OAR 848-045-0010: Authority and Sanctions

(1) If a licensee practices in a manner detrimental to the public health and safety or engages in illegal, unethical or unprofessional conduct as defined by the statutes and OAR 848-045-0020(2), the Board, after notice and opportunity for hearing as provided in ORS 688.145, may: (a) Suspend or revoke a license or temporary permit. (b) Impose a civil penalty not to exceed $5,000, with the penalty for non-compliance with continuing competence requirements to be as provided in the penalty schedule set out in Appendix A of these rules, and the penalty for practicing with a lapsed license to be as provided in the penalty schedule set out in Appendix B of these rules. (c) Impose probation with conditions. (d) Impose conditions, restrictions or limitations on practice. (e) Reprimand the licensee. (f) 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) A disciplinary sanction imposed against a licensee shall be generally consistent with sanctions imposed by the Board against other licensees in substantially similar cases. (3) If a licensee has a mental, emotional or physical condition which impairs the licensee's ability or competency to practice physical therapy in a manner consistent with the public health and safety, the Board, after notice and opportunity for hearing as provided in ORS 688.145, may suspend or revoke the license or temporary permit, impose probation with conditions, or impose conditions, restrictions or limitations on practice. (4) As used in this rule, "licensee" includes a physical therapist or a physical therapist assistant, a temporary permit holder and an Oregon Compact Privilege holder. (Appendices: Appendices referenced are available from the agency.)