Oregon Revised Statutes Chapter 688 § 688.140 — Grounds for discipline; sanctions; civil penalties

Grounds for discipline; sanctions; civil penalties. (1) The Oregon Board of Physical Therapy, after notice and hearing as provided in ORS 688.145, 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: (a) Refuse to license any applicant. (b) Refuse to renew the license of any physical therapist or physical therapist assistant. (c) Suspend or revoke the license of any physical therapist or physical therapist assistant. (d) Suspend or revoke a temporary permit issued under ORS 688.110. (e) Impose a civil penalty not to exceed $5,000. (f) Impose probation with authority to limit or restrict a license. (g) Impose conditions, restrictions or limitations on practice. (h) Issue letters of reprimand. (i) Impose any other appropriate sanction, including assessment of the reasonable costs of a proceeding under ORS 688.145 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. (2) Grounds exist for the imposition of sanctions as specified in subsection (1) of this section when a person: (a) Violates any provision of ORS 688.010 to 688.201, board rules or a written order from the board. (b) Practices or offers to practice beyond the scope of practice of physical therapy. (c) Obtains or attempts to obtain or renew a license or temporary permit by fraud or misrepresentation. (d) 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. (e) 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. (f) Fails as a physical therapist to supervise physical therapist assistants in accordance with board rules. (g) Fails as a physical therapist or physical therapist assistant to supervise physical therapist aides in accordance with board rules. (h) Subject to the provisions of ORS 670.280, has been convicted of a crime in Oregon or any other state, territory or country. For purposes of this paragraph, conviction includes a verdict of guilty, a plea of guilty or a plea of no contest. (i) Has an impairment as defined in ORS 676.303. (j) 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. (k) Engages in sexual misconduct. For purposes of this paragraph, sexual misconduct includes but is not limited to: (A) Engaging in sexual conduct or soliciting a sexual relationship with a current patient, whether consensual or nonconsensual. (B) 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. (L) 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. (m) Fails to adhere to the standards of ethics of the physical therapy profession established by board rule. (n) Obtains or attempts to obtain a fee for physical therapy services by fraud or misrepresentation. (o) Makes misleading, deceptive or fraudulent representations in the course of providing physical therapy services. (p) Fails to report to the board, when the person has direct knowledge of an unprofessional, incompetent or illegal act that reasonably appears to be in violation of ORS