Disciplinary actions.

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(1) (a) The board, in accordance with article 4 of title 24 and section 12-20-403, may take disciplinary or other action as specified in section 12-20-404 or impose public censure if the board or the board's designee determines after notice and the opportunity for a hearing that the licensee has committed an act specified in section 12-285-120.

(b) In the case of a deliberate and willful violation of this article 285 or if the public health, safety, and welfare require emergency action, the board may take disciplinary action on an emergency basis under sections 24-4-104 and 24-4-105.

  1. The board may send a letter of admonition to a licensee under the circumstancesspecified in and in accordance with section 12-20-404 (4).

  2. In any disciplinary order that allows a physical therapist to continue to practice, theboard may impose upon the licensee conditions the board deems appropriate to ensure that the physical therapist is physically, mentally, and professionally qualified to practice physical therapy in accordance with generally accepted professional standards. The conditions may include any or all of the following:

  1. Examination of the physical therapist to determine his or her mental or physical condition, as provided in section 12-285-124, or to determine professional qualifications;

  2. Any therapy, training, or education that the board believes necessary to correct deficiencies found either in a proceeding in compliance with section 24-34-106 or through an examination under subsection (3)(a) of this section;

  3. A review or supervision of a licensee's practice that the board finds necessary toidentify and correct deficiencies therein;

  4. Restrictions upon the nature and scope of practice to ensure that the licensee does notpractice beyond the limits of the licensee's capabilities.

  1. The board may send a confidential letter of concern to a licensee under the circumstances specified in section 12-20-404 (5).

  2. The board may take disciplinary action against a physical therapist for failure tocomply with any of the conditions imposed by the board under subsection (3) of this section.

  3. The two-year waiting period specified in section 12-20-404 (3) applies to a personwhose license to practice physical therapy, or to practice any other health care occupation, is revoked by any other legally qualified board or regulatory entity.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1519, § 1, effective October 1.

Editor's note: This section is similar to former § 12-41-116 as it existed prior to 2019.


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