In South Carolina, physical therapists (PTs) and physical therapy assistants (PTAs) provide important care, support, and therapy to patients of all ages. From Charleston, Columbia, and Greenville to Mount Pleasant, Rock Hill, Spartanburg, and all the communities in between, PTs and PTAs work in schools, hospitals, rehabilitation and long-term care facilities, athletic or recreation organizations, and medical offices. These professionals may also provide in-home services. They help children and adults improve mobility by developing care plans to improve muscle strength, increase flexibility, and integrate therapeutic aids to facilitate patient movement.
PTs and PTAs observe their patients' movements and listen to their symptoms to create and implement care plans to ease pain and improve movement through exercises, therapeutic aids, and supportive equipment. PTs and PTAs witness many of their patients' most personal struggles, including their recovery from illness or injury.
When you are a PT or PTA committed to your patients and focused on their health and wellness, you may be surprised to learn that a complaint has been filed against you. Don't let an unexpected complaint derail your career.
At the Lento Law Firm, we defend PTs and PTAs accused of misconduct in South Carolina. Regardless of the allegations, our experienced attorneys can partner with you to defend your license and your livelihood. To speak with our Professional License Defense Team, call our offices at 888-535-3686 or contact us online.
South Carolina's Board of Physical Therapy Examiners
The South Carolina Department of Labor, Licensing and Regulation (the Department) and its Board of Physical Therapy Examiners (the Board) manage the licensure and discipline of PTs and PTAs.
South Carolina's governor appoints the Board's eleven members, which must include:
- Seven PTs.
- Two PTAs.
- Two individuals from the general public.
Members serve four-year terms.
South Carolina's License Disciplinary Process for Physical Therapists
To protect the public and ensure patients receive safe, high-quality therapeutic support, South Carolina has developed robust license disciplinary procedures for licensed healthcare professionals, including PTs and PTAs.
The Complaint
The Department's Office of Investigation and Enforcement (OIE) investigates complaints against PTs and PTAs. Complaints against a PT or PTA may be made by mail, fax, or online portal.
Anyone can file a complaint against a PT or PTA. Patients, family members of patients, colleagues, and coworkers are often the source of license complaints. The Board can also file a complaint on its own initiative.
The Investigation
The complaint is reviewed, and if it falls within the authority of the Board, the OIE begins an investigation.
The investigator from the OIE will notify the accused licensee about the complaint and offer them the opportunity to respond.
If you are the subject of an OIE investigation, your initial response is your first chance to explain your circumstances. This is an important opportunity to tell your side of the story. It is crucial to understand that any information you provide to the investigator could be used against you during the disciplinary proceedings. The Lento Law Firm can help you prepare a thoughtful response for the investigator as part of a broader license defense strategy.
After the investigation is completed, an Investigation Review Conference (IRC) is convened. The parties to the IRC include the investigator, the chief investigator, and the Board administrator. Based on the investigation, the IRC recommends an appropriate disposition of the complaint to the Board.
The Board Response
The Board reviews the IRC's recommendations and makes its decision to:
- Dismiss the complaint, closing the case and taking no further action;
- Issue a letter of caution, advising the licensee that the Board determined that although no statutory violation occurred, the licensee should ensure their compliance with a particular statute or regulation; or
- Issue a formal complaint, which will include the allegations and be served on the accused licensee.
If the Board proceeds with a formal complaint, the accused licensee may have the opportunity to negotiate a settlement.
The Formal Complaint and Consent Agreement
In response to a formal complaint, an accused licensee may be able to negotiate a consent agreement. A consent agreement provides an opportunity to resolve the formal complaint without a hearing by voluntarily agreeing to the facts, statutory violations, and sanctions. Our Professional License Defense Team can negotiate a settlement on your behalf and help ensure that any agreement furthers your priorities and best interests.
If a settlement cannot be reached, the matter is considered a contested case, and a full hearing will be held.
The Hearing
The Board will conduct a hearing consistent with South Carolina's Administrative Procedures Act. The accused licensee may be represented by an attorney at the hearing. The parties to the hearing may examine witnesses and present evidence.
At the end of the hearing, the Board may vote on the disposition of the case or take the matter under advisement.
The Lento Law Firm can represent you during a formal hearing and advocate for a favorable determination on your behalf.
The Sanctions
If the Board determines that a licensing violation has occurred, the Board may sanction the licensee by issuing a public reprimand, levying a fine, or by restricting, suspending, or revoking the professional license.
The Final Order
After the hearing, the Board will issue a final order. If the Board finds that a statutory violation has occurred, the order will include specific findings of fact and conclusions of law to explain the ruling.
In the alternative, the Board could determine that no violation occurred and dismiss the complaint.
The licensee has 30 days to appeal the Board's adverse order to South Carolina's Administrative Law Court.
South Carolina's license disciplinary process is adversarial and has far-reaching consequences. Instead of facing the accusations and the hearing alone, you can partner with the experienced attorneys of the Lento Law Firm. We can represent you and your best interests throughout the disciplinary process. Let our Professional License Defense Team create and implement a comprehensive defense strategy on your behalf.
