Famed throughout the United States for its diverse terrain that facilitates a myriad of exhilarating outdoor activities, Colorado satisfies many a thrill seeker. However, it also raises the likelihood of injury. Put together with other illnesses and disorders that are bound to occur everywhere, physical therapists have plenty of work to do in the Centennial State.
However, that doesn't mean that a physical therapist's career is bulletproof. If you're practicing in Colorado and worry about facing investigations and possible sanctions, don't hesitate to get the support you need. Call the Lento Law Firm Professional License Team today at 888.535.3686 or fill out this contact form.
Who Oversees Physical Therapy Licenses in Colorado?
Physical therapy is a vital field in healthcare, so the Colorado Division of Professions and Occupations created the Colorado State Physical Therapy Board to establish and enforce all the relevant rules, policies, and regulations.
This includes determining what qualifies a person to work as a physical therapist within the state's borders. It requires earning a doctoral degree in physical therapy, passing the National Physical Therapy Examination (NPTE), and having an adequate criminal history background check.
After all this, continuing education courses are necessary to maintain a physical therapy license. Most PTs choose programs that teach them about topics and subfields such as ethics, functional anatomy, rehabilitation, kinesiology, emergency medical response, dry needling, trauma treatments, climbing injuries, hospice, end-of-life care, and how to improve specific parts of the body, especially problematic areas like the hips, feet, knees, and core. Some PTs eventually specialize in one or a few of these subfields.
No matter how they branch out in their career, all PTs have the same essential goal, which is to aid patients in recovering or managing injuries, disorders, and medical conditions that impact them physically. Effective care plans help patients gradually obtain or regain the strength, flexibility, and dexterity to control their bodies. Most physical therapists in Colorado carry out these tasks in specialized clinics, private practices, nursing homes, assisted living facilities, schools, and hospitals.
Physical Therapy Professional License Violations in Colorado
Colorado's Physical Therapy Practice Act contains a thorough description of physical therapists' responsibilities and expectations throughout the state. That means there's also a list of ways to violate those responsibilities and expectations. Any of the following actions are considered grounds for disciplinary action in the eyes of the Colorado State Physical Therapy Board.
Subpar Performance
Every physical therapist has different strengths, weaknesses, and styles when treating patients. Mistakes happen to everyone, too. Nevertheless, there's a general standard of quality that all PTs must meet. The board will consider disciplining any PT whose performance consistently falls short of its expectations.
Unnecessary Tests or Treatments
While it's not unusual to try different tests and treatments to see what a patient needs most, no physical therapist should order them without a valid reason. Doing so may confuse and distress the patient and potentially worsen the condition that brought them to you in the first place. You might also be suspected of health insurance fraud; insurers don't want to pay for tests and treatments that are highly unlikely to help.
Patient Abandonment
Since patients depend on you for their physical therapy needs, it's unethical to stop treating them until you've informed them that you're leaving and/or you've arranged for them to work with another therapist. Anything less is regarded by the board as patient abandonment, and you could end up disciplined for any real or potential harm that befalls the patient as a result.
Disrespect for Scope of Practice
Physical therapy training gives you the ability and authority to handle a wide array of healthcare tasks, but not all of them. You must show that you understand and respect your scope of practice by never venturing outside it, and if a patient needs special treatment that you can't provide, you should refer them to someone who can. Otherwise, the board may sanction you for endangering the patient's health.
Unauthorized Practice
As long as you're in good standing with the Colorado State Physical Therapy Board, you can practice physical therapy to the fullest extent allowable for your license. However, if your license has been sanctioned with restrictions, suspension, or revocation, then you must comply. Performing work unauthorized by your license sets you up for more sanctions.
Poor Leadership
Seasoned PTs are often put in charge of assistants or less experienced PTs. It's a great opportunity to develop leadership skills and have a stronger, more positive influence over patient care. However, it also means that you're ultimately responsible for any errors or violations that your subordinates commit, especially if they happened because your teaching skills were lacking or if you weren't supervising closely enough.
Fraud or Misrepresentation
You can't fake your way to being a good physical therapist, and per the Physical Therapy Practice Act, you shouldn't even try. The board is sure to enact swift and harsh sanctions if you're caught lying about your qualifications, falsifying documents, pretending to be someone else, or misleading patients to believe you have skills or authority that you do not.
Sexual Relationships with Patients
From the moment that you agree to a professional contract to the second that it's terminated, you're not allowed to have sexual relations with a patient. The dynamic between a PT and their patient makes the latter vulnerable, so their consent would always be questionable at best.
Plus, the mental and emotional entanglement that tends to accompany sexual activity can negatively impact the treatment and/or the PT's relationships with other patients, who may lose trust in the PT after noticing favor their sexual partner.
