APTA

Disciplinary Action Procedural Document Part 1
Disciplinary Action Procedural Document Part 2

APPENDIX

Complainant’s Responsibilities and Rights

1.

Make written complaint to Chapter President (or Ethics and Judicial Committee) that a member has violated the ethical principles or standards of the Association. (Section 1(a)

2.

Receive acknowledgment of receipt of complaint. (Sections 1(a)

3.

Have the opportunity to submit to investigator a statement of position or other evidence with respect to the allegations. (Section 3(b)

4.

May act as witness if hearing takes place. (Section 3(g)

5.

Receive notice of final action of the Ethics and Judicial Committee or the Board of Directors. (Section 6(a) or 6(g))

Chapter President’s Responsibilities

1.

Obtain legal consultation from Association headquarters, as appropriate. (Introduction)

2.

Receive written complaint. (Section 1(a))

3.

Immediately forward copy of complaint to Ethics and Judicial Committee. (Section 1(a)(1))

4.

Obtain a case number from APTA staff (Section 1(a)(1))

5.

Send complainant acknowledgment of receipt of complaint. (Section 1(a)(1))

6.

Decide whether to initiate an APTA ethics proceeding, in consultation with Chair of Chapter Ethics Committee (CEC). (Section 1(b))

7.

Notify the Ethics and Judicial Committee if the President declines to issue a notice of charges based on complaint (Section 1(b)(1), Section 1(b)(2)(A))

8.

Notify complainant of decision not to initiate an ethics proceeding. (Section 1(b)(1))

9.

Forward to Ethics and Judicial Committee copy of any reliable information that might be the basis for an ethics proceeding (Section 1(c)(1))

11.

Determine whether to initiate a proceeding based on reliable information indicating an ethical violation. (Section 1(c)(2))

12.

Notify the Ethics and Judicial Committee if the President declines to issue a notice of charges based on reliable information (Section 1(c)(2)(a), Section 1(c)(2)(B)(i))

13.

Prepare notice of charges describing conduct at issue, citing ethical Principle(s)/Standard(s), and referring case to CEC. (Section 1(b)(2)(C))

14.

Send respondent notice of charges, with copy of complaint (if any), copy to CEC and Ethics and Judicial Committee. (Section 1(b)(2)(C))

15.

Receive notice of final action of the Ethics and Judicial Committee or the Board of Directors. (Section 6(a) or 6(g))

Chapter Ethics Committee’s Responsibilities

1.

Obtain legal consultation from Association headquarters, when appropriate. (Introduction)

2.

Accept referral of case from Chapter President. (Section 1(b)(2)(C) or 1(c))

3.

Appoint investigator. (Section 3(a))

4.

Receive the investigative file and make record of date of receipt. (Section 3(c))

5.

Determine whether investigative file has evidence tending to substantiate the charges in the President’s notice. (Section 3(e))

6.

Notify respondent, Ethics and Judicial Committee, Chapter President, and complainant (if any) of summary dismissal of charges. (Section 3(e))

7.

Notify respondent of rights to obtain copy of investigative file and (if respondent is still a member) to have a hearing before the CEC. (Section 3(f))

8.

Provide respondent copy of investigative file, if requested. (Section 3(f))

9.

Notify respondent of date, time, and place of hearing (if any). (Section 3(f)(1))

10.

Conduct hearing (if demanded by respondent or chosen by CEC). (Section 3(g))

11.

If respondent ceases to be a member complete collection of available information to facilitate later reopening, and forward record to Ethics and Judicial Committee. (Section 3(i))

12.

Report status of case to Ethics and Judicial Committee. (Section 3(k))

13.

Issue a decision dismissing the charges or recommending disciplinary action. (Section 4(a))

14.

Mail to respondent CEC’s decision, including notice of right to request a hearing before Ethics and Judicial Committee and to make written submission, with copy to Ethics and Judicial Committee. (Section 4(b))

15.

Mail entire original record to Ethics and Judicial Committee. (Section 4(c))

16.

