If you are a physical therapist in Virginia, your license is the cornerstone of your career. Your professional reputation matters too, regardless of whether you are practicing in big cities such as Virginia Beach, Richmond, Norfolk, or D.C. suburbs like Alexandria, Arlington, or Fairfax. You have spent countless years earning your degree, completing clinical training, and dedicating yourself to patient care. But a single complaint or allegation can threaten everything you've worked for. Your professional reputation can be tarnished forever. Your degree could even be revoked.
The Virginia Board of Physical Therapy, the commonwealth's regulatory authority, has the power to investigate and impose severe consequences. The Board has a ruthless record, often imposing discipline for seemingly minor allegations. Many physical therapists who thought they could “just talk things out” with the Board have found themselves slapped with outrageously high fines, long suspensions, or even full license revocation. The Board does not play around when it comes to complaints and allegations of misconduct, and neither should you.
The Lento Law Firm stands ready to defend physical therapists. Our team can handle the Board while you focus on caring for patients. Through our years of experience defending physical therapists, we fight to protect your rights and keep your career intact. Do not wait until it is too late. Call the Lento Law Firm at 888.535.3686 today or tell us about your case on our online contact form to take the first step in protecting your reputation and your license.
The Virginia Board of Physical Therapy and the Department of Health Professions
The Virginia Board of Physical Therapy, operating under the Department of Health Professions (DHP), is the main authority responsible for licensing and regulating physical therapists and physical therapist assistants in the Commonwealth. The Board was established to protect Virginia's citizens, their health, and their safety. Virginia's Administrative Code gives the Board broad powers to enforce its mission.
The Board of Physical Therapy consists of seven board members. Five members must be licensed physical therapists, one member must be a licensed physical therapist assistant (PTA), and the final member is a “citizen member” appointed by the governor. This group oversees licensure, continuing education requirements, and disciplinary actions. Physical therapists and physical therapist assistants must hold an active, unencumbered license to practice. Any deviation from regulatory standards, Virginia law, or standard operating procedure can trigger Board scrutiny. Scrutiny can range from an informal censure to license revocation.
The Department of Health Professions' Enforcement Division is largely responsible for handling complaints and investigations submitted to the Board and the Enforcement Division itself. Much like the Board, the Enforcement Division has broad authority to probe allegations, gather evidence, and recommend disciplinary measures.
For physical therapists who find themselves under scrutiny by the Board or the Enforcement Division, the stakes could not be higher. The Department of Health Professions prioritizes public protection above all else. This is because Virginia considers the ability to work in a licensed profession to be a privilege, not a right. Additionally, the Department only needs to demonstrate that a physical therapist “more likely than not” engaged in misconduct to impose sanctions. As a result, physical therapists and physical therapist assistants who forgo legal representation throughout the disciplinary process often receive far worse outcomes than those who hire an attorney.
Common Grounds for Disciplinary Action Against Physical Therapists
Physical therapists and physical therapist assistants in Virginia face a range of potential violations that can prompt an investigation. Virginia's Physical Therapy Standards of Practice outlines specific grounds for discipline, reflecting the Board's commitment to upholding professional standards.
Some of the more frequent reasons an investigation is launched include:
- Inaccurate Documentation. Virginia law explicitly requires physical therapy practitioners to keep “timely, accurate, legible, and complete” patient records. Records need to be kept for at least six years following the last treatment session. For children under 12, the records must be kept until they are 18. Failing to do so can trigger allegations of fraud or abuse.
- Medication Violations. Virginia's Drug Control Act allows physical therapists to possess and administer some prescription medications. Giving medications improperly, especially if it results in harm to a patient, often launches intense investigations.
- Improper Supervision of Assistants or Aides. The Department holds physical therapists responsible for the actions of physical therapist assistants and aides under their supervision. Allowing unlicensed or inadequately trained staff to perform restricted tasks is considered a serious violation.
- Patient Boundary Violations. This includes engaging in inappropriate relationships or failing to maintain professional boundaries with patients. Personal or sexual interactions, even if entered into voluntarily with the patient, are strictly prohibited during treatment.
- Substance Abuse. Evidence of drug or alcohol misuse, particularly if it impairs patient care, can prompt immediate investigations.
- Fraudulent and Inaccurate Billing Practices. Submitting false claims to insurance providers or Medicare/Medicaid can lead to investigations, even if done so unintentionally. Extreme cases can lead to civil and/or criminal liability.
- Negligent or Substandard Care. Providing treatment that falls below the accepted standard of care is likely the most common basis for complaints.
Allegations, whether substantiated or not, can arise from complaints filed by patients, colleagues, employers, or other regulatory agencies. Even unfounded allegations require a thorough investigation, placing significant pressure on the accused professional and putting their reputation at risk.
The Disciplinary Process in Virginia
The Virginia Board of Physical Therapy follows a structured process when handling complaints. Understanding this process is critical for physical therapists facing allegations, as it determines the timeline, evidence collection procedures, and potential outcomes.
The investigation unfolds in several stages:
- Complaint Receipt. While the Department does not need a complaint to launch an investigation, most investigations begin as the result of a complaint. Complaints can originate from various sources, including patients, coworkers, insurers, out-of-state authorities, or law enforcement. Complaints can be filed anonymously online. The Department's Enforcement Division reviews each complaint to determine if it falls within the Board's jurisdiction and warrants investigation.
