Oregon Administrative Rules
Chapter 848 - OREGON BOARD OF PHYSICAL THERAPY
Division 45 - GROUNDS FOR DISCIPLINE AND SANCTIONS
Section 848-045-0020 - Grounds for Discipline of a Licensee

(a) Fails to disclose requested information, conceals material facts or provides false or materially misleading information on an application or during the application process for a temporary permit, license or renewal, or willfully makes a false statement on an application;

(b) Is disciplined by another Oregon state licensing board or out-of-state licensing board for conduct which if committed in Oregon would be grounds for discipline under this rule;

(c) Fails to disclose an active investigation by an Oregon or out-of-state health licensing authority within 10 working days licensee is first notified of the investigation, subject to the provision of ORS 688.160(6)(c).

(d) Is convicted of violating any federal law or state law relating to controlled substances, subject to the provisions of ORS 670.280(2);

(e) Is convicted of any crime that is a felony or misdemeanor under the laws of any state or of the United States, subject to the provisions of ORS 670.280(2), or fails to notify the Board within 10 working days of a conviction of a misdemeanor, or an arrest for or conviction of a felony;

(f) Commits gross negligence or multiple acts of negligence in practice. The Board may take into account relevant factors and practices, including but not limited to the standard of practice generally and currently followed and accepted by persons licensed to practice physical therapy in this state, the current teachings at accredited physical therapy schools and relevant technical reports published in recognized physical therapy journals in determining the definition of gross negligence;

(g) Practices physical therapy while under the influence of intoxicating liquors or under the influence of a controlled substance;

(h) Has an addiction to or dependency on alcohol, legend drugs or controlled substances which impairs the licensee's ability or competency to practice physical therapy in a manner consistent with the public health and safety;

(i) Violates the provisions of ORS 688.010 to 688.220 or any administrative rule, or violates or fails to comply with any order of the Board;

(j) Acts in a manner contrary to the APTA Code of Ethics, or engages in any act involving moral turpitude, including, but not limited to fraud, deceit, dishonesty, harassment, violence, or illegal activity, subject to the provisions of ORS 670.280(3);

(k) Unnecessarily exposes a patient's body to the view of the therapist or other persons;

(l) Engages in a conversation with a patient that is not necessary for the provision of treatment and that is personally intrusive or otherwise inappropriate;

(m) Commits or engages in any act of sexual misconduct involving a patient, including but not limited to any acts or statements of a sexual nature that do not contribute to appropriate physical therapy treatment;

(n) Engages in any sexual conduct, including dating, with a patient, whether initiated by the patient or the licensee. For purposes of this subsection, "patient" includes any person who has not been discharged from that therapist's care;

(o) Obtains or attempts to obtain any fee by fraud or misrepresentation, or makes a false or fraudulent claim for health care payment as provided in ORS 165.690 to 165.694;

(p) Engages in exploitation of a patient, which includes but is not limited to the following:

(q) Knowingly makes a false entry or false alteration in a patient record;

(r) Engages in deceptive consumer practices, including but not limited to:

(s) Practices physical therapy with a lapsed license;

(t) Employs, aids, abets or permits any unlicensed person or person with a lapsed license to practice physical therapy, or aids or causes another person, directly or indirectly, to violate ORS 688.010 to 688.240 or OAR 848;

(u) Fails to report in writing to employer that licensee provided physical therapy services while unlicensed or with a lapsed license or fails to provide a copy to the Board of such report;

(v) Fails to cooperate with the Board, which includes but is not limited to the following:

(w) Interferes with or uses threats or harassment to delay or obstruct any person in providing information or evidence to the Board in any matter, investigation, contested case proceeding or other legal action instituted by the Board;

(x) Discharges an employee based primarily on the employee's attempt to comply or aid in the compliance with Board rules;

(y) Fails to notify the Board of another licensee's conduct which reasonably appears to be illegal, unethical or unprofessional as provided for in ORS 688.010 to 688.240 or any Board rule. Notice must occur without undue delay, but in no event later than 10 days after the reporting licensee learns of the conduct;

(z) Fails to notify the appropriate licensing board of any conduct by another licensed medical provider when the licensee has reasonable cause to believe that the medical provider has engaged in prohibited or unprofessional conduct. Notice must occur without undue delay, but in no event later than 10 days after the reporting licensee learns of the conduct. As used in this subparagraph, "prohibited conduct" means a criminal act against a patient or a criminal act that creates a risk of harm to a patient and "unprofessional conduct" means conduct unbecoming a medical provider or detrimental to the best interests of the public, including conduct contrary to recognized standards of ethics of the medical provider's profession or conduct that endangers the health, safety or welfare of a patient; or

(aa) Fails to notify the Board of a change in the licensee's name, address, contact telephone number, email address or place of employment or business as required by OAR 848-005-0030.