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, 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 688.010 to 688.201 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 to 688.201 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 to 688.201 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 to 688.201. (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 to 688.201. Injunction proceedings are in addition to, and not in lieu of, penalties or other sanctions prescribed in ORS 688.010 to 688.201. [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] 688.140. (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 if the crime poses a risk to the public’s safety or welfare relative to the practice of physical therapy. 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, whether consensual or nonconsensual, with a patient with whom the physical therapist or physical therapist assistant has a current physical therapist-patient or physical therapist assistant-patient relationship. (B) Verbally, physically or through electronic means making advances, requesting favors, expressing thoughts or feelings or making gestures that are sexual in nature or that reasonably may be construed by a patient as sexual in nature. (C) 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 to 688.201 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 to 688.201 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 to 688.201 or rules of the board. (x) Abuses the physical therapist-patient or physical therapist assistant-patient relationship to exert undue influence or to exploit any person over whom the physical therapist or physical therapist assistant has supervisory, evaluative or other authority. (y) Engages, or attempts to engage, in conduct that subverts or undermines the integrity of an examination described in ORS 688.058, including but not limited to using in any manner recalled or memorized examination questions, violating security or copyright provisions related to the examination, failing to comply with examination administration procedures, communicating or attempting to communicate with other applicants during an examination or copying or sharing examination questions or portions of questions. (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 to 688.201. (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 to 688.201. Injunction proceedings are in addition to, and not in lieu of, penalties or other sanctions prescribed in ORS 688.010 to 688.201. (6) If the board receives a complaint that a person is engaged in conduct that violates ORS 688.020 (1) or (3), or on its own initiative begins an investigation, the board shall investigate to the extent necessary to determine whether the person is engaged in the alleged conduct and shall inform the person of the investigation and reason for the investigation. The board may refer the matter to the Attorney General or to the appropriate district attorney. (7) Sexual contact that occurs between a physical therapist and patient or physical therapist assistant and patient after the termination of the physical therapist-patient or physical therapist assistant-patient relationship may constitute sexual misconduct as described in subsection (2) of this section if the sexual contact is a result of the exploitation of trust or knowledge or the influence of emotions derived from the physical therapist-patient or physical therapist assistant-patient relationship.