The Adverse Impact of Disciplinary Proceedings
If you want to work as a PT or PTA in South Carolina, you need a license. A threat to your license is a threat to your livelihood and future. These stakes are too high to ignore.
A misconduct allegation alone can hurt your reputation. An adverse disciplinary decision or sanction could end your current employment and make finding a new position in your chosen profession difficult.
Accused professionals often become overwhelmed by the stress of an ongoing investigation, the contentious nature of an adversarial hearing, and the uncertainty of its outcome. Too often, licensees accused of wrongdoing become isolated, losing access to peers, colleagues, and mentors and turning away from friends and family.
After years of education, clinical internships, and professional practice, you have a career that you love. The work you do helps others and provides the financial foundation for your life and future. The Lento Law Firm Professional License Defense Team understands the importance of your profession. You can count on us to manage your license defense, just like your clients depend on you.
What Types of Conduct Can Lead to a Disciplinary Investigation, Hearing, and Sanction in South Carolina?
In South Carolina, a PT or PTA may be sanctioned for misconduct, including:
- Making false statements, using fake or fraudulent documents, or acting deceitfully or dishonestly to obtain a license.
- Having a license to practice in another state canceled, revoked, suspended, or subject to other discipline.
- Obtaining fees under fraudulent circumstances.
- Acting dishonorably, unethically, unprofessionally, or in a manner likely to deceive, defraud, or harm members of the public.
- Lacking the professional or ethical competence to practice.
- Being convicted or pleading guilty or nolo contendere to a felony or a crime involving drugs or moral turpitude.
- Practicing while under the influence of drugs or alcohol.
- Using drugs or alcohol to the extent that you are unfit to practice.
- Treating patients in a manner that is outside the scope of physical therapy.
- Changing or modifying the patient care instructions from a health care provider without consultation and approval of the provider.
Additionally, South Carolina is committed to protecting patients from sexual abuse or exploitation by a PT or PTA. A PT or PTA may face discipline for sexual misconduct, including:
- Engaging in or soliciting a consensual or nonconsensual sexual relationship with a patient while the PT or PTA relationship exists.
- Making sexual advances, requesting sexual favors, or engaging in other verbal or physical contact of a sexual nature with patients
- Intentionally viewing a partial or completely undressed patient if the exposure is not related to patient evaluation or treatment under current practice standards.
For a PT or PTA who has committed their career to patient care, it can be devastating to learn that they have been accused of misconduct. If you are unfamiliar with South Carolina's professional license disciplinary procedures, it may be overwhelming to try to untangle the license disciplinary rules and procedures.
Let the Lento Law Firm help. We can partner with you to defend your PT license and your livelihood.
How Can the Lento Law Firm Help During a License Disciplinary Investigation or Hearing?
In South Carolina, the Board is not concerned with protecting you, your license, or your career. When you learn a complaint has been filed against you, contact the Lento Law Firm.
Our Professional License Defense Team can serve as your legal advisors, applying our knowledge of South Carolina's law, regulations, and administrative procedures to advocate on your behalf during disciplinary investigations and administrative hearings. After analyzing the complaint, the Lento Law Firm Team can develop a comprehensive license defense strategy to challenge the allegations against you and ensure that your notice and due process rights are upheld.
The Professional License Defense Team can work with you, helping you prepare for any interview or hearing. During settlement discussions, our attorneys can negotiate on your behalf.
It is often necessary that the accused licensee admit to some wrongdoing and agree to a sanction to obtain a consent agreement and avoid the uncertainty of an administrative hearing. Whether or not you should resolve a license complaint through a consent agreement depends on you, the facts of the case, the terms of the agreement, and your priorities. It is critically important that you understand the nuances of your agreement before you sign it. Never sign a settlement agreement without understanding all of its terms.
If the formal complaint proceeds to a hearing, the Lento Law Firm can advocate on your behalf before and during the hearing. Additionally, if the Board issues a final decision and sanctions against you, we can help develop an appellate strategy.
Protect Your License in South Carolina
The sooner you contact the Professional License Defense Team, the sooner we can help. Regardless of where you are in the disciplinary process, the experienced attorneys with the Lento Law Firm can review your case, let you know your options, and help you develop and implement a strategy to challenge any allegation against you.
At the Lento Law Firm, we protect South Carolina's PTs, PTAs, and their licenses. We understand that your work is both a profession and a calling. Your patients need your knowledge and expertise to improve their health and well-being. And you need your license to provide this critical therapy.
It can be overwhelming and isolating to learn that a complaint has been filed against your license. You may not know what to do or be afraid of responding. Don't let fear make the situation worse. License complaints don't disappear on their own. To protect yourself and your future, partner with the Lento Law Firm and build the defense team you need.
Across South Carolina, we help physical therapists and physical therapy assistants challenge accusations, respond to complaints, and navigate license investigations, hearings, and sanctions. The sooner you contact the Lento Law Firm, the sooner we can fight on your behalf. Call the Lento Law Firm at 888-535-3686 or complete a confidential online form to discuss your case.