- Initial Notification. If the complaint is deemed valid, the Board notifies the physical therapist in writing, typically via a letter outlining the allegations. This notice may request a written response or specific patient records. Once you receive formal notice, it is important to contact the Lento Law Firm's Professional License Defense Team. A poorly drafted response can accidentally incriminate you or give the Enforcement Division the opportunity to use your own words against you.
- Investigation. The Enforcement Division assigns an investigator who may conduct interviews, subpoena documents, and inspect your facilities. Investigations can be administrative (primarily done by phone and email) or field-based (including in-person interviews and site visits). The investigator compiles evidence to assess whether a violation occurred.
- Informal Conference. If the evidence suggests a violation occurred, the Board may offer an informal conference. The therapist, preferably accompanied by a member of the Lento Law Firm Team, presents their case to a Board subcommittee. Outcomes may include dismissal, a consent agreement (private discipline), a consent order (public discipline), or a recommendation for a formal hearing.
- Formal Hearing: If a resolution cannot be reached, a formal hearing before an administrative law judge or the full Board follows. This proceeding allows both sides to present evidence and witnesses. The Board issues a final decision, which may include sanctions or dismissal of the complaint.
Although the disciplinary process can be daunting, practitioners have due process protections. This includes the right to legal representation, to know the basis of any formal complaint, to challenge evidence, and to appeal adverse consequences to a court of law. Physical therapy practitioners who go through the process alone rarely know their rights or how to enforce them. The Lento Law Firm's Professional License Defense Team has many years of experience negotiating with the Board and appealing adverse consequences. By retaining the Lento Law Firm, you exponentially increase your odds of getting the case dismissed and receiving a favorable outcome.
Consequences of Disciplinary Action
Consequences can profoundly impact a physical therapist's career, reputation, and financial stability. Potential outcomes include:
- Reprimand. This is a formal warning that becomes part of the public record. While not as severe as a suspension, your professional credibility is harmed.
- Fines. Fines can range from hundreds to thousands of dollars, depending on the violation(s).
- License Suspension. This is a temporary loss of the ability to practice. Reinstatement is rarely automatic. Instead, there are often conditions for reinstatement, such as completing remedial education or treatment programs.
- License Revocation. Revocation can be a permanent loss of licensure, effectively ending the therapist's ability to practice in Virginia. However, in some instances, a revocation may effectively be a “long-term suspension”, with the license being eligible for reinstatement after making a strong showing of rehabilitation after several years.
- Probation. A period of monitored practice with restrictions, such as mandatory supervision or a limited scope of work.
- Loss of Direct Access. Virginia requires a special license for physical therapists to engage with patients without a referral from a physician. It is possible that this license may be revoked, while the underlying physical therapy license remains intact.
Beyond sanctions imposed by the Board, disciplined therapists often face civil lawsuits or criminal charges stemming from the misconduct. Additionally, the public nature of disciplinary records can permanently damage professional relationships and patient trust. The Lento Law Firm Professional License Defense Team has experience defending its clients beyond the disciplinary process, including in both civil and criminal law.
The Long-Term Impact of Disciplinary Actions
Disciplinary actions can permanently alter your career trajectory. Public reprimands, suspensions, and informal conferences are publicly posted on the Department's website. Additionally, the Department maintains a search engine for physical therapists, which employers and patients can use to see your professional discipline record.
When a patient, employer, or business partner googles your name and the first thing they see is disciplinary proceedings, you have instantly lost their trust. For therapists in private practice, public sanctions may trigger insurance audits or contract terminations.
Additionally, the emotional toll of investigations cannot be overstated. The stress of defending your license and potentially losing the career you have spent over a decade building puts untold strain on your mental health.
The Lento Law Firm recognizes that the effects of the disciplinary process extend far beyond your license. We offer more than just legal advocacy. Our team takes a holistic approach, offering guidance on managing the broader impact of disciplinary proceedings.
How The Lento Law Firm's Professional License Defense Team Assists Physical Therapists
Facing a complaint or investigation from the Virginia Board of Physical Therapy is a challenge. However, you do not have to fight the allegations alone. The Lento Law Firm's Professional License Defense Team focuses its practice on defending licensed professionals across Virginia. With deep knowledge of Virginia's regulatory framework, we provide strategic representation at every stage of the disciplinary process. This means that while we handle the Board and its investigators, you can focus on treating patients.
Our approach begins with a thorough case evaluation. We analyze the complaint and the evidence to immediately begin your defense. We advise clients on responding to Board inquiries, ensuring statements are carefully drafted to avoid self-incrimination. During investigations, we negotiate directly with investigators to present your side effectively. Our approach often ends investigations before they escalate.
Protect Your Career by Hiring the Lento Law Firm Today
If you are a physical therapist or physical therapist assistant in Richmond, Virginia Beach, Northern Virginia (NoVA), or any corner of the Commonwealth, a complaint puts your license in the line of fire. While the Virginia Board of Physical Therapy's authority is vast, the Lento Law Firm's experienced legal representation lets you face the allegations with confidence.
Do not wait until a complaint escalates. The earlier you take action, the more you increase your odds of a favorable outcome. Your career is worth protecting. Let us help you preserve it. Call the Lento Law Firm at 888.535.3686 or use our online contact form today to take the first step in protecting your license.
