Physical Therapy Board Hears Petition by Scott Wei Ho Kwan; Admits Mitigation Documents, Takes Matter Under Submission

The Physical Therapy Board of California heard a petition Dec. 11 from licensee Scott Wei Ho Kwan asking the board to reduce and terminate conditions of a multi‑year probation tied to conduct dating to 2018. The hearing was held in Sacramento before Administrative Law Judge Corin Wong; Deputy Attorney General Jade Walensky represented the people of California.

Walensky summarized the accusation against Kwan and introduced Exhibits 1–5: jurisdictional materials, a certified copy of prior decisions, the petitioner’s petitions for early termination and reduction of penalty, and certified probation records. The accusation, she said, alleged that at a 2018 visit an unlicensed aide set up and used electrical stimulation on a patient and that reused electrode pads caused blisters. The prosecution told the board it found nine causes for discipline, including negligent care, inadequate recordkeeping, aiding unlicensed practice, and failure to supervise and document PTA/PT aide competency. After court‑level proceedings and a superior court remand, Walensky said the board had ordered four years of probation following reconsideration.

Kwan, who identified and spelled his name on the record, repeatedly acknowledged responsibility for the documented failures and described steps he says he took to remediate risks. “I accept responsibility for what I did,” he told the board. He said his clinic stopped allowing PT aides to perform electrical stimulation in 2019 and that only licensed physical therapists or licensed PT assistants now set parameters and apply the modality. “E‑stim is no longer done [by aides],” he said, adding that whenever e‑stim is used “there will always see somebody next to them” and patients are given a call bell.

Kwan described changes to documentation and supervision: he said his clinic now records the full name and designation of any aide in the SOAP notes instead of initials; exercise logs are retyped into the clinical note; competency checklists have been created and signed before aides work with patients; and electrodes are issued and labeled per patient (name, date of birth, issue date) rather than being cleaned and reused. He offered the board copies of his clinic’s electrical‑stimulation policy and a PT‑aide competency checklist.

Walensky objected to admission of the newly provided policy documents on grounds they were not disclosed to the Attorney General’s Office before the hearing. The ALJ overruled the objection after petitioner distributed copies to counsel and board members; the ALJ admitted the items (marked Exhibit A and Exhibit B for identification).

During cross‑examination and board questioning, Kwan agreed he had failed in 2018 to maintain accurate records, sign and date entries, document a discharge summary and adequately supervise PT aides. He explained the electronic medical record system limitations that contributed to the documentation lapses and said he had trained staff, revised protocols, and changed practice flow to improve record accuracy and patient safety. Board members pressed Kwan on specifics: orientation and competency cycles for volunteers who work as aides, equipment check schedules, how electrodes are tracked and retired, and whether aides would again perform e‑stim if his petition were granted. He said aides would not administer e‑stim and described daily checks (hot‑pack thermometers), volunteer‑to‑aide pipelines, and ongoing supervision in the clinic’s open‑gym layout.

In closing, Walensky urged the board to deny the petition, reminding members that the burden is on petitioner to show rehabilitation by clear and convincing evidence and that the board had repeatedly reviewed this matter, previously ordering four years of probation with multiple terms intended to protect the public (practice monitor, prohibitions on supervising certain applicants, notification requirements). Kwan reiterated that he had implemented changes immediately, completed roughly three of the four years of probation and asked the board to conclude those changes demonstrated rehabilitation. “I think the changes were made right away,” he said.

Judge Wong closed the record and submitted the matter; the board recessed to closed session to deliberate. No decision was announced Dec. 11. The board will notify petitioner of its decision after closed‑session deliberations and any required formal action.

What the board reviewed

- Accusation (filed 08/23/2019) alleging inadequate records, aiding unlicensed practice, inadequate supervision of PT aides and other causes for discipline. - Procedural history: an ALJ proposed decision (2020), board rejection, superior court remand and a subsequent four‑year probation order (effective 12/02/2022), with petitioner completing roughly three years of probation to date. - Exhibits admitted at the hearing, including petitioner’s clinic policy on electrode/e‑stim use and a competency checklist for PT aides (Exhibits A and B).

Next steps

The ALJ submitted the matter for the board’s closed‑session deliberation; the board did not issue a decision at the meeting. Any formal action, findings or modifications to probation will be reflected in the board’s written order following deliberation.

Reported authorities and requirements cited in hearing

- Physical Therapy Practice Act (read earlier as the board mission anchor); - Open Meeting Act procedures for public comment and meeting recording (meeting process context).

Clarifying details from the hearing

- Prior discipline timeline: original ALJ proposed decision (12/08/2020); board rejection and decision after rejection (07/02/2021); remand from Superior Court (Sept. 2022); probation effective 12/02/2022 with four years imposed after remand. - Petitioner’s clinic location and practice: San Gabriel Valley; license originally issued 09/10/1999; petitioner said he has been in practice since 1999. - Key operational changes petitioner reported: no aide‑administered e‑stim since 2019; per‑patient labeled electrodes; competency checklists signed before aides work; therapists document PTA/PT aide names in full; new policies and training materials provided to the board as exhibits.

Representative quotes (from the hearing)

- “I accept responsibility for what I did,” — Scott Wei Ho Kwan, petitioner. - “Petitioner has complied with his probation terms and conditions. However, mere compliance with probationary terms is not sufficient evidence of rehabilitation,” — Deputy Attorney General Jade Walensky.