Physical Therapy Board of California License Defense Lawyer
The Physical Therapy Board of California, known as the PTB, licenses approximately 25,000 Physical Therapists in the State of California. Most California Physical Therapists have minimal or no contact with the enforcement arm of the Physical Therapy Board of California. For Physical Therapists who become part of the Physical Therapy Board of California’s disciplinary process, the consequences are profound. The Physical Therapist License disciplinary process is complex, procedural and time consuming. Physical Therapists facing the Physical Therapy Board of California disciplinary process should seek legal representation from an experienced California Physical Therapist License Defense Attorney.
Physical Therapy Board of California Investigation Defense Lawyer
The majority of Physical Therapy Board of California investigations begin with the filing of a consumer Complaint. However, Physical Therapy Board of California Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The Physical Therapy Board of California utilizes non sworn civilian investigators to conduct non criminal investigations. The California Department of Consumer Affairs employs sworn Peace Officer Investigators to conduct criminal investigations against Physical Therapists. These employees investigate criminal and administrative law violations. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.
It is important to have an attorney that understands the Physical Therapy Board of California disciplinary process. At the conclusion of a Physical Therapy Board of California investigation, the Board has several options. The Board can choose to close the Complaint. The Board can choose to issue a Citation. The Board can also choose to refer the matter to the California Attorney General’s Office. The Attorney General’s Office will determine whether cause exists to file a formal disciplinary Accusation. In cases involving criminal conduct, the Board may refer the case to the District Attorney’s Office for criminal prosecution.
If you are a Physical Therapist facing a Physical Therapy Board of California investigation, contact a California Physical Therapist License Defense Attorney for representation.
California Physical Therapist License Accusation Defense Attorney
A formal Accusation served on a California Physical Therapist serves as notice to a Physical Therapist that the Board intends to revoke the Physical Therapist License. The Physical Therapist, now called the Respondent, has only 15 days from the date that the Accusation was served (not received, but served) to file a Notice of Defense. The failure to file a Notice of Defense results in a Default against the Physical Therapist. A Default will result in the immediate Revocation of the Physical Therapist License.
An Accusation is a serious matter that can result in the suspension or revocation of a Physical Therapist License in California. In many cases, it is possible for Physical Therapists to reach a Stipulated Agreement with the Attorney General’s Office and Physical Therapy Board of California. A Stipulated Agreement is a formal term for a settlement agreement. If a Stipulated Agreement cannot be reached, the parties will proceed to a formal Hearing before the California Office of Administrative Hearings (OAH).
Physical Therapists facing a Physical Therapy Board of California Accusation should contact an experienced California Physical Therapist License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Physical Therapists include:
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California Physical Therapist License Hearing Attorney
The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. These Court locations are in Los Angeles, Oakland, Sacramento and San Diego. In some instances, Hearings may be held offsite in Bakersfield, Fresno, Orange County, Riverside, San Bernardino, San Francisco, San Jose or Ventura. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.
The Administrative Law Judge, or ALJ, will issue a written Proposed Decision approximately 30 days after the Hearing. The Physical Therapy Board of California can adopt, modify or reject the ALJ’s Proposed Decision. The Physical Therapy Board of California’s action is called the Final Decision and Order. There are two main rights of Appeal of a Final Decision and Order. California Government Code § 11521 allows a Physical Therapist to file a Petition for Reconsideration prior to the effective date of the Final Decision and Order. Pursuant to California Code of Civil Procedure § 1094.5, the Physical Therapist can also file a Petition for Writ of Mandamus in Superior Court. A Writ must be filed within 30 days of the effective date of the Final Decision and Order.
California Physical Therapists facing a Physical Therapy Board of California Administrative Law Hearing need effective representation from a California Physical Therapist License Defense Lawyer.
California Physical Therapist License and Criminal Convictions
The Physical Therapy Board of California can discipline Physical Therapists for criminal convictions. Physical Therapy Board of California discipline occurs for convictions for criminal convictions that are substantially related to the duties, functions and qualifications of a Physical Therapist. Common criminal offenses that can cause Physical Therapist License discipline are:
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The Physical Therapy Board of California and other law enforcement agencies also investigate criminal conduct by Physical Therapists in the course and scope of their practice. Criminal investigations often involve Physical Therapists engaged in Insurance Fraud, Unlawful Practice of Medicine and Unlawful Representation as a Physician. In serious criminal cases against Physical Therapists pending in Criminal Court, the Physical Therapy Board of California and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Physical Therapist. A California Penal Code § 23 Order seeks to suspend a Physical Therapist License in Criminal Court.
Physical Therapists facing criminal charges and Physical Therapists who are convicted of criminal offenses need an experienced California Physical Therapist License Defense Attorney for representation in disciplinary proceedings before the Physical Therapy Board of California.
California Physical Therapist License Statement of Issues Attorney
The Physical Therapy Board of California thoroughly investigates all applicants for Physical Therapist Licenses. The Physical Therapy Board of California may deny a California Physical Therapist License to Physical Therapist students and Physical Therapists from other states and countries. Most California Physical Therapist License denials occur due to criminal convictions, financial problems or misstatements on the Physical Therapist License application. Statement of Issues Hearings and Accusation Hearings before the Office of Administrative Hearings maintain a similar procedure. However, in a Statement of Issues Hearing, the applicant bears the burden of proof. Individuals denied a Physical Therapist License should contact a California Physical Therapist License Denial Lawyer for representation in a Physical Therapy Board of California Statement of Issues Hearing.
California Physical Therapist Petition for Reinstatement Lawyer
A Petition for Reinstatement allows Physical Therapists who have received a Physical Therapist License Revocation to reinstate their License. The Petition for Reinstatement must show by clear and convincing evidence the factual and legal reasons to warrant the Physical Therapist License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the Physical Therapy Board of California. A successful Physical Therapist License Petition for Reinstatement requires representation by an experienced California Physical Therapist License Defense Attorney.