(1) The board may take disciplinary action in accordance with sections 12-20-404 and 12-285-122 against a person who has: (a) Committed any act that does not meet generally accepted standards of physical therapy practice or failed to perform an act necessary to meet generally accepted standards of physical therapy practice; (b) Engaged in a sexual act with a patient while a patient-physical therapist relationship exists. For the purposes of this subsection (1)(b): (I) "Patient-physical therapist relationship" means that period of time beginning with the initial evaluation through the termination of treatment. (II) "Sexual act" means sexual contact, sexual intrusion, or sexual penetration as defined in section 18-3-401. (c) Failed to refer a patient to the appropriate licensed health-care professional when the services required by the patient are beyond the level of competence of the physical therapist or beyond the scope of physical therapy practice; (d) Abandoned a patient by any means, including failure to provide a referral to another physical therapist or to another appropriate health-care professional when the referral was necessary to meet generally accepted standards of physical therapy care; (e) Failed to provide adequate or proper supervision when utilizing certified physical therapist assistants, unlicensed persons, or persons with a provisional license in a physical therapy practice; (f) Failed to make essential entries on patient records or falsified or made incorrect entries of an essential nature on patient records; (g) Engaged in any of the following activities and practices: Ordering or performance, without clinical justification, of demonstrably unnecessary laboratory tests or studies; the administration, without clinical justification, of treatment that is demonstrably unnecessary; or ordering or performing, without clinical justification, any service, X ray, or treatment that is contrary to recognized standards of the practice of physical therapy as interpreted by the board; (h) (I) Committed abuse of health insurance as set forth in section 18-13-119 (3); or (II) Advertised through newspapers, magazines, circulars, direct mail, directories, radio, television, or otherwise that the licensee will perform any act prohibited by section 18-13-119 (3); (i) Committed a fraudulent insurance act, as defined in section 10-1-128; (j) Offered, given, or received commissions, rebates, or other forms of remuneration for the referral of clients; except that a licensee may pay an independent advertising or marketing agent compensation for advertising or marketing services rendered by an agent on the licensee's behalf, including compensation for referrals of clients identified through the services on a per- client basis; (k) Falsified information in any application or attempted to obtain or obtained a license by fraud, deception, or misrepresentation; (l) Engaged in the habitual or excessive use or abuse of alcohol, a habit-forming drug, or a controlled substance as defined in section 18-18-102 (5); (m) (I) Failed to notify the board, as required by section 12-30-108 (1), of a physical illness, physical condition, or behavioral, mental health, or substance use disorder that impacts the licensee's ability to perform physical therapy with reasonable skill and safety to patients; (II) Failed to act within the limitations created by a physical illness, physical condition, or behavioral, mental health, or substance use disorder that renders the licensee unable to perform physical therapy with reasonable skill and safety to the patient; or (III) Failed to comply with the limitations agreed to under a confidential agreement entered pursuant to sections 12-30-108 and 12-285-125; (n) Refused to submit to a physical or mental examination when so ordered by the board pursuant to section 12-285-124; (o) Failed to notify the board in writing of the entry of a final judgment by a court of competent jurisdiction against the licensee for malpractice of physical therapy or a settlement by the licensee in response to charges or allegations of malpractice of physical therapy, which notice must be given within ninety days after the entry of judgment or settlement and, in the case of a judgment, must contain the name of the court, the case number, and the names of all parties to the action; (p) Violated or aided or abetted a violation of this article 285, an applicable provision of article 20 or 30 of this title 12, a rule adopted under this article 285, or a lawful order of the board; (q) Been convicted of, pled guilty, or pled nolo contendere to any crime related to the licensee's practice of physical therapy or a felony or committed an act specified in section 12- 285-128. A certified copy of the judgment of a court of competent jurisdiction of the conviction or plea is conclusive evidence of the conviction or plea. In considering the disciplinary action, the board is governed by sections 12-20-202 (5) and 24-5-101. (r) Fraudulently obtained, furnished, or sold any physical therapy diploma, certificate, license, renewal of license, or record, or aided or abetted any such act; (s) Advertised, represented, or held himself or herself out, in any manner, as a physical therapist or practiced physical therapy without a license or unless otherwise authorized under this article 285; (t) Used in connection with the person's name any designation tending to imply that the person is a physical therapist without being licensed under this article 285; (u) Practiced physical therapy during the time the person's license was inactive, expired, suspended, or revoked; (v) Failed to maintain the insurance required by section 12-285-118 or a rule promulgated thereunder; (w) Failed to respond in an honest, materially responsive, and timely manner to a complaint issued under this article 285; (x) Failed to know the contents of this part 1 and any rules promulgated under this part 1; (y) Failed to either: (I) Confirm that a patient is under the care of a physician or other health-care professional for the underlying medical condition when providing general wound care within the scope of the physical therapist's practice; or (II) Refer the patient to a physician or other appropriate health-care professional for the treatment of the underlying medical condition when providing general wound care within the scope of the physical therapist's practice; or (z) Failed to report an adverse action, the surrender of a license, or other discipline taken in another jurisdiction.
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