§ 2121. Unprofessional conduct (a) Unprofessional conduct is the conduct prohibited by this section and by 3 V.S.A. § 129a, whether or not taken by a license holder. (b) Unprofessional conduct shall include: (1) sexual harassment of a patient; (2) engaging in a sexual act as defined in 13 V.S.A. § 3251 with a patient; (3) any of the following except when reasonably undertaken in an emergency situation in order to protect life, health, or property: (A) practicing or offering to practice beyond the scope permitted by law; (B) accepting and performing physical therapy responsibilities that the licensee knows or has reason to know that he or she is not competent to perform; or (C) performing physical therapy services that have not been authorized by the consumer or the consumer’s legal representative. (c) After hearing, an administrative law officer may take disciplinary action against a licensee or applicant found guilty of unprofessional conduct. A finding of unprofessional conduct shall be grounds for: (1) denying an application for licensure; (2) revoking, suspending, or conditioning a license; or (3) otherwise disciplining a licensee.
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