As a licensed physical therapist, you've trained long and hard to learn the ins and outs of your profession. You've dedicated yourself to years of training so that you can provide your patients with the best therapy to help them heal their bodies, recover from injuries, and maintain their strength and mobility. You've learned the many manual techniques, therapeutic exercises, and functional training approaches to help reduce patients' pain and allow them to have healthier and more active lives.
But what happens when your patients file complaints against you, accusing you of incompetent, unprofessional, or illegal conduct? Suddenly, you have to figure out how to defend yourself, protect your reputation and your license, and ensure that the complaints don't derail your career. It's important that you understand the Arizona-specific requirements for professional and appropriate conduct with your patients, as well as what happens when someone files a formal complaint against you.
Arizona has more than 15,000 physical therapists working throughout the state, with more than 90 percent of those working in urban areas. That means major cities like Phoenix and Tucson have the lion's share of patients, but some smaller rural towns in Coconino and Yavapai counties have a higher per capita rate of physical therapists. With the dense concentration of physical therapists working in these locations, the likelihood of patient complaints increases. Regardless of where in Arizona you're practicing physical therapy, you need to make sure you have the best legal team available to defend you against complaints.
If you're facing one or more complaints against you as a physical therapist in Arizona, the Professional License Defense Team at the Lento Law Firm is here to help. We'll guide you and protect your rights throughout the complaint process and give you the best chances to come through it all unscathed. Call 888-535-3686 or complete our confidential contact form to learn more.
Who Oversees Physical Therapists in Arizona?
As a licensed physical therapist, you've already passed the National Physical Therapy Examination, which the Federation of State Boards of Physical Therapy (FSBPT) administers, and you've graduated from a physical therapy educational program with an accreditation from the Commission on Accreditation in Physical Therapy Education.
Individual state regulatory boards oversee physical therapist licensure. In Arizona, that responsibility falls to the Arizona State Board of Physical Therapy. In addition to the national exam and education requirements, the board also requires physical therapists to pass the Arizona Jurisprudence Examination for an Arizona state license.
The Arizona State Board of Physical Therapy also regulates physical therapy practice in the state, establishes continuing competence and testing requirements, and is responsible for investigating complaints, managing the disciplinary process, and determining outcomes.
The FSBPT also has a PT Compact that enables physical therapists to practice in multiple states. The PT Compact allows physical therapists licensed in one state to practice in other member states once they've completed the required criteria. Regardless of whether you hold an Arizona physical therapist license or you're practicing in Arizona with a license from another state, you're still subject to the Arizona State Board of Physical Therapy's disciplinary process for any complaints that occur while you're working within the state.
The American Physical Therapy Association (APTA), a non-profit professional membership organization representing physical therapists nationwide, has a Code of Ethics and Guide for Professional Conduct that physical therapists must follow. While APTA is not a regulatory body, the Arizona State Board of Physical Therapy makes following the code of ethics mandatory for those licensed in the state, and violations can lead to disciplinary action.
What Actions Can Get You into Trouble?
Despite your best efforts to provide the highest level of patient care, patients will sometimes feel dissatisfied with your treatment or offended by something you've said or done. Regardless of whether your alleged misconduct was intentional or accidental, complaints of negligence or misconduct can lead to stressful disciplinary processes that can have a lasting impact on your career as a physical therapist.
Here are some examples of misconduct that can lead to disciplinary action in Arizona:
- Practicing or offering to provide treatment that's beyond the scope of what your license authorizes.
- Lying about or misrepresenting information to earn your license. For instance, your Arizona license application and renewal require you to show proof that you've met the educational requirements for the license and to disclose any disciplinary actions, malpractice judgments, or criminal convictions. Providing false information or failing to disclose required information can lead to disciplinary action.
- Providing substandard care through deliberate or negligent behaviors, regardless of whether the patient has an established injury.
- Practicing under the influence of controlled substances or other habit-forming drugs, chemicals, or alcohol, or when you have impaired physical or mental capabilities due to disease or trauma.
- Getting a conviction of a felony or of a misdemeanor involving moral turpitude.
- Practicing with a suspended or revoked license.
- Engaging in sexual misconduct. You can't have a sexual relationship with a patient, even if it's consensual. You can't make verbal or physical sexual advances, and you can't intentionally view a patient when they're partially or completely disrobed. Considering the inherently physical nature of your practice, you must take great care to make sure you don't cross boundaries or act inappropriately.
- Engaging in dishonest billing practices, including charging patients fraudulent fees.
- Accepting gratuities for physical therapy services.
- Failing to maintain patient confidentiality.
- Representing yourself or your practice in any false or misleading ways.
- Helping another person perform physical therapy services if they don't have a license.
- Promoting unnecessary treatment for financial gain.
