Case Result: Physical Therapy Assistant’s Suspension Lifted After Contending Not Being Treated Fairly by HPRP

Professional:
Physical Therapy Assistant

Primary issue:
Client physical therapy assistant was convicted of OWI, a misdemeanor, in 2015. The client was not aware of the reporting law for professionals, and in 2017 an administrative complaint was filed. Client self-referred to HPRP, and upon undergoing a substance abuse evaluation per the requirements of HPRP, the evaluator’s diagnosis was “Marijuana Use Disorder-Severe,” despite evidence to the contrary.

Client was forced to enter into a three-year substance abuse monitoring agreement with HPRP. One of the requirements of the monitoring agreement was frequent drug screens. For a variety of inconsequential reasons, HPRP kept extending the time period of the monitoring agreement, costing our client thousands of dollars.

In June 2020, client missed two drug screens because of fears of COVID-19 at the drug-testing center. The client explained to the HPRP of having a pregnant wife and small child at home and not wanting to endanger them, but the HPRP would not listen. Client tried appealing the continued monitoring agreement through HPRP’s internal review process but was denied. Angered at not being treated fairly by HPRP, and having been monitored over three years, our client unilaterally withdrew from HPRP.

As a result, the Michigan Bureau of Professional Licensing-LARA filed an Administrative Complaint against client’s PTA license and filed an Order of Summary Suspension, which prevented client from practicing in the State of Michigan.

Argument:
We secured a letter from client’s private HPRP therapist, stating that the client achieved all the benefits of the HPRP program and no longer needed monitoring. We further aided the client in getting several letters of support to demonstrate the client did not have any form of impairment issue, then presented them with other information to the Attorney General’s office.

Result:
After some tough rounds of negotiations, a settlement was reached wherein the client’s suspension was lifted; the client’s license would only be on probation for six to nine months; and the client would be allowed to practice and not have to re-enter HPRP.

Areas of Law:
Healthcare Licensing
Professional Licensing Defense
Substance Abuse & Impaired Practitioners

Disclaimer:
This information is a sample of our past results. Prospective clients may not obtain the same or similar results. Every case is different and each case must be evaluated and handled on its own merits. The circumstances of your case may differ from the results provided. The information provided has not been reviewed or approved by the State Bar.

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Case Lawyers

Michael R. Dorfman​
Senior Attorney

Professional Licensing & Regulatory Affairs

Michigan Office
1441 W. Long Lake Road, Suite 310
Troy, MI 48098
Phone: (248) 644-6326

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