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Deputy AG briefs PT Board on disciplinary process, stressing public protection and due process
Summary
Deputy Attorney General John Gatchit presented an overview of the legal and administrative process for investigations, accusations, hearings, and sanctions affecting physical‑therapy licensees, emphasizing that "protection of the public remains the paramount duty."
Deputy Attorney General John Gatchit told the Physical Therapy Board of California on Sept. 23 that the board’s disciplinary work must be guided by the state’s overarching duty to protect the public while preserving licensees’ due‑process rights.
Gatchit, liaison from the Attorney General’s Office (AGO) Health Quality Enforcement Section, gave a detailed presentation on how complaints are investigated, when the AGO drafts and files accusations, the role of administrative law judges and the Office of Administrative Hearings, and the board’s responsibilities in imposing discipline. “Protection of the public remains the paramount duty,” Gatchit said.
Key takeaways - Investigation to accusation: Complaints are investigated by the Department of Consumer Affairs’ Division of Investigation; staff and AGO assess whether evidence meets the high administrative burden of clear and convincing evidence required for professional‑license disciplinary actions. - Possible outcomes: Gatchit outlined the range of board actions, from citation and fine, public reprimand, probation with monitoring, interim suspension petitions (for immediate danger), to revocation or surrender of a license. He said probation and rehabilitation remain tools where public protection can be maintained without permanent removal from practice. - Interim and emergency actions: The board, via its executive officer, may seek interim suspension petitions from the Office of Administrative Hearings when there is an immediate risk to the public; those petitions can be granted ex parte and later must be followed by a full hearing. - Burden of proof: Because physical therapy is classified as a professional license, disciplinary cases require clear and convincing evidence; licensing decisions on applicants (who have no vested property right) use a lower preponderance‑of‑evidence standard. - Criminal conduct and reporting: The AGO receives criminal arrest/conviction notifications and assesses whether convictions materially relate to the licensee’s duties. The AGO and staff look to whether conduct is “substantially related” to the qualifications, functions and duties of a physical therapist.
Legal roles and process Gatchit described the AGO’s role as the litigation and prosecution arm for health‑care boards and explained distinctions among the agency roles: DCA legal counsel provides in‑meeting legal advice; AGO DAGs prosecute and litigate; administrative law judges are impartial fact‑finders; and the board members serve as the final decision‑makers on proposed decisions or stipulations.
On settlements and stipulations, Gatchit said most cases are resolved by stipulated settlement letters negotiated between parties; the board receives staff recommendations and can adopt or reject stipulations. He emphasized that ‘‘soft’’ admissions or full admissions are treated the same legally in an order, and that stipulations commonly include clawback provisions making admissions enforceable if probation is later violated.
Board guidance Gatchit urged board members to treat themselves as a tribunal when reviewing proposed decisions, remain mindful of due process and avoid ex parte contacts with litigants. He also noted the role of mandatory and early settlement conferences before hearings, where an ALJ may act as a neutral settlement officer to assist negotiation.
Board members asked questions about bias, the difference between surrender and revocation, use of inspection authority, timeliness of investigations, and how the AGO forms recommended penalties. Gatchit and AGO senior staff responded that: judgeship‑like restraint is required when voting on proposed decisions; surrender and revocation are practically equivalent for purposes of reinstatement (both require a petition process); and the PT board’s inspection authority is a powerful investigative tool that must be used carefully to protect patient confidentiality.
Public interest and next steps Board members and staff praised the presentation and requested the slide deck for training purposes. Gatchit and AGO staff offered to return with additional materials if the board wants further detail on settlement practices, expert witness use, or timelines.
