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Division of Investigation describes case priorities, investigative tools used in Physical Therapy Board referrals
Summary
At its Dec. 6 meeting in Sacramento, the Division of Investigation gave the Physical Therapy Board of California an overview of its investigative structure, the four-tier referral prioritization and recent caseload statistics, including that DFI currently has 82 open PTBC investigations and about 1,100 open investigations systemwide.
SACRAMENTO, Calif. — The Division of Investigation told the Physical Therapy Board of California on Dec. 6 that it prioritizes referrals to protect public safety, uses sworn peace officers for criminal and serious administrative investigations, and aims to complete most board-referred physical therapy cases within a year.
The update, delivered by Kathleen Nichols, chief of DFI, and Northern Area Commander Emily Kendrick, outlined the unit’s structure, typical case types and new triage guidelines the division rolled out in March 2024. “Our employees have a true passion for consumer protection,” Nichols said, describing DFI’s role investigating alleged criminal conduct and serious administrative violations and its use of undercover operations and search warrants as evidence-gathering tools.
Kendrick told board members the division now classifies referrals into four categories. “Our first category is our urgent cases,” Kendrick said, and she listed examples that meet that threshold: licensees alleged to be impaired with potential for public harm, practicing while under the influence, diversion or theft of controlled substances, or allegations of physical abuse resulting in serious injury or death. Category 2 cases are labeled high priority and generally include serious quality-of-care complaints that may involve gross negligence; categories 3 and 4 cover other complaints that do not meet the urgent or high-priority standards and can often be handled without referring to DFI.
DFI said the division provides a centralized investigative service for the 36 boards and bureaus under the Department of Consumer Affairs. Kendrick reported that IEU, the Investigation and Enforcement Unit that handles PTBC referrals, had 82 open investigations for the Physical Therapy Board at the time of the presentation and that IEU currently has about 1,100 open investigations across all boards. Kendrick said the unit’s objective is to work board cases within one year when possible.
Board members asked about how DFI works with board staff and experts during on-site inspections. Nichols and Kendrick said investigations of clinical settings are often coordinated with a board expert who reviews patient records the investigators are not authorized to review. If the expert needs patient records, investigators request patient authorization or use subpoenas to obtain records when necessary, they said. Site visits are frequently unannounced, the presenters said, but logistics such as officer and expert safety, the size of the facility and the number of planned interviews determine staffing for each visit.
The presentation also described DFI staffing and training: most DFI investigative staff are sworn officers (citing the division’s authority under Penal Code section 830.3) who receive multiple training modules and some investigators attend the police academy. Nichols said sworn investigators make felony and misdemeanor arrests when warranted and may file cases with local district attorneys as well as administrative matters with the Attorney General’s Office.
The board did not take action on the presentation; members said the report helped clarify how and when matters are referred to DFI and how staff coordinate with experts and the board’s enforcement unit.
Documents and statistics presented to the board showed the referral-priority policy and examples of case categories, as well as average case timelines and the division’s goal to reduce investigation durations when possible.
