Chapter 709 Oregon Laws 1999

Session Law

AN ACT

HB 2703

Relating to Physical Therapist Licensing Board sanctions; amending ORS 688.140.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 688.140 is amended to read:

688.140. (1) The Physical Therapist Licensing Board, after notice of and hearing afforded such person as provided in ORS 688.145, may impose any or all of the following sanctions 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 or a permit issued under ORS 688.110.

(d) Impose a civil penalty not to exceed [$1,000] $5,000.

(e) Impose probation with authority to limit or restrict a license.

(f) Issue letters of reprimand.

(2) Grounds exist for the imposition of sanctions as specified in subsection (1) of this section when a person:

(a) Is habitually under the influence of intoxicating liquors.

(b) Is habitually under the influence of controlled substances.

(c) Has been convicted of violating any federal narcotic law or state law relating to controlled substances.

(d) In the judgment of the board and pursuant to ethical and professional standards adopted by rule of the board, is guilty of unethical or unprofessional conduct.

(e) Subject to a finding consistent with ORS 670.280, has been convicted of a crime that is a felony or misdemeanor under the laws of any state or of the United States.

(f) In the judgment of the board, is guilty of gross negligence in practice as a physical therapist or physical therapist assistant.

(g) Has been adjudged mentally ill by a court of competent jurisdiction or has been voluntarily committed to an institution for treatment of mental illness, and thereafter has not been lawfully declared competent.

(h) Has treated or undertaken to treat ailments of persons otherwise than by physical therapy.

(i) Has violated ORS 688.130.

(j) Has obtained or attempted to obtain a license or a permit under ORS 688.010 to 688.220 by fraud or material misrepresentation.

(k) As a physical therapist assistant has undertaken to practice as a physical therapist.

(L) Has violated ORS 688.132.

(m) Has been subjected to discipline by another state based on acts similar to acts described in this subsection. A certified copy of the record of disciplinary action of the state taking the disciplinary action is considered conclusive evidence of the action.

(n) Has violated ORS 688.020.

Approved by the Governor July 14, 1999

Filed in the office of Secretary of State July 15, 1999

Effective date October 23, 1999

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