Retain duplicate copy of entire record until and unless directed by APTA staff in writing to destroy such copy. (Section 4(c))

17.

Receive notice of Ethics and Judicial Committee’s action with respect to CEC’s recommendation of disciplinary action. (Section 5(c))

18.

Receive notice of final action of the Ethics and Judicial Committee or the Board of Directors. (Section 6(a) or 6(g))

19.

Monitor probation and report noncompliance to Ethics and Judicial Committee. (Sections 7(a))

Ethics and Judicial Committee’s Responsibilities

1.

Receive copy of complaint filed with Chapter President. (Section 1(a)(1))

2.

Serve as alternative recipient of complaint -- for responsibilities, see Chapter President’s responsibilities. (Section 1(a)(2))

3.

Assign case number to proceeding. (Section 1(a)(1) and 1(c))

4.

Receive copy of Chapter President’s decision not to initiate an ethics proceeding. (Section 1(b)(1), 1(b)(2)(A))

5.

Receive copy of notice of charges prepared by Chapter President. (Section 1(b)(2)(C) or 1(c)(2)(b)(ii))

6.

Forward to Chapter President reliable information indicating an ethical violation. (Section 1(c))

7.

Receive from Chapter President or CEC complaint (or other documentation) indicating commission of serious crime or revocation of licensure. (Section 2(c))

8.

Prepare and send notice of suspension and charges in case of serious crime or revocation of licensure. (Section 2(d) and 2(e))

9.

Dismiss charges based on serious crime or revocation of licensure or impose disciplinary action or impose disciplinary action. (Section 2(f)(3))

10.

Receive copy of CEC notice of summary dismissal. (Section 3(e))

11.

Receive copy of CEC notice of respondent’s right to hearing and to obtain copy of investigative file. (Section 3(f))

12.

Receive copy of CEC decision to dismiss or to recommend disciplinary action. (Section 4(b))

13.

Receive entire original record together with CEC’s dismissal of charges or recommendation for disciplinary action (if any). (Section 3(i) and 4(c))

14.

Receive from respondent request for hearing or written submission. (Section 5(a))

15.

Notify respondent notice of date, time, and place of hearing. (Section 5(b))

16.

Make decision on CEC’s recommendation and notify respondent and CEC. (Section 5(c))

17.

Retain record of the proceeding for time required. (Section 5(c))

18.

Publish fact of suspension or expulsion in PT Magazine and Physical Therapy after decision becomes final. (Section 5(d))

19.

Alert staff as to respondent whose membership lapsed and maintain record of case for reactivation. (Section 5(e))

20.

Forward copies of unappealed decision to Chapter President, CEC, complainant, and Board of Directors. (Section 6(a) and 6(f)(1))

21.

Receive copy of notice of appeal and forward record to Board of Directors. (Section 6(b) and 6(f)(2))

22.

Make decision on remand in accordance with directions from Board of Directors and Procedural Document. (Section 6(e))

23.

Receive CEC notice of noncompliance with conditions of probation; send notice of review to respondent; review case; notify respondent and CEC of decision. (Section 7(a)(1) and 7 (a)(2))

24.

Receive respondent’s request for termination of suspension; determine compliance with “Good Standing” conditions of Bylaws; give respondent opportunity to respond to proposal to make negative compliance determination. (Section 7(b)(1))

25.

Terminate suspension and notify respondent, CEC, and staff if compliance determination is affirmative. (Section 7(b)(2))

26.

Decide whether to terminate or extend suspension if compliance determination is negative; notify respondent. (Section 7(b)(3))

Respondent’s Responsibilities and Rights

1.

Right to receive from Chapter President notice of charges describing conduct at issue and citing ethical Principle(s)/Standard(s) allegedly violated. (Section 1(b)(2)(C) or 1(c))

2.

Receive notice of suspension and charges from Ethics and Judicial Committee in case involving commission of serious crime or revocation of licensure. (Section 2(d))

3.

