If a licensed physical therapist is found safe, competent, and to have caused no patient harm — yet still faces severe sanctions — what standards should protect a professional license?

This petition calls for clearer rules, stronger due process, and balanced regulation that protects both the public and licensed professionals.

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THE CORE ISSUE

Licensed professionals make critical decisions every day that affect public health, safety, and well-being. Public trust depends on licensing boards using clear, evidence-based, consistent, and fair standards.

Central Question:

If a board finds a practitioner “safe and competent care with no patient harm,” why should severe sanctions still apply?

This petition seeks systemic reforms that strengthen accountability across all licensed professionals to ensure disciplinary systems are transparent, predictable, and grounded in due process.

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WHAT HAPPENED

After more than 20 years of practice as a Virginia-licensed physical therapist and licensed massage therapist, with no prior disciplinary history and no patient harm findings, I faced disciplinary proceedings over the recommendation of pelvic floortherapy — a recognized area of physical therapy practice.  

The proceedings resulted in a multi-year suspension and ongoing restrictions, despite:

• No prior disciplinary history
• No patient harm findings
• More than 110,000 patient treatments performed
• Longstanding physician referrals
• More than 300 patient statements supporting my care

The proceedings involved allegations that were unequivocally inconsistent with contemporaneous medical documentation, sworn testimony, expert opinion, and established professional teachings.

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TIMELINE OF KEY EVENTS

MORE THAN 20 YEARS OF PRACTICE

• Practiced as a licensed physical therapist and massage therapist with no prior disciplinary history.

MORE THAN 110,000 PATIENT TREATMENTS

• Provided care to thousands of patients over two decades without a finding of patient harm.

DISCIPLINARY PROCEEDINGS INITIATED 

• Proceedings were initiated regarding recommendations related to pelvic floor therapy, a recognized area of physical therapy practice.

INDEPENDENT EXPERT REVIEW CONFIRMS THE CARE WAS APPROPRIATE AND WITHIN STANDARDS

Dr. Holly Tanner, DPT, a nationally recognized pelvic health specialist with over 30 years of experience, reviewed the full patient records. She helped develop the national Pelvic Rehabilitation Provider Certification and trains clinicians nationwide.

Dr. Tanner concluded that the treatments and recommendations at issue were clinically appropriate and within the prevailing standard of care. She found no evidence of unsafe or incompetent practice.

Bottom Line from the Expert

Dr. Tanner wrote:

“In my careful review of the documents… I see nothing to indicate that Mr. Roberts did anything that was clinically inappropriate or outside the prevailing standard of care among physical therapists.”

Dr. Tanner also reviewed the earlier disciplinary orders and other patient records. Her conclusion remained the same: nothing she saw suggests that I cannot or would not practice physical therapy safely and competently.

This independent expert review — from one of the most respected voices in pelvic health physical therapy in the United States — confirms that the care provided followed accepted professional standards, respected patient consent and autonomy, and produced measurable improvement for the patient.

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THE CENTRAL CONTRADICTION

The Virginia Board of Physical Therapy ultimately found that I was:

✅ SAFE & COMPETENT
✅ NOT RESPONSIBLE FOR PATIENT HARM
✅ NOT PROVEN TO HAVE VIOLATED STANDARDS OF CARE 

Yet the proceedings still resulted in:

❌ Multi-year suspension
❌ Severe ongoing restrictions
❌ Loss of livelihood
❌ National reporting consequences

The petition does not ask you to judge the specifics of this one case. It asks whether current systems fairly balance patient protection with due process and evidence-based decisions.

That question extends far beyond one therapist, one board, or one profession.

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WHY THIS MATTERS  

When experienced professionals face severe sanctions despite expert validation and no-harm findings, patients lose access to care — particularly in specialized areas like pelvic health.

This is not just a healthcare issue.

Teachers, nurses, attorneys, engineers, accountants, and other licensed professionals all depend on administrative agencies exercising power fairly, transparently, and consistently. Reforms here would strengthen public confidence in professional regulation across every field.

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KEY FACTS REFLECTED IN THE RECORD

According to the proceedings, testimony, and official record:

• No pelvic floor patients filed complaints.
• More than 300 patient statements supporting my care were submitted during the proceedings.
• Dr. Holly Tanner, the only qualified pelvic health specialist to testify, stated that the care and recommendations were within the standard of practice.
• Contemporaneous medical documentation differed from key allegations raised during the proceedings.
• Questions arose regarding whether disciplinary expectations were clearly established and consistently applied at the time the care was provided.
• The Virginia Board of Physical Therapy ultimately concluded that I was safe and competent and not responsible for patient harm.
• Despite those findings, significant disciplinary sanctions remained in place.
• Patients who had previously sought care from me lost access to an experienced provider.

