The 'Movement Specialist' from California
Jordan earned a DPT in California and holds an active California physical therapy license. He moved to Honolulu and applied for Hawaii licensure by endorsement, but the board has not issued a license because he has not taken the required Hawaii jurisprudence examination and his fingerprint clearance is pending. While waiting, he opens a "performance studio," advertises "physical therapy and injury rehab," uses "PT, DPT" on social media, and performs evaluations, manual therapy, and exercise prescription for athletes. He tells a client with a recent ACL reconstruction that he can provide "prehab and rehab" and bill the client's insurance under his California license. A local physical therapist sees the advertisement and complains to the board.
1. Is Jordan engaged in unlicensed practice? Explain the basis.
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Yes. Hawaii requires a license to practice physical therapy and to use the title "physical therapist" or "PT." A pending endorsement application does not authorize practice, and a California license is not a Hawaii license. Performing evaluations, manual therapy, and exercise prescription for a patient with an ACL reconstruction is physical therapy, not personal training. Calling himself "PT, DPT" and advertising "physical therapy" compounds the unlicensed practice with misleading advertising. The DPT is an academic degree, not a license. He must stop treating, remove the PT claims from advertising, and not bill insurance under his California license. The board's complaint process can investigate even before a license is issued.
2. What must Jordan do before he may legally treat patients in Hawaii?
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He should complete the Hawaii jurisprudence examination, fingerprint and background check, and any other board requirements, then wait for the board to issue the license. If the board offers a temporary permit or limited authorization, he may practice only within its terms; he should not assume one exists. He may provide non-clinical fitness services only if he clearly separates them from physical therapy and does not assess or treat injuries. He should notify current clients that he cannot provide physical therapy until licensed and refer them to licensed providers. He should correct his social media and website, remove "PT" and "physical therapy," and stop billing insurance. He should keep records of the corrections in case the board asks.
3. What are the advertising, insurance, and consumer-protection issues raised by his conduct?
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The board can investigate unlicensed practice and may impose penalties; unlicensed practice may also be a criminal violation. The insurance carrier should be notified because billing under a California license for Hawaii services may be fraudulent. The complaining physical therapist's report is protected if made in good faith. Consumer-protection concerns include misleading advertising and taking money for services he is not licensed to provide. Jordan should cooperate, not alter records, and consider refunding fees for unlicensed services. The board may also consider whether his conduct shows a lack of candor if he continues to advertise as a PT after being warned. The clinic or studio should not list him as a licensed PT until the Hawaii license is active.