As a licensed physical therapist, your professional focus is on enhancing the mobility of your patients, alleviating their physical pain, preventing additional injuries, and helping them live healthier, more active lives. You've spent years training and learning the best exercises, manual therapies, and other approaches to target your patients' specific injuries and difficulties. You're dedicated to adhering to best practices, showing your patients the utmost respect, and acting in an appropriate, productive manner during treatment sessions.
But despite your best efforts, sometimes you can make mistakes, or your patients can feel like you've acted unprofessionally in some capacity. If one of your patients feels dissatisfied and files a complaint against you, you'll have to go through a stressful disciplinary process and do everything you can to protect your physical therapist license.
Massachusetts has roughly 10,000 physical therapists licensed across the state, with more than half of those in the greater Boston area alone. In densely populated areas such as this one, the greater concentration of patients needing physical therapy increases the likelihood that patients will file complaints against their physical therapists. Whether you're working in Boston or in a smaller Massachusetts town, facing a complaint is serious business that can threaten your career.
If you're confronted with a formal complaint containing allegations from a patient that you've acted unprofessionally or in a way that violates your physical therapist code of conduct, you need to turn to a legal team that will protect your rights throughout the disciplinary process and facilitate the best possible outcome. The Professional License Defense Team at the Lento Law Firm has years of experience defending physical therapists in Massachusetts and nationwide against allegations that threaten their license. Contact us at 888-535-3686 or complete our confidential contact form to learn more.
Who Regulates Physical Therapy in Massachusetts?
Each state has its own regulatory body that licenses physical therapists and oversees this component of medical care. In Massachusetts, the Board of Allied Health Professions, a branch of the state's Department of Public Health, evaluates qualifications and issues physical therapist licenses, establishes physical therapist rules and regulations, and manages and investigates formal complaints. Within the Board of Allied Health Professions, the Bureau of Health Professions Licensure (BHPL) oversees licensing of physical therapists and other healthcare professionals in Massachusetts.
While physical therapist licensing and regulation are state-specific, there are also nationwide organizations that have authority over certain components involved in earning and maintaining your license. These include the Commission on Accreditation in Physical Therapy Education, which accredits physical therapy educational programs nationwide, and the Federation of State Boards of Physical Therapy, which administers the National Physical Therapy Examination all physical therapists must pass to earn a license.
Additionally, the American Physical Therapy Association (APTA) has created a Code of Ethics and Guide for Professional Conduct. APTA doesn't regulate physical therapy; it's a non-profit organization representing professional physical therapists across the United States. Individual state regulatory bodies, including Massachusetts' Board of Allied Health Professions, nonetheless consider APTA's Code of Ethics as the mandatory code for professional physical therapy conduct. Violations of this code constitute grounds for disciplinary action.
What Happens When a Patient Files a Complaint Against You?
According to the Massachusetts Board of Allied Health Professions website, “Our top priority is the protection of patients and consumers.” As such, the board will take very seriously any complaint a patient files against a physical therapist for misconduct or substandard treatment. The board gives patients the right to file a complaint with the BHPL if a physical therapist violates standards of professional conduct.
Patients can file complaints via an online or paper form. They must provide as much detail as possible about the complaint and can include any documentation that supports their allegations, including medical records, correspondence, photos, and contracts. The bureau can also request medical records if they're relevant to the complaint.
The BHPL will assess whether the complaint constitutes potential violations of the law or regulations. If the bureau determines a possible violation, it will open an investigation and notify the physical therapist of the complaint. The investigation will include interviews, review of relevant documentation and patient records, and testimony from witnesses.
Upon completion of the investigation, the board will decide whether the complaint is legitimate and a violation of regulations. Based on this decision, the board can then either dismiss the complaint or schedule a hearing where both the patient making the complaint and the physical therapist can present their cases. The board will then make a decision about appropriate penalties.
What Actions Can Lead to Complaints for Physical Therapists in Massachusetts?
Words like “unethical,” “inappropriate,” and “misconduct” can all mean a lot of different things. As a licensed physical therapist in Massachusetts, it's important that you understand exactly what behaviors constitute valid grounds for complaints and disciplinary action against you. These are some of the things you need to make sure you avoid doing:
Unethical conduct: The APTA Code of Ethics outlines the specific behaviors that you need to make sure you adhere to. Among the many behaviors that qualify as unethical are sexual misconduct, substance abuse, and patient abuse. You also can't discriminate against patients on the basis of race, religion, or gender.
Sexual misconduct. You can't have any kind of sexual relationship with a patient, even a consensual one. While you obviously must physically touch your patients, you need to be very diligent to avoid anything the patient could construe as a sexual advance. Be sure to also avoid verbal sexual advances.
Substance abuse: You can't practice while under the influence of any drugs or alcohol. Massachusetts offers professional recovery systems for physical therapists who are dependent on drugs or alcohol, but you can still get in trouble even if you qualify for this program.
Patient abuse: You must make sure you're not handling or touching your patients in any way that can cause them injury. Take special care with elderly patients who are more fragile and may bruise easily.
