California Physical Therapist Assistant License Defense Attorney

Physical Therapy Board of California License Defense Lawyer

The Physical Therapy Board of California, known as the PTB, licenses approximately 1,500 Physical Therapist Assistants in the State of California. Most California Physical Therapist Assistants have minimal or no contact with the enforcement arm of the Physical Therapy Board of California. For Physical Therapist Assistants who become part of the Physical Therapy Board of California’s disciplinary process, the consequences are profound. The Physical Therapist Assistant License disciplinary process is complex, procedural and time consuming. Physical Therapist Assistants facing the Physical Therapy Board of California disciplinary process should seek legal representation from an experienced California Physical Therapist Assistant 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 Therapist Assistants. 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 Assistant facing a Physical Therapy Board of California investigation, contact a California Physical Therapist Assistant License Defense Attorney for representation.

California Physical Therapist Assistant License Accusation Defense Attorney

A formal Accusation served on a California Physical Therapist Assistant serves as notice to a Physical Therapist Assistant that the Board intends to revoke the Physical Therapist Assistant License. The Physical Therapist Assistant, 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 Assistant. A Default will result in the immediate Revocation of the Physical Therapist Assistant License.

An Accusation is a serious matter that can result in the suspension or revocation of a Physical Therapist Assistant License in California. In many cases, it is possible for Physical Therapist Assistants 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 Therapist Assistants facing a Physical Therapy Board of California Accusation should contact an experienced California Physical Therapist Assistant License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Physical Therapist Assistants include:

California Physical Therapist Assistant 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 Assistant 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 Assistant 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 Therapist Assistants facing a Physical Therapy Board of California Administrative Law Hearing need effective representation from a California Physical Therapist Assistant License Defense Lawyer.

California Physical Therapist Assistant License and Criminal Convictions

The Physical Therapy Board of California can discipline Physical Therapist Assistants for criminal convictions. Physical Therapy Board of California discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a Physical Therapist Assistant. Common criminal offenses that can cause Physical Therapist Assistant License discipline are:

The Physical Therapy Board of California and other law enforcement agencies also investigate criminal conduct by Physical Therapist Assistants in the course and scope of their practice. Criminal investigations often involve Physical Therapist Assistants engaged in Insurance Fraud and the Unlicensed Practice of Physical Therapy. In serious criminal cases against Physical Therapist Assistants 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 Assistant. A California Penal Code § 23 Order seeks to suspend a Physical Therapist Assistant License in Criminal Court.

Physical Therapist Assistants facing criminal charges and Physical Therapist Assistants who are convicted of criminal offenses need an experienced California Physical Therapist Assistant License Defense Attorney for representation in disciplinary proceedings before the Physical Therapy Board of California.

California Physical Therapist Assistant License Statement of Issues Attorney

The Physical Therapy Board of California thoroughly investigates all applicants for Physical Therapist Assistant Licenses. The Physical Therapy Board of California may deny a California Physical Therapist Assistant License to Physical Therapist Assistant students and Physical Therapist Assistants from other states and countries. Most California Physical Therapist Assistant License denials occur due to criminal convictions, financial problems or misstatements on the Physical Therapist Assistant 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 Assistant License should contact a California Physical Therapist Assistant License Denial Lawyer for representation in a Physical Therapy Board of California Statement of Issues Hearing.

California Physical Therapist Assistant Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Physical Therapist Assistants who have received a Physical Therapist Assistant 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 Assistant 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 Assistant License Petition for Reinstatement requires representation by an experienced California Physical Therapist Assistant License Defense Attorney.