The Texas Board of Physical Therapy Examiners (TBPTE) licenses and regulates physical therapists (PTs) and physical therapist assistants (PTAs) to ensure they comply with all applicable laws and rules. As an integral part of its responsibilities under state law, the TBPTE receives and investigates complaints against licensees and initiates disciplinary action if needed. Disciplinary proceedings can seriously affect your professional license. Therefore, if you receive a complaint against your license, we urge you to seek assistance from an experienced physical therapy license defense lawyer.
Failing to Report Arrests to TBPTE
When your initial licensure or a subsequent renewal application asks if you have been arrested, you should treat this question as straightforward. The question is not whether you were convicted of a crime or had an arrest, criminal charge, or criminal conviction expunged. The only question is whether you were arrested; if you were arrested, the answer is yes.
All too often, an applicant or current licensee fails to report an arrest that, had it been reported, would not have affected the application. However, once an applicant or licensee fails to report an arrest, and the TBPTE discovers it, they have a violation for failing to report an arrest. TBPTE then must take disciplinary action against a licensee who violates any law or rule governing a physical therapist or assistant.
As noted above, you must report all arrests on initial and renewal licensure applications. You must report the arrest even if the arrest never led to a criminal charge, the criminal case was later dismissed, or you were convicted but had the conviction expunged. You must report the arrest even if it happened when you were a juvenile or if the arrest happened on military or federal property. All these arrests will likely appear in a criminal background check completed by TBPTE. Therefore, you must report them all.
When You Report an Arrest to TBPTE
An arrest does not necessarily mean that you are ineligible for licensure. Arrests that happened a long time in the past and are unrelated to your profession may have no bearing on your initial or renewal licensure application.
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The TBPTE will consider various factors in weighing the importance and impact of an arrest on a licensure application, including whether an applicant or licensee reported the arrest. Other relevant factors include the severity of the charge, the date of the charge, whether it indicates a pattern of behavior and the outcome of the charge in court. The TBPTE will also analyze whether anyone was injured because of the acts involved, whether all conditions imposed by the court were completed, the risk of committing further offenses, and whether the acts could jeopardize patient care and safety in the future.
How Arrests Can Result in Disciplinary Action
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Under 22 Tex. Admin. Code §322.4, the TBPTE can initiate disciplinary action against licensees for practicing physical therapy in a manner detrimental to the public welfare and health. Although this code section contains various actions that meet this definition, some may directly stem from or relate to an arrest. For instance, practicing physical therapy in a manner detrimental to the public welfare and health may include:
- Obtaining or attempting to obtain medications through means of misrepresentation, fraud, forgery, or deception;
- Using threats or harassment to prevent a patient/client or witness to prevent them from providing evidence in a disciplinary proceeding;
- Engaging in sexual contact with a patient as a result of the physical therapist/patient relationship;
- Intentionally or knowingly offering to pay or agree to accept any remuneration directly or indirectly, overtly or covertly, in cash or in kind, to or from any person, firm, association of persons, partnership, or corporation for receiving or soliciting patients or patronage, regardless of source of reimbursement, unless said business arrangement or payments practice is acceptable under 42 U.S.C. §1320a-7b(b) or its regulations; or
- Knowingly falsifying and/or forging a referring physician’s referral for physical therapy.
22 Tex. Admin. Code §343.7(a) also states that gross negligence in the practice of therapy may lead to disciplinary action. Gross negligence “may include, but is not limited to, the provision of physical therapy which the therapist knew or should have known would result in severe physical injury or death of a patient.” In certain circumstances, gross negligence, particularly if it causes a death, could result in an arrest.
Finally, a history of substance abuse to the extent that it affects a licensee’s professional competence could result in disciplinary proceedings under 22 Tex. Admin. Code §343.5. Again, a history of intemperate substance abuse could involve a substance-abuse-related arrest.
Again, however, while a mere arrest on any of these grounds could result in disciplinary action, it is not necessary a ground for TBPTE to automatically suspend or revoke your license. While a conviction for a particular criminal offense could result in a license suspension or revocation, an arrest may not always have such severe repercussions, especially if charges are never filed or a conviction never occurs.
We Are Here to Defend You Before the TBPTE
When the TBPTE notifies you that you are the subject of a complaint, you may not know where to turn. You should immediately call a physical therapy license defense attorney in this situation. We stand ready to represent your interests and defend you against the allegations you are facing. Call us today at (512) 856-6596 to reach the offices of Bertolino LLP or contact us online.
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