752 S.E.2d 294
W. Va.2013Background
- Ferdinand Sorongon, a licensed West Virginia physical therapist and owner of Kanawha Valley Physical Therapy Center, faced Board charges for improper supervision of staff.
- In Feb 2009, Sorongon entered a consent agreement acknowledging lack of appropriate supervision and delegated supervision to an athletic trainer, placing him on a two-year probation.
- May 26, 2010, the Board conducted an unannounced site visit leading to additional charges regarding supervision of physical therapist assistants and aides.
- An August 2011 hearing examiner found violations of the consent order for supervision failures and/or improper delegation, prompting the Board to revoke Sorongon’s license and assess costs.
- The Kanawha County Circuit Court affirmed the Board’s order on Jan 26, 2012, but found error in admitting evidence obtained after the charges were issued; nonetheless it upheld the Board’s findings based on investigatory evidence.
- The West Virginia Supreme Court of Appeals, sitting per curiam, affirmed in part, reversed in part, and remanded to the Board, holding that supervision of a PT aide was not a direct-supervision violation, but that supervision of a PT assistant in treatment was improperly interpreted and should be reconsidered on remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Supervision of a PT assistant | Sorongon contends PT assistant required direct supervision. | Board argues on-site supervision sufficed under 2009 rules. | Court held no direct supervision required for the PT assistant; reversed the circuit court on this point. |
| Direct supervision of a PT aide (Sayre) | SORONGO argues immediate treatment-area/line-of-sight rule was improperly applied retroactively. | Board contends immediate treatment-area standard applicable and violated by Sorongon. | Court concluded the term and standard were not vague and found Sorongon failed to directly supervise the aide. |
Key Cases Cited
- Petition of Hull, 159 W. Va. 363, 222 S.E.2d 813 (1976) (court reverses when appellee confesses merit and law supports reversal)
- State v. Veterans of Foreign Wars, 144 W. Va. 137, 107 S.E.2d 353 (1959) (ordinary meaning of statutory language governs interpretation)
- Muscatell v. Cline, 196 W. Va. 588, 474 S.E.2d 518 (1996) (standard of review for administrative orders on appeal)