Section 73-23-59 - Grounds for disciplinary action; physical or mental examinations may be required; failure to submit to physical or mental examination(1) Licensees subject to this chapter shall conduct their activities, services and practice in accordance with this chapter and any rules promulgated pursuant hereto. The board, upon satisfactory proof and in accordance with the provisions of this chapter and the regulations of the board, may suspend, revoke, or refuse to issue or renew any license hereunder, or revoke or suspend any privilege to practice, censure or reprimand any licensee, restrict or limit a license, and take any other action in relation to a license or privilege to practice as the board may deem proper under the circumstances upon any of the following grounds:(a) Negligence in the practice or performance of professional services or activities;(b) Engaging in dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public in the course of professional services or activities;(c) Perpetrating or cooperating in fraud or material deception in obtaining or renewing a license or attempting the same or obtaining a privilege to practice;(d) Being convicted of any crime which has a substantial relationship to the licensee's activities and services or an essential element of which is misstatement, fraud or dishonesty;(e) Having been convicted of or pled guilty to a felony in the courts of this state or any other state, territory or country. Conviction, as used in this paragraph, shall include a deferred conviction, deferred prosecution, deferred sentence, finding or verdict of guilt, an admission of guilty, or a plea of nolo contendere;(f) Engaging in or permitting the performance of unacceptable services personally or by others working under the licensee's supervision due to the licensee's deliberate or negligent act or acts or failure to act, regardless of whether actual damage or damages to the public is established;(g) Continued practice although the licensee has become unfit to practice as a physical therapist or physical therapist assistant due to: (i) failure to keep abreast of current professional theory or practice; or (ii) physical or mental disability; the entry of an order or judgment by a court of competent jurisdiction that a licensee is in need of mental treatment or is incompetent shall constitute mental disability; or (iii) addiction or severe dependency upon alcohol or other drugs which may endanger the public by impairing the licensee's ability to practice;(h) Having disciplinary action taken against the licensee's license in another state;(i) Making differential, detrimental treatment against any person because of race, color, creed, sex, religion or national origin;(j) Engaging in lewd conduct in connection with professional services or activities;(k) Engaging in false or misleading advertising;(l) Contracting, assisting or permitting unlicensed persons to perform services for which a license is required under this chapter or privilege to practice is required under Section 73-23-101;(m) Violation of any probation requirements placed on a license or privilege to practice by the board;(n) Revealing confidential information except as may be required by law;(o) Failing to inform clients of the fact that the client no longer needs the services or professional assistance of the licensee;(p) Charging excessive or unreasonable fees or engaging in unreasonable collection practices;(q) For treating or attempting to treat ailments or other health conditions of human beings other than by physical therapy as authorized by this chapter;(r) Except as authorized in Section 73-23-35(3) and (4), for applying or offering to apply physical therapy, exclusive of initial evaluation or screening and exclusive of education or consultation for the prevention of physical and mental disability within the scope of physical therapy, other than upon the referral from a licensed physician, dentist, osteopath, podiatrist, chiropractor, physician assistant or nurse practitioner; or for acting as a physical therapist assistant other than under the direct, on-site supervision of a licensed physical therapist;(s) Failing to adhere to the recognized standards of ethics of the physical therapy profession as established by rules of the board;(t) Failing to complete continuing competence requirements as established by board rule;(u) Failing to supervise physical therapist assistants in accordance with this chapter and/or board rules;(v) Engaging in sexual misconduct. For the purpose of this paragraph, sexual misconduct includes, but is not necessarily limited to: (i) Engaging in or soliciting sexual relationships, whether consensual or nonconsensual, while a physical therapist or physical therapist assistant/patient relationship exists.(ii) Making sexual advances, requesting sexual favors or engaging in other verbal conduct or physical contact of a sexual nature with patients or clients.(iii) Intentionally viewing a completely or partially disrobed patient in the course of treatment if the viewing is not related to patient diagnosis or treatment under current practice standards;(w) The erroneous issuance of a license or privilege to practice to any person;(x) Violations of any provisions of this chapter, board rules or regulations or a written order or directive of the board;(y) Failing to maintain adequate patient records. For the purposes of this paragraph, "adequate patient records" means legible records that contain at minimum sufficient information to identify the patient, an evaluation of objective findings, a diagnosis, a plan of care, a treatment record and a discharge plan;(z) Failing to report to the board any unprofessional, incompetent or illegal acts that appear to be in violation of this law or any rules established by the board.(2) The board may order a licensee to submit to a reasonable physical or mental examination if the licensee's physical or mental capacity to practice safely is at issue in a disciplinary proceeding.(3) Failure to comply with a board order to submit to a physical or mental examination shall render a licensee subject to the summary suspension procedures described in Section 73-23-64.(4) In addition to the reasons specified in subsection (1) of this section, the board shall be authorized to suspend the license or privilege to practice of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license or privilege to practice for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license or privilege to practice suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license or privilege to practice suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.Laws, 1980, ch. 543, § 15; reenacted, Laws, 1988, ch. 331, § 15; Laws, 1989, ch. 528, § 11; Laws, 1990, ch. 501, § 11; Laws, 1992, ch. 376, § 4; Laws, 1996, ch. 507, § 51; Laws, 1997, ch. 581, § 2; Laws, 2006, ch. 510, § 2; Laws, 2008, ch. 448, § 12; Laws, 2012, ch. 370, § 3, eff. 7/1/2012.Amended by Laws, 2024, ch. 310, SB 2072,§ 3, eff. 7/1/2024.Amended by Laws, 2017, ch. 326, HB 309, 7, eff. 7/1/2017.