Physical Therapy License Defense
Representation Before the State Board of Physical Therapy
The State Board of Physical Therapy licenses physical therapists, certifies physical therapist assistants and issues the certificate of authorization that permits a therapist to treat patients without a referral. The Board enforces rules on referral, direct access, the supervision of assistants and professional conduct.
Board matters commonly arise from billing and documentation audits, supervision questions, patient complaints, direct access violations and allegations of impairment. Because the Act separately prohibits treatment by means other than physical therapy and treatment beyond the permitted direct access period, scope-of-practice questions are frequent.
Mimm Law, LLC represents physical therapists and physical therapist assistants at every stage of a Board matter, including matters involving the Professional Health Monitoring Program.
Governing Law
- Board
- State Board of Physical Therapy
- Statute
- Physical Therapy Practice Act, 63 P.S. § 1301 et seq.
- Regulations
- 49 Pa. Code Chapter 40
- Licensees
- PTs and PTAs
- Renewal
- Biennial; licenses expire December 31 of even-numbered years
Who the Board Regulates
- Physical therapist license
- Physical therapist assistant certification
- Certificate of authorization to practice without a referral (direct access)
- Temporary license
Grounds for Discipline
Section 11 of the Physical Therapy Practice Act (63 P.S. § 1311) authorizes the Board to discipline a licensee for, among other things:
- Violation of the Act's referral and direct access provisions
- Obtaining a license or certificate by fraud or misrepresentation, or conduct undermining the integrity of the examination
- Repeated negligence or incompetence
- Conviction of, or a plea to, a felony or a crime of moral turpitude
- Habitual use of narcotics or excessive use of alcohol
- Unprofessional conduct, meaning a departure from minimal acceptable standards, without the need to prove injury
- Treating ailments by means other than physical therapy
- Discipline in another jurisdiction
- Misleading, deceptive or fraudulent statements
- Failure to supervise physical therapist assistants or support staff as the Act requires
- Knowingly aiding unlicensed practice
Sanctions the Board May Impose
The Board may refuse, suspend or revoke a license or certificate, and civil penalties are available. The Board may order a temporary suspension where a licensee presents an immediate and clear danger, and a license is automatically suspended upon a felony drug conviction. A revoked licensee may reapply after five years.
In addition to the sanctions in the Board's own statute, Chapter 31 of Title 63 of the Pennsylvania Consolidated Statutes authorizes each licensing board to impose a civil penalty of up to $10,000 per violation and to assess the costs of investigation against a licensee found to have violated the law.
Obligations That Often Lead to Board Matters
Direct Access
A therapist with a certificate of authorization may treat without a referral for a limited period from the first treatment, and must maintain the required liability insurance. Treatment beyond that period requires a referral. Treatment without a certificate of authorization requires a referral from a physician, a physician assistant or CRNP working under a written or collaborative agreement, or, within their scope, a dentist, podiatrist or midwife.
Supervision of Assistants
The therapist must make the initial patient contact and provide the level of supervision the Act requires in each practice setting, and may supervise no more than the permitted number of assistants.
Continuing Education
Therapists and assistants must each complete 30 hours of continuing education each biennial period, including 2 hours in law or ethics and 2 hours in child abuse recognition (assistants must also complete 4 hours on emergency health conditions), and for direct access certificate holders at least 10 of the 30 hours must cover evaluating patients without a referral.
Matters We Handle
- Documentation and billing irregularities
- Supervision of physical therapist assistants
- Patient complaints concerning treatment or conduct
- Practice beyond the scope of licensure
- Continuing education audits
- Criminal charges and convictions affecting licensure
How We Can Help
Board Investigations
Upon receipt of a letter of inquiry, a subpoena or contact from an investigator, the firm evaluates the allegations, reviews the licensee's records, prepares a written response and attends any investigative interview. In some matters, an early, well-documented response may resolve the matter before formal charges are filed.
Formal Charges and Hearings
When the Commonwealth files an Order to Show Cause, the time to respond is short, and a respondent who misses the deadline may be held in default and the facts alleged deemed admitted. The firm prepares and files the answer, negotiates a consent agreement where one serves the client's interests, and tries the matter before the hearing examiner or the Board where it does not.
Applications and Reinstatement
For applicants whose history may raise questions, and for licensees seeking reinstatement after suspension, revocation or lapse, the firm assembles the application and supporting record and presents the matter to the Board.
Questions Licensees Ask
An insurer says my documentation does not support my billing. Is that a Board matter?
It may become one. Billing for services not performed and inadequate records are forms of unprofessional conduct under the Board's regulations. The response to the insurer should be accurate and should be prepared with the licensing consequences in view.
I treated a patient under direct access for longer than permitted. What now?
Treatment beyond the direct access period without a referral violates the Act. The circumstances, the steps taken to obtain a referral and the patient's outcome will all bear on how the matter is resolved, and early advice is important.
Is the Voluntary Recovery Program available to physical therapists?
Yes. The Act provides an impaired professional program under which the Board may defer, and ultimately dismiss, corrective action for a licensee progressing satisfactorily in approved treatment; licensees charged with sexual violations or sexual impropriety are not eligible, and the option is also not available after a felony drug conviction.
Should I speak with an investigator before I have counsel?
A licensee who receives a letter of inquiry, a subpoena or a telephone call from an investigator with the Bureau of Enforcement and Investigation should be courteous and should note the investigator's name and contact information, but should not give a substantive statement before obtaining advice. Anything said to an investigator may be included in the report reviewed by the prosecuting attorney and, later, by the Board. Counsel can determine what is being alleged, gather the relevant records and prepare a response that is accurate, complete and appropriately limited.
Must I report a criminal conviction, plea or ARD, or discipline in another state?
Yes. Pennsylvania law requires every licensee to notify the licensing board in writing within 30 days of discipline imposed by a licensing authority in another jurisdiction and of a finding of guilt, guilty plea, plea of nolo contendere, probation without verdict, disposition in lieu of trial or Accelerated Rehabilitative Disposition on a felony or misdemeanor charge. Some boards' regulations impose additional or earlier reporting duties, including, for nurses and massage therapists, a duty to report the filing of criminal charges within 30 days. A failure to report is itself a ground for discipline, and it is frequently charged alongside the underlying conduct.
Meet Your Attorney
Steven A. Mimm, Esq.
Founder, Mimm Law, LLC. Admitted in Pennsylvania (2008) and New Jersey (2022).
From 2014 to 2022, Attorney Steven A. Mimm served as a prosecuting attorney bringing disciplinary actions on behalf of the Bureau of Professional and Occupational Affairs before Pennsylvania's licensing boards. That experience informs how the firm evaluates evidence, negotiates with the Commonwealth and prepares cases for hearing. Where a licensee also faces criminal charges, the firm handles the licensing matter and coordinates with the licensee's criminal defense counsel.
Related: All Licensing Boards · Licensing and FAQs
Last reviewed September 2026. The information on this page is general in nature and is not legal advice. Contacting the firm does not create an attorney-client relationship.