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North Carolina Physical Therapy License Defense Lawyer

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Top Rated Physical Therapy License Defense Attorney in North Carolina

North State Law helps North Carolina physical therapists who are facing an investigation, have received a notice of complaint, or are facing discipline from the North Carolina Board of Physical Therapy Examiners. Working with a North Carolina physical therapy license defense lawyer is the most effective way to protect your livelihood.

Why You Should Choose North State Law

At North State Law, we are led by professional licensing attorney Nick Dowgul. Dowgul and his team at North State Law Firm focus specifically on administrative law and defending the licenses of residents across the state. We understand how complaints and investigations can derail the career path of a licensed North Carolina physical therapist and stand ready to protect your interests.

As licensed professionals themselves, the North State Law Firm legal team is dedicated to protecting the careers of those who receive complaints or who are under investigation by the North Carolina Board of Physical Therapy Examiners.

If you’re a North Carolina physical therapist and find yourself in a situation where your record may be negatively impacted by a complaint or investigation, do not wait to contact the North Carolina physical therapist license defense attorneys at North State Law Firm today.

What Are Some Common Reasons Physical Therapists in North Carolina Face Disciplinary Action?

Many situations may lead to a complaint being filed with the board, which leads to an investigation and ultimately disciplinary action. The following situations are the ones we see the most often concerning North Carolina physical therapists:

  • Fraud or Misrepresentation of a License. If you fraudulently obtained a license to practice physical therapy or falsely renewed your license, it could be revoked.
  • Drug or Alcohol Use That Affects Competency. You don’t have to be undergoing treatment for a substance use disorder to face disciplinary action for drug or alcohol use. If these issues impact your practice, it could lead to a complaint.
  • Moral Turpitude From Felony Arrest. While you are unlikely to lose your physical therapy license following a felony arrest, a conviction is a different matter. Felony convictions often lead to disciplinary measures.
  • DWI Charges. You could lose your physical therapy license after a DWI arrest in North Carolina. There is no automatic disqualification for misdemeanor DWIs, but the board must evaluate the situation to determine whether you are safe and morally fit to treat patients.
  • Documentation Inaccuracy. Administrative issues like errors in documentation can lead to complaints being filed with the board, even if they are unintentional.
  • Insurance Fraud. Insurance fraud is a serious issue that can bring both disciplinary actions and criminal charges. Falsifying medical or billing records is one of the most common forms of insurance fraud.
  • Malpractice. Like doctors, physical therapists can face malpractice claims. These claims can lead not just to civil fines but also to license suspensions or revocations.
  • Gross Negligence. Extreme departures from the accepted standard of care can place patients in danger of injury. This and other forms of gross negligence can lead to problems with your physical therapy license.
  • Inadequate Supervision. While physical therapists do not need clinical supervision, physical therapist assistants, aides, and students are a different matter. If a licensed physical therapist fails to provide sufficient supervision by not being on-site and available for consultation, failing to conduct periodic reassessments, or permitting aides to perform duties not within their legal scope of practice, it could lead to a formal complaint.
  • Continuing Competence (CEU/CCU) Violations. Physical therapists are expected to continue their education. Failing a CEU audit or falsifying a certificate can lead to Board discipline.
  • Boundary Violations. Physical therapists must respect the ethical standards of their profession and avoid inappropriate physical or romantic relationships with patients. Engaging in an unethical relationship can lead to sanctions.

If you are facing any of these allegations, it is important to be proactive and to hire a physical therapy license defense lawyer right away. Waiting to take action can only harm your case. The firm’s license defense services also address Pharmacist License, Child Care License, Occupational Therapist License, Nursing Home Admin License, Chiropractic License, and Veterinarian License matters.

Immediate Steps to Take If You Are Facing a Physical Therapy License Violation in North Carolina

As of 2024, there were 11,358 licensed physical therapists practicing in the Tar Heel State. While most of them have licenses in good standing, there are cases each year that come before the board. A formal complaint can lead to license suspension or revocation, so it’s important that you take it seriously.