Substance Abuse
Alcohol and drugs—legal and otherwise—alter a person's mind. That's one thing when on your personal time, but if you have an addiction bad enough to affect your dependability and performance at work, the board will take issue with it. After all, ignoring it could put you, your colleagues, and your patients at risk due to your poor judgment and impaired cognitive abilities.
Criminal Conviction
The Colorado State Physical Therapy Board won't automatically sanction you for having a criminal record, but it does lower your chances of approval for obtaining or renewing a license. The board especially frowns on crimes that have anything to do with theft, embezzlement, harassment, bullying, intimidation, assault, or nonconsensual sex. These activities all suggest that your character may be unfit for a setting in which you must care for others and protect their personal information.
Failure to Provide Full Disclosure to the Board
To stay informed about all the state's physical therapists and get ahead of any potential issues, the board demands that you notify them about certain issues that could affect your work. For example, you must let them know right away if you're convicted of a crime or were disciplined by a different state physical therapy board. You're also obligated to tell the board if you have any type of mental or physical condition, disorder, or impairment that would limit your ability to care for your patients.
The Disciplinary Process of Physical Therapy License Violations in Colorado
As with a civil or criminal court, the Colorado State Physical Therapy Board needs an organized way of dealing with violations against its statutes. That's why they have a disciplinary process carefully laid out in detail, and the board will use it to investigate any complaints brought up against you. This is how it goes.
Complaint Review
A regulator typically receives written complaints and passes them along to the board's executive director, who decides what to do with it. They must suggest a resolution right away, refer it to someone else, or assign another party to review it in detail through an investigation.
Investigation and Hearing for Complaint
The board's investigation is often tied into a hearing. Between both, the board will consider all the evidence available—including site inspections, documents, photographs, recordings, videos, and communications—as well as listening to witness testimonies, victim statements, and expert assessments of the facts.
This is the part of the disciplinary process in which you can be most involved, so work with the Lento Law Firm Professional License Defense Team to offer evidence and arguments that support your side.
Disposition
Once the investigation and hearing are done, the board will choose a disposition to close the case. If they decide that you're guilty, they can burden your license with any of the following sanctions.
Letter of Admonition
Like a public reprimand, a letter of admonition is a document stating that the board disapproves of your actions and expects better in the future. The upside is that it essentially amounts to little more than a slap on the wrist; the downside is that it's public record, so prospective employers can still find it and turn you down for a job if it bothers them.
Fines
The Colorado State Physical Therapy Board will demand a maximum of $1,000 for first-time violations. Second violations can cost you up to $2,500, while third and subsequent violations might skyrocket to $5,000. Considering how fines can wreck your financial stability and prevent you from buying continuing education courses that would advance your career, these fines are effective at making you think twice about transgressing against the statutes.
Probation
With the board's permission, you may be able to continue practicing physical therapy, but only if you agree to particular conditions. For instance, they might restrict you to certain fields, tasks, places, or shifts, and/or you may be assigned a supervisor to monitor your work and report back to the board. While it's a relief not to suffer an interruption to your career, probation can be cumbersome and limiting to your advancement opportunities.
License Suspension
If the board moves to suspend your license, it will prevent you from practicing physical therapy until you've satisfied their requirements for reinstatement, which may include waiting a specific period of time. Fortunately, a suspension wouldn't spell the end of your career, but it could stunt your growth by keeping you out of the field for so long.
License Revocation
As it would permanently ban you from working as a physical therapist in Colorado, license revocation is the most important sanction to avoid. The state of Colorado doesn't require a specific amount of time to pass before you can petition for reinstatement, but the board might tell you when they would accept your application. You would simply need to be prepared for extra scrutiny, proof of your improvement, and a tougher time getting jobs because of the gap in your resume.
Continuing Education Assignments
Many continuing education courses for physical therapists in Colorado focus on self-improvement. Whether your violation is related to poor emotional regulation, unethical behavior, substance abuse, or another issue, the board might assign you a course that will teach and encourage you to be better. With that done, you might convince the board that you're ready to work again.
Can the Lento Law Firm Help You?
Considering the stressful disciplinary process and everything that's at stake for you, it's easy to feel lost and overwhelmed. If you're asking yourself whether the Lento Law Firm is worth hiring to support you, the answer is a resounding yes.
Boasting a long and shining track record handling cases like yours in Colorado, the Lento Law Firm Professional License Defense Team has the experience and dedication necessary to advocate passionately and compellingly on your behalf. They'll be at your side for every step of the disciplinary process, helping you understand what's happening and what to do to guard against it. With their guidance and assistance, you're far more likely to walk away from this case with your license and career intact.
Keep Your Physical Therapy Career Afloat in Colorado
There will always be a demand for physical therapy services in the exciting state of Colorado. The surest way for you to keep up with that demand and reach your potential as a physical therapist is to do everything possible to protect your license. Contact the Lento Law Firm Professional License Defense Team at 888.535.3686 or fill out this contact form to find out how they can help you.