Right to have hearing before or make written submission to Ethics and Judicial Committee concerning serious crime or revocation of licensure. (Section 2(e))

4.

Receive notice of Ethics and Judicial Committee’s decision concerning serious crime or revocation of licensure. (Section 2(f)(3))

5.

Right to submit statement of position or other evidence with respect to charges against respondent. (Section 3(b))

6.

Right to be advised by investigator of adverse evidence and to respond. (Section 3(b))

7.

Right to confidentiality as provided in Procedural Document. (Section 3(d))

8.

Receive notice of CEC’s summary dismissal of charges. (Section 3(e))

9.

Receive notice of right to obtain copy of investigative file and (if still an APTA member) to have a hearing before CEC. (Section 3(f))

10.

Receive CEC’s notice of date, time, and place of hearing. (Section 3(f)(1) or 3(f)(2))

11.

Attend the CEC hearing; right to examine and cross-examine witnesses, produce documents, consult with counsel. (Section 3(g))

12.

Receive notice of recommended disciplinary action or dismissal of complaint. (Section 4(b))

13.

Request hearing before Ethics and Judicial Committee or make written submission to Ethics and Judicial Committee. (Section 5(a))

14.

Receive Ethics and Judicial Committee’s notice of date, time, and place of hearing. (Section 5(b))

15.

Attend the Ethics and Judicial Committee hearing. (Section 5(b))

16.

Receive notice of the Ethics and Judicial Committee’s decision and explanation of appeals procedure. (Section 5(c))

17.

Appeal Ethics and Judicial Committee’s decision to Board of Directors. (Section 6(a))

18.

Receive Board’s notice of date, time, and place of hearing; appear and present testimony or make written submission. (Section 6(c))

19.

Receive notice of Board of Directors’ decision on appeal. (Section 6(g))

20.

Receive notice of Ethics and Judicial Committee’s decision on remand (if any) with explanation of appeals procedure. (Section 6(e))

21.

Receive copy of CEC notice of noncompliance with conditions of probation. (Section 7(a))

22.

Receive notice of Ethics and Judicial Committee’s review as to noncompliance with probation and right to appear and/or make written submission. (Section 7(a)(1))

23.

Receive Ethics and Judicial Committee’s decision as to noncompliance with probation; right to appeal to Board of Directors if result is stricter disciplinary action. (Section 7(a)(2))

24.

Submit request for termination of suspension to Ethics and Judicial Committee. (Section 7(b))

25.

Receive notice of proposed determination of noncompliance with “Good Standing” conditions if based on evidence extrinsic to request for termination. (Section 7(b)(1))

26.

Receive Ethics and Judicial Committee decision to terminate or extend suspension. (Section 7(b)(3))

Investigator’s Responsibilities

1.

Conduct objective unbiased investigation. (Section 3(b))

2.

Give respondent and complainant opportunity to submit a

3.

Give respondent opportunity to respond to adverse evidence developed. (Section 3(b))

4.

Transmit investigative file, with no recommendation, to CEC. (Section 3(c))

5.

Be available if hearing takes place to clarify the contents of investigative file. (Section 3(c))

Board of Directors’ Responsibilities

1.

If no appeal is taken, receive copy of final decision of Ethics and Judicial Committee. (Section 6(a))

2.

Receive notice of appeal from respondent. (Section 6(b))

3.

If appeal is taken, receive record of proceedings of Ethics and Judicial Committee. (Section 6(b))

4.

Notify respondent of date, time, and place of consideration of appeal. (Section 6(c))

5.

Hear and make decision on appeal. (Section 6(d))

6.

Notify the respondent of its decision. (Section 6(g))

7.

Forward a copy of a final decision to the Ethics and Judicial Committee, the Chapter President, the CEC and the complainant (if any). (Section 6(g))

(Program 17 – Judicial/Legal Issues, ext 3253)

Disciplinary Action Procedural Document Part 1
Disciplinary Action Procedural Document Part 2