The Applicant with a History
Ms. A, a physical therapist licensed in the Philippines since 2016, applies for DC licensure. She graduated from a program recognized by the Philippine regulatory board, passed the NPTE in 2023, and has an offer from a DC outpatient clinic. On the application she must answer: 'Have you ever been subject to disciplinary action by any licensing board?' and 'Have you ever been convicted of a crime other than a minor traffic offense?' In 2019 the Maryland Board of Physical Therapy reprimanded her for completing only 12 of 30 continuing education hours; she paid a fine and completed the hours. In 2021 she received a misdemeanor DUI conviction; her Maryland license was not suspended. She wants to leave the Maryland reprimand off because 'it was only CE' and to describe the DUI as 'traffic-related.' She asks whether she can start working as a physical therapist assistant while the DC application is pending because the clinic is short-staffed.
1. Must Ms. A disclose the Maryland reprimand and the DUI? What are the consequences of omitting either?
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Yes. The Maryland reprimand is a disciplinary action by a licensing board, even though it arose from CE noncompliance. The DUI is a criminal conviction; 'traffic-related' is not a safe characterization. Both questions require disclosure. Omitting either is a false statement on the application and can itself be a ground for denial or later discipline, separate from the underlying conduct. She should disclose, attach certified copies of the Maryland order and court records, and provide a written explanation.
2. How should the DC Board evaluate these disclosures-does either automatically disqualify her?
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Neither disclosure automatically disqualifies her. The Board evaluates moral character and fitness and considers the nature and seriousness of the conduct, the time elapsed, evidence of rehabilitation, and whether the conduct relates to public safety. A CE reprimand and a misdemeanor DUI are not per se disqualifying. But failure to disclose is likely to be treated more seriously because it raises candor concerns. She should be prepared to explain what she learned and what she has done since.
3. Can she work as a PTA while her PT application is pending?
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No. A PT applicant cannot practice as a PT until licensed, and she cannot work as a PTA unless she holds a DC PTA license. The clinic's staffing shortage is not a lawful basis. If the Board offers a temporary or provisional permit, she may work only within the terms of that permit and only under any required supervision. Otherwise, the clinic cannot bill for her services.