Defending Physical Therapists in Illinois Facing Touch-Related Allegations
If you are a physical therapist, touch is an important part of your work. But because of this, patients may sometimes accuse you of inappropriate contact. These accusations are not always about intentional misconduct. Many times, they come from a misunderstanding of treatment or the way care was given.
Since physical therapy always involves hands-on treatment, therapists can be at higher risk for these kinds of claims. Even false accusations can harm your reputation, career, and future. They can also put your professional license at risk and may even lead to criminal charges.
That is why it is important to know how Illinois law and the licensing board handle these cases. A Peoria, IL license defense lawyer can help protect your career. If you also face criminal charges, your lawyers can work together to defend you.
Why Are Physical Therapists Especially Vulnerable to Allegations?
For a physical therapist, close physical contact and hands-on treatment are a normal part of the work day. Unfortunately, patients may misinterpret therapeutic touch, particularly in sensitive areas. This means that even normal therapy techniques can be questioned if a patient feels uneasy or does not understand the treatment.
What is the Process of Defending Your Physical Therapist License?
The Illinois Department of Financial and Professional Regulation (IDFPR) will open an investigation. This is separate from any criminal case that might be conducted. An investigator will contact you, at which point you should have an attorney advising you before you make any statement. If the issue is not resolved, your lawyer will get ready to defend you at a formal hearing.
At this hearing, you have the right to present evidence, call witnesses, and cross-examine the complainant.
Be aware that there is a much lower standard of proof in an IDFPR hearing than in a criminal case. The outcome could be that you keep your license, lose it for a time, or lose it for good. If your IDFPR hearing happens before your criminal trial, anything you say there could later be used against you in court.
Even if you are found not guilty in criminal court, your license can still be at risk. Clear therapy notes that explain why touch was needed can be strong evidence to show your actions were professional.
What Criminal Offenses Might Be Charged?
Depending on the situation, a physical therapist could be charged with sexual assault or sexual abuse under 720 ILCS 5/11-1.20. Battery charges are also possible under 720 ILCS 5/12-3 if the contact is deemed offensive rather than therapeutic. Professional misconduct allegations could trigger parallel licensing investigations. There is an important difference between intentional misconduct and a misunderstanding. It is very important to show that your actions were intended for therapy.
Strategy for Defending Charges to the Professional Licensing Board
Depending on the circumstances, your professional license attorney demonstrate that:
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There was consent, and the touch followed professional standards and was appropriate for the treatment.
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Your therapy plans and notes confirm why a specific contact occurred.
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What happened was acceptable according to professional guidelines.
Your lawyer can also shed light on any ulterior motives the accuser might have or inconsistencies in their statements.
Contact a Rockford, IL Professional License Defense Lawyer
If you are a physical therapist in Illinois accused of inappropriate contact, your reputation, career, and freedom are at stake. Even unfounded allegations can lead to professional and criminal consequences. A highly skilled Peoria, IL physical therapist license defense attorney from The Law Offices of Joseph J. Bogdan, Inc. will aggressively defend your professional license in front of the licensing board. Call 630-310-1267 to schedule your free consultation.