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Disciplinary Action Detail

Public | Disciplinary Actions | Disciplinary Detail

Disciplinary Date: 07/15/19
PT/PTA Name: James C. Gwinn, PTA
Violated Law: W. Va. Code §30-20-10, §30-20-19, W. Va. Code R. §16-1-7.2, R. §16-1-7.5
Violation: The Board conducted an investigation regarding a written complaint it received from Mr. Gwinn's employer concerning alleged behavior which resulted in him no longer being allowed to work in the facility. At or around the same time, Mr. Gwinn entered into a residential treatment program for substance abuse. Mr. Gwinn completed his aftercare and treatment in November 2018, and he considers himself fit for duty. In December 2017, Mr. Gwinn renewed his PTA license online and failed to disclose that he was being investigated by the Board.
Penalty: Mr. Gwinn's license is placed on probation for a period of 24 months. During this period of probation, Mr. Gwinn shall practice only under the direct supervision of a licensed physical therapist of the Board's choosing, in an outpatient setting. Mr. Gwinn shall not provide in-home care or practice physical therapy in a residential skilled nursing facility, nursing home, or in-patient rehabilitation center. The supervising physical therapist shall submit quarterly reports to the Board regarding Mr. Gwinn's work ethic and performance. By the 1st day of the 22nd month of the probationary period, the supervising physical therapist shall submit a final report to the Board that shall include a recommendation concerning Mr. Gwinn's ability to return to independent practice. Within 60 days from the entry of the consent agreement and order, Mr. Gwinn shall provide the Board written confirmation of his substance abuse detoxification, treatment and aftercare. Within 90 days from the entry of the consent agreement and order, Mr. Gwinn shall reimburse the Board for administrative costs in the investigation in the amount of $750.00. During the 23rd or 24th month of the probation period, Mr. Gwinn shall appear before the Board to document and assure the Board that he has met all requirements of the consent agreement and order. At the Board's discretion, and at Mr. Gwinn's expense, a fitness for duty evaluation may be required for reinstatement. Once all terms have been met, Mr. Gwinn's license shall be reinstated to a licensee in good standing.
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