Physical therapist's request to modify 2022 consent order postponed after Department of Public Health absent

The Board of Physical Therapy postponed review of physical therapist Brian Sniffen’s request to modify a 2022 consent order after Department of Public Health representatives and the consent order itself were not present at the meeting.

The absence prevented the board from hearing both parties on the consent-order modification, board counsel Stacy Shulman said, so members agreed the item must be carried to the next scheduled meeting. "I am Stacy Shulman. I am the attorney who is counsel to the board, and I am going to see to it that this matter is put on the agenda that someone is reached within the prosecuting attorney's office to appear," Shulman told the board.

Board members said they could not act on Sniffen’s request without the department’s position and the formal consent-order document. "We simply cannot allow the board to make a decision that's solely based on one side when there's two parties to the consent order," one board member said during the meeting.

At the hearing, Sniffen, the licensee, told the board he had submitted multiple documents and reference letters and said he felt frustrated at the lack of communication from the DPH. "I had to email the same thing, like, 6 times in a row," Sniffen said. He described burdens imposed by his monitoring conditions, including frequent observed drug testing and limits on where and when he can work.

Sniffen gave specific cost and access details: he said the state’s switch to a third-party recovery track vendor increased per-test charges from about "$23" to "$99," and that his consent order is set to move to weekly screening in July, which he estimated would cost about "$400 a month" ("in a month where there's 5 weeks, I'll be paying $500 out of pocket a month"). He also said there are about "6 facilities" in the state that can provide male-observed collections, which restricts his available work hours and locations.

Board members and staff identified next steps and information the panel wanted before reconsidering the matter. The board asked staff to confirm whether the prosecuting attorney assigned to the case has been reassigned, to ensure all members receive a copy of the consent order before the next meeting, and to request clarified documentation from Sniffen’s therapist about whether continued supervised treatment and formal monitoring are recommended. One member suggested updating any drug-screening results "from now to September" to include in the record.

The board agreed to continue the appeal to the board’s September meeting and confirmed a specific date and time during adjournment: Sept. 16 at 8:30 a.m. Board counsel said the office would contact the prosecuting attorney’s office and the board liaison to ensure the matter appears on that agenda.

Why it matters: The meeting left Sniffen’s request unresolved. The board emphasized it cannot modify or lift monitoring conditions without hearing the department’s position and reviewing the formal consent-order terms. The absence of the department and the missing documents drove the procedural decision to postpone.

The board approved the meeting minutes and adjourned; no vote was taken on Sniffen’s appeal.