(1) The board may commence a proceeding for the discipline of a physical therapist assistant in accordance with section 12-20-403 when the board has reasonable grounds to believe that a physical therapist assistant has committed an act enumerated in section 12-285-211.
In a proceeding held under this section, the board may accept as prima facie evidenceof grounds for disciplinary action any disciplinary action taken against a physical therapist assistant from another jurisdiction if the violation that prompted the disciplinary action in that jurisdiction would be grounds for disciplinary action under this part 2.
(a) The board may investigate potential grounds for disciplinary action upon its own motion or when the board is informed of dismissal of a person certified under this part 2 if the dismissal was for a matter constituting a violation of this part 2.
(b) A person who supervises a physical therapist assistant shall report to the board when the physical therapist assistant has been dismissed because of incompetence or failure to comply with this part 2. A certified physical therapist assistant who is aware that another person is violating this part 2 shall report the violation to the board.
The board may keep any investigation authorized under this part 2 closed until theresults of the investigation are known and either the complaint is dismissed or notice of hearing and charges are served upon the certified physical therapist assistant.
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 part 2 in accordance with section 12-20-403.
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. 1538, § 1, effective October 1.
Editor's note: This section is similar to former § 12-41-212 as it existed prior to 2019.