All complaints that are filed with the Board against a licensed physical therapist or a certified physical therapist assistant must be investigated and brought before the Board for action.
- Board staff analyzes the information received, assigns an intake number, and reviews the information to determine whether jurisdiction for the complaint exists (i.e is the complaint against a licensed physical therapist or a certified physical therapist assistant, AND, if the allegations are true, would the matter constitute a violation of law).
- If jurisdiction is established, a complaint number will be assigned and a file will be opened.
- A copy of the complaint will be sent to the individual against whom the complaint has been opened with a request for a written response to the allegations within 20 days of receipt. A subpoena requiring the licensee to provide a copies of pertinent records may also be sent with the notification of the complaint.
- Board staff investigates the allegations using tools including -- but not limited to -- interviews, expert witness reviews, analysis of patient records, and facility site reviews.
- Once Board staff determines the case is ready for initial review by the Board, the complaint is scheduled for the next available Board meeting.
- The Board will then review the complaint for the first time during a regular session public meeting. This is not a hearing. The Board is reviewing the facts presented in the complaint, the response and the relevant records. There is no assumption that a law was violated. It is simply a review of facts as presented. When the complaint is placed on a Board agenda, both the licensee/certificate holder and the complainant receive written notice of the meeting including the date, time and location. Both parties to the complaint are welcome and encouraged to attend, but their presence is not required. At this meeting, both the licensee/certificate holder and the complainant will have an opportunity to briefly address the Board regarding the complaint.
The Board will review the complaint to determine one of the following:
- Is there a basis on which to believe a law may have been violated? If there is not a substantive basis on which to proceed, the complaint will be dismissed. If the Board does not have enough information to make a determination, the complaint will be held open for further investigation.
- If the Board is concerned that there is a substantive basis to believe a law has been violated, they may vote the matter to go to an informal interview or to a formal hearing.
If the complaint is dismissed or directed to further investigation, both the complainant and the licensee/certificate holder will be notified by letter. If further investigation takes place, the Board's staff will keep both parties informed when the matter will be scheduled for the Board review again.