- Failing to maintain adequate patient records.
- Failing to complete license-mandated continuing competence requirements. Arizona requires physical therapists to complete 20 hours of continuing competence during each renewal period.
These are just a few of the violations that constitute grounds for patient complaints. Even if you didn't actually commit the violation, if a patient files a complaint against you, you'll still have to go through the long and difficult process of defending yourself.
What Happens When You Have a Complaint Filed Against You?
When a patient files a complaint with the Arizona State Board of Physical Therapy against a physical therapist, the patient must include basic information about themselves and must list the physical therapist by name. The board won't accept complaints that only identify a clinic or facility. This means that if someone files a complaint against you, it will specifically accuse you of wrongdoing, rather than only the place where you practice. The complainant must provide as much detail as possible about the nature of the incident, including any documents or records that may incriminate you.
Once the board receives a complaint against a physical therapist licensed in the state, it will first decide whether the complaint falls within the realm of its authority and whether the accusations, if they're true, would break the law. The board will then provide the physical therapist in question with a written notification of the complaint and request a written response to the allegations within 30 days. You may also receive a subpoena that requires you to provide the patient's records.
The board will then conduct its investigation, which can include interviews, witness testimonies, review of patient records, and review of the clinic or facility. Once the board investigator completes this initial investigation, the complaint moves to the full board for review at its next public meeting. This isn't a hearing. The board is simply reviewing the case. Both the person filing the complaint and the physical therapist under investigation can attend this meeting and briefly address the board.
The full board will then decide whether it believes there has been an actual violation of the law. It can decide that there has been no violation and dismiss the case, or it can determine that it needs more information and continue the investigation. If the board believes the complaint is legitimate, it can send the matter on to either an informal or formal hearing. In an informal hearing, the full board will conduct interviews and can then issue its decision.
If the board believes the allegations are serious and can lead to license suspension or revocation, it will likely hold a formal hearing. In this case, the board will notify the accused physical therapist using a formal process called a Complaint and Notice of Hearing, which will describe all the specific charges against you. The hearing itself will take place either before the board or before an administrative law judge from the Arizona Office of Administrative Hearings. The entire investigation process and determination of the outcome can take several months to complete.
What Kinds of Disciplinary Penalties Can You Receive?
If the Arizona State Board of Physical Therapy decides that a physical therapist licensed in the state has violated the law in their practice, the board has the authority to determine a range of penalties. The board can:
- Issue a decree or censure, which is essentially a warning or formal notice of your wrongdoing.
- Limit where you can practice, what therapies you can administer, who must supervise you, how long your license is valid, or what conditions you can treat.
- Suspend your license for a predetermined amount of time.
- Permanently revoke your license.
All of these disciplinary actions will become part of your public record. Because of this, any disciplinary actions against you can impact your future career, even if you still have your license. You'll have to disclose your penalties to future employers, and potential patients can also find out about your past disciplinary actions.
If the board decides you didn't actually violate the law but are still guilty of misconduct, it can issue an advisory letter. This letter doesn't involve any disciplinary action but will still be part of your public record.
The Lento Law Firm Will be by Your Side
Once the Arizona State Board of Physical Therapy receives a complaint against you and starts an investigation, you have the right to attorney representation, regardless of the severity of the complaint or length of the disciplinary process. Even if the complaint feels unjustified or trivial, don't take it lightly. The investigation and disciplinary process will still be serious and can threaten your career. If you receive notification of a complaint, you should have a strong legal team by your side as soon as possible. Don't worry that having a legal team will make you appear guilty. The board will expect you to take the matter seriously, and having legal representation shows that you're committed to resolving the issue.
The Lento Law Firm's Professional License Defense Team has years of experience defending physical therapists in Arizona and nationwide against complaints that jeopardize careers. We'll help you:
- Assess the allegations against you and determine their validity and in what ways they violate the law.
- Understand the investigation process.
- Identify and gather the evidence that best supports your case.
- Work with the Arizona State Board of Physical Therapy and communicate on your behalf.
- Negotiate with the board for leniency or dismissal of charges.
- Represent you at board meetings and formal or informal hearings.
- Help minimize penalties and give you the best chances to protect your license and move forward in your career.
You've worked too hard to earn your Arizona physical therapist license and build your career and reputation as a respected physical therapist to allow a complaint to derail your career and your future. Regardless of whether you're facing false or exaggerated allegations or trying to remedy mistakes you've made, the Professional License Defense Team at the Lento Law Firm will help you make it through this trying situation with minimal consequences for your reputation and license. We have extensive experience representing healthcare professionals, including physical therapists, and defending them against complaints that pose a risk to their licensure. Contact us at 888-535-3686 or via our online contact form, and we'll help you make sure your physical therapy career stays on track.