What you do in the immediate hours after receiving a complaint can impact your case immensely. If you’re able, it’s important to take the following steps after receiving a notification of a violation: 

  • Remain Calm. It’s easy to panic when your livelihood is threatened, but that won’t help your situation. You should try to remain calm and level-headed and avoid taking any action based on strong emotions.
  • Don’t Alter Records. You should never change Electronic Medical Records (EMRs), charts, or billing codes after receiving a complaint. You could face further disciplinary action for doing so.
  • Avoid Contact With the Complainant. Don’t reach out to the patient, colleague, or employer who filed the complaint. It may be tempting to try to smooth things over, but this may make the situation worse.
  • Check Your Insurance Coverage. Many professional liability insurance policies include coverage for administrative and board defense legal fees, so check your E&O/malpractice insurance policy to find out if it might pay for a lawyer.
  • Contact an Attorney. Don’t take any additional steps without consulting with an attorney first. We can help you understand the complaint, what prompted it, the possible consequences, and how to defend yourself against it moving forward.

Mistakes made in the immediate aftermath of receiving a complaint are common, and they can be used against you later. Following this advice and hiring an attorney right away is the most effective way to avoid them.

As you move forward, you should not ignore the notice or put off responding to it. Procedural deadlines are important, and missing them could waive your right to contest the board’s findings. 

You should preserve all documentation and communications pertaining to the complaint, including patient charts, emails, billing documents, supervision notes, and treatment plans. Bring them to your initial consultation with your attorney so they can get a clear idea of what happened.

From there, your lawyer can guide you on your next steps. You can call our office to schedule a consultation about General Contractor License, GC License Application Assistance, GC Intermediate/Unlimited License Assistance, or GC Business Formation Service.

What Documents Guide the Practice of Physical Therapy in North Carolina?

There are two main documents that guide the practice of physical therapy in the state of North Carolina and give the North Carolina Board of Physical Therapy Examiners the power to regulate the profession through the state. These include:

  1. The first document from the North Carolina General Assembly is the North Carolina Physical Therapy Act (GS – 90-270.90 – 90.270.106).
  1. The second document comes from the North Carolina Administrative Code, which is Title 21, Chapter 48 – Physical Therapy Examiners.

Most physical therapists in North Carolina are aware of the laws and regulations that dictate their profession. However, they may not have the legal knowledge or experience needed to defend their professional license when issues arise. This makes working with an experienced license defense lawyer crucial.

Who Makes Up the North Carolina Board of Physical Therapy Examiners?

The North Carolina Board of Physical Therapy Examiners was created in 1951 by the General Assembly to maintain minimum standards in the state.

There are 8 members who compose the North Carolina Board of Physical Therapy Examiners. The board is made up of the following:

  • 1 medical doctor (licensed and resides in North Carolina)
  • 4 physical therapists (licensed and reside in North Carolina)
  • 2 physical therapist assistants (licensed and reside in North Carolina)
  • 1 member of the general public

This board is responsible for investigating complaints and license violations. Other licensing matters may include Landscape Contractor License, HVAC License Application Assistance, and Massage Therapy License Defense.

What Happens If Someone Files a Complaint Against My Physical Therapy License With the North Carolina Board of Physical Therapy Examiners?

If someone has filed a complaint against your North Carolina physical therapy license, the North Carolina Board of Physical Therapy will begin to investigate the complaint to determine if probable cause exists. The Executive Director of the Board and a member appointed by the Chair will serve as the investigative committee.

The investigation may be assisted by the North Carolina Board of Physical Therapy Examiners attorney, an investigator, or a consultant, but is not licensed by the NC Physical Therapy Board.

If the investigative committee concludes that probable cause does not exist, it will dismiss the complaint. If the board concludes that probable cause does exist, it will then move to settle the matter through informal means with the licensee and their attorney if an attorney has been retained.

Additionally, if the board finds that probable cause exists, but does not reach the level where a suspension or revocation of their license is warranted, the investigative committee may recommend that the licensee be placed on probation or issued a warning.

In cases of serious violations, license suspensions or revocations can be issued. This can leave you unable to practice physical therapy temporarily or permanently, leading to the loss of your livelihood and serious financial concerns. The potential consequences of a complaint only highlight the need for qualified legal representation.

The licensee has the ability to refuse the probation or warning and request a contested hearing, or they may request an informal hearing to discuss the recommendations of the investigative committee. Each of these requests must be submitted within 20 days of receiving the email from the investigative committee.

