help.
The Professional License Defense Team has been working with physical therapists and other medical professionals for many years. We understand how overwhelming this experience can be, and we are well-versed in breaking down allegations, gathering evidence, and getting to the truth of the matter. We’re also skilled at helping you protect your rights.
Our services include:
- Responding to requests for documentation and testimony.
- Gathering evidence and securing witnesses to support your case.
- Defending your case in a hearing.
- Negotiating a Consent Order.
- Seeking a dismissal of the complaint.
- Advocating for the best possible outcome throughout the disciplinary process.
We know this might all feel more than a little intimidating. We also know that people often hesitate to hire an attorney because they’re hoping the problem will just “go away.” But ignoring the issue will not protect your rights or your license. The only way to do that is to present a strong defense, and that’s where we come in.
Let our Professional License Defense Team go to work on your behalf. If your license as a physical therapist or physical therapist assistant is under investigation for negligence, fraud, theft, or any other form of professional misconduct in Rhode Island, now is the time to act. Contact us today at (888) 535-3686, or go online to schedule a consultation.