ORS 688.140
Grounds for discipline

  • sanctions
  • civil penalties

(1)

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:

(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 (Temporary permit).

(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 (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.

(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 (Definitions for ORS 688.010 to 688.201) to 688.201 (Disposition of receipts), 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 (Denial, suspension or revocation of license based on criminal conviction), 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 (Purposes of health professional regulatory boards).

(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 688.010 (Definitions for ORS 688.010 to 688.201) to 688.201 (Disposition of receipts) or any rules of the board.

(q)

Interferes with an investigation or disciplinary proceeding of the board.

(r)

Aids or abets a person who is not licensed in this state to practice physical therapy.

(s)

Fails to maintain adequate patient records.

(t)

Fails to maintain patient confidentiality.

(u)

Provides treatment intervention that is not warranted by the patient’s condition or continues treatment beyond the point of reasonable benefit to the patient.
(v)
Provides physical therapy services or participates in physical therapy services solely for reasons of personal or institutional financial gain.

(w)

Aids or causes another person, directly or indirectly, to violate ORS 688.010 (Definitions for ORS 688.010 to 688.201) to 688.201 (Disposition of receipts) or rules of the board, fraudulently uses or permits the use of a license number in any way, or acts with the intent to violate ORS 688.010 (Definitions for ORS 688.010 to 688.201) to 688.201 (Disposition of receipts) or rules of the board.

(3)

To enforce the provisions of this section, the board is authorized to initiate an investigation and take the following actions:

(a)

Receive complaints filed against persons and conduct timely investigations.

(b)

Initiate its own investigation if the board has reason to believe that there may have been a violation of ORS 688.010 (Definitions for ORS 688.010 to 688.201) to 688.201 (Disposition of receipts).

(c)

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.

(d)

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.

(e)

Take emergency action to suspend a person’s license or restrict the person’s practice or employment pending proceedings by the board.

(f)

Report to the appropriate district attorney all cases that, in the judgment of the board, warrant prosecution.

(g)

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.

(4)

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:

(a)

Dismiss the complaint.

(b)

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.

(5)

The board may apply for injunctive relief in any court of competent jurisdiction to enjoin any person from committing any act in violation of ORS 688.010 (Definitions for ORS 688.010 to 688.201) to 688.201 (Disposition of receipts). Injunction proceedings are in addition to, and not in lieu of, penalties or other sanctions prescribed in ORS 688.010 (Definitions for ORS 688.010 to 688.201) to 688.201 (Disposition of receipts). [1959 c.461 §14; 1969 c.339 §15; 1971 c.585 §14; 1975 c.111 §11; 1979 c.744 §59; 1983 c.224 §5; 1985 c.41 §3; 1989 c.947 §2; 1993 c.211 §2; 1999 c.709 §1; 2005 c.627 §12; 2009 c.756 §66; 2019 c.43 §22]

Source: Section 688.140 — Grounds for discipline; sanctions; civil penalties, https://www.­oregonlegislature.­gov/bills_laws/ors/ors688.­html.

688.010
Definitions for ORS 688.010 to 688.201
688.015
Findings and purpose
688.020
License required to practice physical therapy or use designation
688.030
Application of ORS 688.010 to 688.201
688.035
Short title
688.040
Licensing procedure
688.050
Qualifications of physical therapist
688.055
Qualifications of physical therapist assistant
688.080
Reciprocity
688.090
License
688.100
Renewals
688.110
Temporary permit
688.120
Fraudulent representations prohibited
688.125
Notice to patient of interest in physical therapy practice
688.132
Duty to refer person
688.135
Duties and responsibilities of physical therapist
688.140
Grounds for discipline
688.145
Discipline procedure
688.160
Oregon Board of Physical Therapy
688.201
Disposition of receipts
688.230
Report of suspected violation
688.240
Physical Therapy Licensure Compact
688.405
Definitions for ORS 688.405 to 688.605
688.415
License or permit requirement
688.425
Licensed persons may use title
688.435
Application of ORS 688.405 to 688.605
688.445
Licensing and renewal procedure
688.455
License fee
688.460
Exemption from certain licensure requirements
688.480
Qualifications of operators of certain equipment
688.485
Examinations
688.495
Licensing of radiographer without examination
688.505
Evidence of continuing education on renewal
688.510
Certificate to practice fluoroscopy
688.515
Limited X-ray machine operator permit
688.517
Bone densitometry certificate
688.520
Inactive licenses and permits
688.525
Grounds for discipline
688.545
Board of Medical Imaging
688.555
Rulemaking
688.557
Authority of board to require fingerprints
688.560
Fees
688.565
Continuing education
688.585
Board of Medical Imaging Account
688.595
Enforcement and inspections
688.600
Investigation of alleged violations
688.603
Fines
688.605
Duty to report violation
688.620
Practice of fluoroscopy by advanced practice registered nurse
688.625
Definitions for ORS 688.625 to 688.665
688.630
Certification requirement
688.635
Scope of practice of hemodialysis technician
688.640
Application for certificate
688.645
Fees
688.650
Qualifications for certification
688.655
Grounds for denying, suspending or revoking certificate
688.660
Grounds for discipline of certificate holder
688.665
Rules
688.701
Definitions for ORS 688.701 to 688.734
688.705
Board of Athletic Trainers
688.707
Officers
688.709
Board duties
688.715
Authority of Health Licensing Office
688.718
License required
688.720
Requirements for licensure
688.730
Use of title
688.734
Disciplinary authority of Health Licensing Office
688.800
Definitions for ORS 688.800 to 688.840
688.802
License required to practice respiratory care
688.803
License required to practice polysomnography
688.805
Exceptions to license requirements
688.807
Exemptions for practice of polysomnography and respiratory care by licensed individuals
688.810
Use of titles
688.815
License to practice respiratory care
688.819
Polysomnographic technologist license
688.820
Respiratory Therapist and Polysomnographic Technologist Licensing Board
688.825
Selection of board chairperson
688.830
Duties of Health Licensing Office and of board
688.836
Disciplinary authority of Health Licensing Office
688.838
Duty to report prohibited conduct
688.840
Immunity from civil liability
688.915
Civil penalty for violation of ORS 688.405 to 688.605 or rules
688.990
Criminal penalties
688.995
Criminal penalty for violation of ORS 688.800 to 688.840
688.997
Criminal penalty for violation of ORS 688.718
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