Unlicensed facilities: Massachusetts requires a license for physical therapy facilities to ensure they comply with outlined standards. Practicing at an unlicensed facility is grounds for disciplinary action.
Substandard care: Patients who feel you are being negligent in your treatment or are providing inadequate care can file a complaint against you.
Poor documentation: Practicing physical therapy involves a lot of paperwork, but you must be sure to accurately and adequately document the care you are providing and recommending to each patient.
Obstructing the Board of Allied Health Professions: If the board determines you're interfering with its responsibilities, it can pursue action against you. This means you must comply with any information or record requests the board gives you related to complaints against a facility or other physical therapist.
Practicing without a license: If you practice without a license, including a suspended or revoked license, you're subject to disciplinary action. Additionally, Massachusetts physical therapists must renew their license every 2 years and complete continuing education requirements for each renewal. Continuing to practice without renewing your license is a violation.
Falsifying credentials: If you obtained or tried to obtain your license through fraud or deception, you are violating Massachusetts law.
Acting beyond the scope of practice: Each state authorizes physical therapists to practice specific activities. You can't perform any therapy activities outside the scope of what Massachusetts allows. You need to pay special attention if you're coming to Massachusetts after practicing in another state.
Violating patient confidentiality: Patient confidentiality is one of the tenets of the medical profession. Any violations are grounds for disciplinary action.
The BHPL can assess a range of disciplinary penalties based on the severity and frequency of the violations the board has determined you committed. Penalties can include:
- Reprimand
- Censure
- Probation
- Fines
- License suspension, revocation, or cancellation
Does Fraud Constitute Grounds for a Complaint?
Certain types of complaints fall outside the authority of the Board of Allied Health Professions. These include fee and billing disputes, such as the amount of service charges or payment for missed appointments. The board also won't address personality conflicts unless they're severe enough to qualify as unprofessional conduct. If a patient has allegations of healthcare fraud, such as fee and billing disputes, they can still file a complaint against you with the Health Care Fraud Unit (HCFU), an enforcement entity at the BHPL.
The HCFU will investigate and prosecute fraud complaints and negotiate and enforce disciplinary action. Fraudulent actions that fall under the HCFU's authority include:
- Excessive or false billing
- Improper referral relationships
- Charging for services you didn't provide
- Selling or sharing provider numbers
- Offering incentives to beneficiaries
- Falsifying credentials, diagnosis codes, or medical conditions, care, and results
The Reality of Disciplinary Actions
It may be difficult to fully understand how different kinds of complaints against you can lead to penalties that cost you money and limit your license. To give you a better idea of how the BHPL handles and punishes complaints, here are a few examples of actual disciplinary actions the board has taken against physical therapists in the state:
- The board put a physical therapist on probation for drug abuse.
- A physical therapist had to pay a fine for operating with an expired or inactive license.
- A physical therapist had to pay a fine for operating without a license.
- The board assessed a fine and put a physical therapist on probation after determining she was guilty of unprofessional conduct.
- The board put a physical therapist on probation for committing healthcare fraud.
- The board put a physical therapist on probation and mandated continuing education after determining that he committed unethical conduct, unprofessional conduct, and violation of confidentiality.
- The board put a physical therapist who violated patient confidentiality on probation and required her to undergo continuing education.
- The board imposed a fine and required continuing education for a physical therapist who failed to release medical records.
These are just a few examples of the types of issues and penalties physical therapists in Massachusetts have faced in the past. It's easy to see how violations can quickly lead to serious consequences for your livelihood and career.
What Should You Do When You're Facing a Complaint?
If a patient files a complaint against you, don't panic! You may feel like the complaint is wrongly accusing you or exaggerating minor incidents. Or maybe you know you made a mistake and simply want to correct it. It's undoubtedly scary to have your license threatened and your career at risk. Whatever the situation, the first step you should take is to arm yourself with legal representation to help you through the disciplinary process.
The Lento Law Firm's Professional License Defense Team should be your first stop in addressing this issue. Our attorneys have years of experience dealing with complaints against physical therapists in Massachusetts and across the United States. We understand the Massachusetts-specific laws and legal processes. We know the best approaches for addressing false or exaggerated allegations, as well as for trying to remedy legitimate legal and ethical violations.
Working with the Lento Law Firm can benefit you in many ways:
- We'll review the complaints against you, help you understand all the specifics of the complaints, and determine their legal ramifications.
- We'll help you gather critical evidence to support your case and assess the evidence the complainant is presenting against you.
- We'll protect your rights throughout the disciplinary process.
- We'll work with the BHPL to communicate on your behalf.
- We'll negotiate for leniency or dismissal of charges.
- We'll represent you in any meetings or hearings and present a sound defense on your behalf.
Your physical therapist license is the foundation of the career you've surely worked so hard to build. You don't want complaints against you to harm your reputation and limit your ability to work as a physical therapist. You need to do everything you can to ensure that you maintain your license and can continue moving forward in your career. The Professional License Defense Team at the Lento Law Firm will help minimize any negative consequences following a complaint and provide the optimal support to help you through this trying experience. Contact us at 888-535-3686 or via our online form to get started.
