Disciplinary Grounds, Complaint Process, and Board Enforcement Authority
What the exam tests
This domain covers conduct that can lead to discipline, the complaint and hearing process, and the Board's remedial and punitive powers. Expect questions on the difference between a complaint, an investigation, and a final action.
Disciplinary grounds
The Board may discipline for unprofessional conduct, incompetence, gross negligence, practicing outside the scope of practice, unlicensed practice, fraud or deceit in obtaining a license, falsifying records, failing to supervise a PTA or aide, practicing while impaired, and certain criminal convictions. Discipline can also follow failure to cooperate with an investigation or failure to comply with a Board order.
Complaint process
A complaint may come from a patient, employer, colleague, or the Board itself. The Board screens it, may investigate, and may subpoena records or testimony. The licensee receives notice and an opportunity for a hearing. Emergency action is possible if continued practice poses imminent danger. Settlement may resolve a case without a full hearing, but the disciplinary record remains.
Board authority
The Board may reprimand, censure, place on probation, suspend, revoke, impose fines and costs, require remedial education, and restrict practice. It may also report final actions as required by law. The Board does not award money damages to patients; that is a civil matter.
Worked example
A clinic complaint alleges that a PT left a PTA alone with a complex patient for an entire day without PT contact. The Board investigates the supervision arrangement, reviews the plan of care and documentation, and may discipline the PT for failure to supervise. The PTA may also face action if the PTA practiced beyond delegated authority.
Traps that cost marks
Do not assume a complaint is meritless because the patient was unhappy. Do not ignore a Board letter or subpoena; failure to respond is separate misconduct. Do not confuse a Board disciplinary action with a malpractice lawsuit. Do not assume a settled case is erased.