The Oregon Board of Physical Therapy, after notice and hearing as provided in ORS 688.145 (Discipline procedure), may impose any or all of the following sanctions or take any of the following actions upon any of the grounds specified in subsection (2) of this section:
Refuse to license any applicant.
Refuse to renew the license of any physical therapist or physical therapist assistant.
Suspend or revoke the license of any physical therapist or physical therapist assistant.
Impose probation with authority to limit or restrict a license.
Impose conditions, restrictions or limitations on practice.
Issue letters of reprimand.
Impose any other appropriate sanction, including assessment of the reasonable costs of a proceeding under ORS 688.145 (Discipline procedure) as a civil penalty. Costs include, but are not limited to, the costs of investigation, attorney fees, hearing officer costs and the costs of discovery.
Grounds exist for the imposition of sanctions as specified in subsection (1) of this section when a person:
Practices or offers to practice beyond the scope of practice of physical therapy.
Obtains or attempts to obtain or renew a license or temporary permit by fraud or misrepresentation.
Provides substandard care as a physical therapist through a deliberate or negligent act or failure to act, regardless of whether injury to the patient occurs.
Provides substandard care as a physical therapist assistant by exceeding the authority to perform components of physical therapy interventions selected by the supervising physical therapist or through a deliberate or negligent act or failure to act, regardless of whether injury to the patient occurs.
Fails as a physical therapist to supervise physical therapist assistants in accordance with board rules.
Fails as a physical therapist or physical therapist assistant to supervise physical therapist aides in accordance with board rules.
Has had an application for licensure refused because of conduct or circumstances that would be grounds for sanctions by the board, or a license revoked or suspended, or other disciplinary action taken by the proper authorities of another state, territory or country.
Engages in sexual misconduct. For purposes of this paragraph, sexual misconduct includes but is not limited to:
Engaging in sexual conduct or soliciting a sexual relationship with a current patient, whether consensual or nonconsensual.
Intentionally exposing or viewing a completely or partially disrobed patient in the course of treatment if the exposure or viewing is not related to patient diagnosis or treatment under current practice standards.
Directly or indirectly requests, receives, pays or participates in dividing, transferring or assigning an unearned fee or profits by a means of a credit or other valuable consideration such as an unearned commission, discount or gratuity in connection with the furnishing of physical therapy services. This paragraph does not prohibit the members of any regularly and properly organized business entity recognized by law and comprised of physical therapists from dividing fees received for professional services among themselves as they determine.
Fails to adhere to the standards of ethics of the physical therapy profession established by board rule.
Obtains or attempts to obtain a fee for physical therapy services by fraud or misrepresentation.
Makes misleading, deceptive or fraudulent representations in the course of providing physical therapy services.
Issue a subpoena to compel the attendance of any witness or the production of any documentation relating to a matter under investigation. In addition to the board, the executive director or the executive director’s designee may issue a subpoena. When the board, in the course of an investigation, requires the production of patient records for inspection and copying by subpoena, or otherwise, the records shall be produced without regard to whether patient consent has been obtained and without regard to any claim of confidentiality or privilege.
Take the deposition of a witness, including a physical therapist or physical therapist assistant being investigated, in the manner provided by law in civil cases.
Take emergency action to suspend a person’s license or restrict the person’s practice or employment pending proceedings by the board.
Report to the appropriate district attorney all cases that, in the judgment of the board, warrant prosecution.
Require a person to undergo a mental, physical, chemical dependency or competency evaluation at the person’s expense when the board has objectively reasonable grounds to believe that the person is or may be unable to practice physical therapy with reasonable skill and safety, with the results being reported to the board. The report shall not be disclosed to the public but may be received into evidence in a proceeding between the board and the person when the mental, physical, chemical dependency or competency of the person is at issue, notwithstanding any claim of privilege by the person.
If the board finds that the information received in a complaint or an investigation does not merit disciplinary action against a person, nondisciplinary actions may ensue. The board may then take the following actions:
Dismiss the complaint.
Issue a confidential advisory letter to the person that is nondisciplinary and that notifies the physical therapist or physical therapist assistant that certain conduct or practices must be modified or eliminated.