What to Do If You Disagree With the Board’s Decision

If you disagree with the board’s final decision regarding your case, you can appeal it to the Superior Court in your county. Before filing an appeal, you should consult your lawyer. We can:

  • Review the record for legitimate reasons to file an appeal.
  • Draft a written notice of appeal.
  • Prepare your court filings and arguments for review.

You only have 30 days to file an appeal following the issuance of a final decision, so don’t put off taking action. If you completed the initial hearing without the help of an attorney, you can still hire one to help you file an appeal. While it’s preferable to have a skilled lawyer on your side from the beginning, it’s not too late to hire a law firm to help you defend your physical therapy license and right to practice.

Does a Licensed North Carolina Physical Therapist Have to Cooperate With the Investigator, NC Board of Physical Therapy Attorney, or Consultant If They Request Statements or Documents?

In the legal documents concerning an investigation into a complaint filed against a North Carolina physical therapist, there is no mandatory requirement that you must speak with an investigator or provide any types of documentation they may be seeking.

With that being said, however, if the investigative committee reaches out for a statement or documents, you should not be confrontational. If you’re going to decline, do it politely.

If you’re thinking about speaking with or providing documentation in this situation, we at North State Law strongly suggest you contact an experienced North Carolina professional license defense lawyer first.

Why Should I Speak With an Attorney Before Engaging With the Investigative Committee Who Is Requesting Documentation?

Professional license defense law firms, like North State Law, have years of experience dealing with State Agencies and Licensing Boards. They know the intricacies and potential pitfalls that can turn something that seems like a trivial process into a career-derailing mistake.

Attorneys are skilled at crafting clear responses and providing interview preparation that will make sure you’re saying what needs to be said and nothing more. Miscommunication can lead down a road that involves more questioning. If unprepared, you may say things that simply do not need to be said.

Facing an investigative committee with someone who is experienced in the matter and process will provide you with peace of mind. Similar concerns can arise with a CPA License, Real Estate Commission License Defense, Insurance License, Engineer License matters Engineers & Land Surveyors License Defense or Legal License.

The alternative is facing a situation you likely have never faced and answering questions or formulating a written response off the cuff with no prior training or experience. All with the hope that it will satisfy them and make them go away. Many times, these may be emotionally crafted.

Speaking with an attorney lets you take all the emotion of the process and allows an experienced professional with the goal of protecting your Physical Therapy License to offer some advice to your specific situation.

Can I Hire an Attorney to Represent Me After the Board Has Concluded Its Investigation?

You may hire an attorney to represent you after the board has concluded its investigation and sent you a recommendation email. However, it’s always a sound strategy to get an attorney involved as soon as possible. Professionals in other regulated fields may also need legal support with Medical License, Medical Board, Nurse Practitioner License, Nurse License, or Dental License matters.

The primary reason we say it’s a “sound strategy” is because in those earlier proceedings, such as speaking with investigators or providing documentation, you may say or provide something that inadvertently impacts your case negatively and not even know it.

If the attorney is hired after that fact, they can be hamstrung by those statements you made or documentation you provided. Once information is shared, it can’t be unshared.

Getting an experienced professional license defense attorney in your corner as soon as possible allows them to take protective measures, craft responses, and ultimately build the game plan to protect your license and your livelihood.

Hire a Physical Therapy License Defense Lawyer Today

If you have received a notice of complaint from the North Carolina Board of Physical Therapy Examiners, contact North State Law today to discuss your physical therapy license case with Nick Dowgul and his team. We can help you understand the relevant physical therapy license laws and come up with an effective plan for defending your license and your livelihood.

North Carolina Physical Therapy License Videos from North State Law

Impact of Arrest on Professional License in NC
NC Board of Physical Therapy Cooperation with Complaint Investigation
What Happens If Someone Files a Complaint Against My NC Physical Therapy License?

North Carolina Physical Therapy License Information from the North State Law Blog:

Additional North Carolina Physical Therapy License Resources:

North Carolina Board of Physical Therapy Examiners Info:

North Carolina Board of Physical Therapy Examiners
Website

Physical Address:
8300 Health Park
Suite 233
Raleigh, NC 27615

Phone:
919-490-6393
800-800-8982

 

North State Law

Dedicated to Defending YourProfessional Future.

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