These facts raise broader questions about how professional disciplinary systems should balance public protection, due process, clearly established standards, and evidence-based decision-making.

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QUESTIONS RAISED ABOUT THE DISCIPLINARY PROCESS

According to testimony, court proceedings, and the administrative record, issues raised during the disciplinary process included:

• Questions regarding the retroactive application of newly interpreted standards
• Questions regarding whether professional expectations were clearly established and consistently applied
• Reimposition of substantially similar sanctions after due process concerns were identified by a court
• Questions regarding the completeness of portions of the appellate record
• Questions regarding the separation of investigative, advisory, and adjudicative functions
• Questions regarding consistency in the application of investigative procedures and administrative requirements

In addition, testimony from the DHP Investigators during the proceedings indicated that:

• Significant exculpatory evidence remained unreviewed within investigative files for extended periods of time
• Certain medical records and consent documentation were not included in investigative summaries
• Portions of the investigative process did not consistently follow published procedures and Administrative Process Act requirements

These issues raise broader questions about how disciplinary systems can best ensure fairness, transparency, accountability, and public confidence while continuing to protect patients and uphold professional standards.

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WHY THIS MATTERS TO PATIENTS

Professional regulation exists to protect patients.

Patients also benefit when regulatory systems are transparent, consistent, and grounded in clearly established standards.

When experienced clinicians leave practice or face significant restrictions, patients may experience:

• Reduced access to care
• Longer wait times
• Disruption of established provider relationships
• Fewer options when seeking specialized treatment

These concerns can be particularly significant in areas such as pelvic health, where provider shortages already exist in many communities.

Patients also have an important interest in participating in their own healthcare decisions and maintaining access to qualified providers.

Informed adults should be able to:

• discuss treatment options with their providers,
• make informed decisions regarding their care,
• continue treatment with qualified clinicians they trust,
• and participate meaningfully in decisions affecting their healthcare experience.

Strong healthcare systems protect patient safety, professional accountability, patient autonomy, and access to care simultaneously.

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WHAT WE ARE ASKING VIRGINIA LEADERS TO DO

This petition is about strengthening confidence in professional regulation for practitioners, patients, and the public.

We respectfully ask the Federation of State Boards of Physical Therapy (FSBPT), Virginia lawmakers, courts, regulatory agencies, and professional licensing boards to consider the following reforms:

ENSURE CLEAR STANDARDS BEFORE DISCIPLINE

• Require professional standards, expectations, and disciplinary criteria to be clearly published and accessible before they may be used as a basis for disciplinary action.

PROHIBIT RETROACTIVE ENFORCEMENT

• Prevent agencies from imposing discipline based upon interpretations, expectations, or standards that were not clearly established at the time the care was provided.

PROTECT DUE PROCESS

• Ensure that every licensee receives a fair, impartial, and transparent process, including meaningful consideration of all relevant evidence, expert testimony, and exculpatory information.

STRENGTHEN INDEPENDENT OVERSIGHT

• Establish independent review mechanisms in cases involving severe sanctions, lenghty suspensions, or significant restrictions on professional practice.

REQUIRE EVIDENCE-BASED DECISION MAKING

• Ensure disciplinary findings remain tied to objective evidence, documented facts, established standards of practice, and reasoned conclusions supported by the record.

IMPROVE TRANSPARENCY AND ACCOUNTABILITY

• Promote transparency in disciplinary proceedings, board deliberations, voting procedures, and appellate records to strengthen public trust and institutional accountability.

SUPPORT REHABILITATION AND PROFESSIONAL RETENTION

• Encourage disciplinary systems that prioritize education, remediation, and professional improvement whenever appropriate rather than unnecessarily career-ending outcomes.

PROTECT PATIENT AUTONOMY

• Safeguard the right of informed adult patients to participate in healthcare decisions and preserve access to qualified providers whenever patient safety is not at risk.

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WHY SIGN & SHARE THIS PETITION?

Public confidence in professional regulation depends not only on protecting patients, but also on ensuring that disciplinary decisions are understandable, evidence-based, transparent, and consistently applied.

Please sign and share this petition if you believe in:

• Due process
• Transparent healthcare regulation
• Patient autonomy
• Evidence-based oversight
• Consistent and accountable enforcement
• Fair administrative process

Share it with:

• Healthcare professionals
• Patients
• Journalists
• Civil liberties advocates
• Lawmakers
• Attorneys
• Anyone concerned about government accountability and fair administrative process 

Because confidence in professional regulation is strongest when patient protection, professional accountability, and fundamental principles of fairness are advanced together.

Scott Roberts, PT, LMT

Virginia Licensed Physical Therapist & Massage Therapist 

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MEDIA INQUIRIES

Scott Roberts, PT, LMT

Email: scott@robertspt.com

Available for interviews and can provide documents, expert contacts, and the full expert declaration.