(1) The board may commence a proceeding for the discipline of a licensee in accordance with section 12-20-403 when the board has reasonable grounds to believe that a licensee has committed an act enumerated in section 12-285-120.
In any proceeding held under this section, the board may accept as prima facie evidence of grounds for disciplinary action any disciplinary action taken against a licensee from another jurisdiction if the violation that prompted the disciplinary action in that jurisdiction would be grounds for disciplinary action under this article 285.
(a) The board may investigate potential grounds for disciplinary action upon its own motion or when the board is informed of the dismissal of a person licensed under this article 285 if the dismissal was for a matter constituting a violation of this article 285.
(b) A person who supervises a physical therapist shall report to the board when the physical therapist has been dismissed because of incompetence in physical therapy or failure to comply with this article 285. A physical therapist who is aware that another physical therapist is violating this article 285 shall report the violation to the board.
The board may keep any investigation authorized under this article 285 closed untilthe results of the investigation are known and either the complaint is dismissed or notice of hearing and charges are served upon the licensee.
The board, through the department, may employ administrative law judges appointedpursuant to part 10 of article 30 of title 24, on a full-time or part-time basis, to conduct hearings under this article 285 in accordance with section 12-20-403 (3).
Final action of the board may be judicially reviewed in accordance with section 1220-408, and judicial proceedings for the enforcement of an order of the board may be instituted in accordance with section 24-4-106.
The board may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1520, § 1, effective October 1.
Editor's note: This section is similar to former § 12-41-117 as it existed prior to 2019.