US Laws, Codes, Statutes & Cases

Chapter 688 — Therapeutic and Technical Services: Physical Therapists;

Radiologic Technologists and Radiation Therapists; Hemodialysis Technicians;

Athletic Trainers; Respiratory Therapists

 

2007 EDITION

 

THERAPEUTIC AND TECHNICAL SERVICES

 

OCCUPATIONS AND PROFESSIONS

 

PHYSICAL THERAPISTS

 

(Generally)

 

688.010     Definitions for ORS 688.010 to 688.201

 

688.015     Findings and purpose

 

688.020     License required to practice physical therapy or use designation

 

688.030     Application of ORS 688.010 to 688.201

 

688.035     Short title

 

(Licensing)

 

688.040     Licensing procedure

 

688.050     Qualifications of physical therapist; examination; rules

 

688.055     Qualifications of physical therapist assistant; examination

 

688.080     Reciprocity; fee

 

688.090     License; certificate

 

688.100     Renewals; rules; fee; lapse

 

688.110     Temporary permit; fee

 

688.120     Fraudulent representations prohibited

 

688.125     Notice to patient of interest in physical therapy practice

 

688.132     Duty to refer person; exceptions; when personal injury protection benefits available

 

688.135     Duties and responsibilities of physical therapist

 

688.140     Grounds for discipline; sanctions; civil penalties

 

688.145     Discipline procedure; review of orders; confidential information

 

(State Board)

 

688.160     Physical Therapist Licensing Board; qualifications; terms; vacancies; duties; rules; fees; meetings; executive director

 

688.201     Disposition of receipts

 

(Enforcement)

 

688.230     Report of suspected violation; confidentiality of report; liability of person reporting

 

RADIOLOGIC TECHNOLOGISTS AND RADIATION THERAPISTS

 

(Generally)

 

688.405     Definitions for ORS 688.405 to 688.605

 

688.415     License required to practice radiologic technology; prohibited acts

 

688.425     Licensed persons may use title

 

688.435     Application of ORS 688.405 to 688.605

 

(Licensing)

 

688.445     Licensing and renewal procedure; fees

 

688.455     License fee; general qualifications

 

688.465     Qualifications of radiologic technologist in diagnostic field

 

688.475     Qualifications of radiologic technologist in therapeutic field

 

688.480     Operator of certain tomography equipment to be certified

 

688.485     Examinations; fees

 

688.495     Licensing without examination

 

688.505     Evidence of continuing education on renewal

 

688.515     Limited permit; temporary license; X-ray bone densitometry operator permit; fees; qualifications

 

688.520     Licenses and permits for periods other than 24 months

 

688.525     Grounds for discipline; investigation of complaints; confidential information

 

(State Board)

 

688.545     Board of Radiologic Technology; qualifications; advisory member; term; compensation and expenses; officers; meetings; quorum

 

688.555     Rulemaking; executive officer

 

688.557     Authority of board to require fingerprints

 

688.560     Fees for services; rules

 

688.565     Program of continuing education

 

688.585     Board of Radiologic Technology Account

 

(Enforcement)

 

688.595     Enforcement and inspections

 

688.600     Investigation of alleged violations; power of board; subpoenas

 

688.605     Duty to report violation; confidentiality; procedure on claims of violation

 

HEMODIALYSIS TECHNICIANS

 

688.625     Definitions for ORS 688.625 to 688.665

 

688.630     Practice of hemodialysis by uncertified practitioner prohibited

 

688.635     Scope of practice of hemodialysis technician; rules

 

688.640     Application for certificate; rules

 

688.645     Fees

 

688.650     Qualifications for certification; temporary or provisional certificates; continuing education; certificate expiration; rules

 

688.655     Grounds for denying, suspending or revoking certificate; investigation; duty to report; confidential information; liability of person who reports

 

688.660     Grounds for discipline of certificate holder; civil penalty; assessment of disciplinary proceeding cost

 

688.665     Rules

 

ATHLETIC TRAINERS

 

688.701     Definitions for ORS 688.701 to 688.734

 

688.705     Board of Athletic Trainers; appointment; membership; terms

 

688.707     Officers; quorum; meetings

 

688.709     Board duties; rules

 

688.715     Authority of Oregon Health Licensing Agency; rules; fees; investigations

 

688.718     Registration required; exceptions

 

688.720     Requirements for registration

 

688.724     Registration renewal; late renewal; reinstatement

 

688.728     Fees; rules; disposition of receipts

 

688.730     Use of title

 

688.734     Disciplinary authority of Oregon Health Licensing Agency

 

RESPIRATORY THERAPISTS

 

688.800     Definitions for ORS 688.800 to 688.840

 

688.805     Practice of respiratory care by unlicensed practitioner prohibited; exceptions; practice requirements

 

688.810     Use of title

 

688.815     Application for license; examination; license by endorsement

 

688.820     Respiratory Therapist Licensing Board; qualification of members; terms

 

688.825     Selection of board chairperson; quorum; meetings

 

688.830     Duties of Oregon Health Licensing Agency and of board; rules

 

688.834     Fees; rules; disposition of receipts

 

688.836     Disciplinary authority of Oregon Health Licensing Agency

 

688.840     Immunity from civil liability

 

PENALTIES

 

688.915     Civil penalty for violation of ORS 688.405 to 688.605 or rules

 

688.990     Criminal penalties

 

688.995     Criminal penalty for violation of ORS 688.800 to 688.840

 

688.997     Criminal penalty for violation of ORS 688.718

 

PHYSICAL THERAPISTS

 

(Generally)

 

      688.010 Definitions for ORS 688.010 to 688.201. As used in ORS 688.010 to 688.201, unless the context requires otherwise:

      (1) “Board” means the Physical Therapist Licensing Board.

      (2) “Physical therapist” means a person who is licensed pursuant to ORS 688.010 to 688.201 to practice physical therapy.

      (3) “Physical therapist aide” means a person who is trained by a physical therapist or physical therapist assistant to perform designated and supervised routine tasks related to physical therapy and who works under the direct on-site supervision of a physical therapist or physical therapist assistant.

      (4) “Physical therapist assistant” means a person who assists a physical therapist in the administration of selected components of physical therapy intervention. A physical therapist assistant works under the supervision and direction of the physical therapist.

      (5) “Physical therapy” means the care and services provided by a physical therapist or by a physical therapist assistant under the supervision and direction of a physical therapist.

      (6) “Practice of physical therapy” means:

      (a) Examining, evaluating and testing for mechanical, physiological and developmental impairments, functional limitations and disabilities or other neuromusculoskeletal conditions in order to determine a physical therapy diagnosis or prognosis or a plan of physical therapy intervention and to assess the ongoing effects of physical therapy intervention.

      (b) Alleviating impairments and functional limitations by designing, implementing, administering and modifying physical therapy interventions.

      (c) Reducing the risk of injury, impairment, functional limitation and disability by physical therapy interventions that may include as a component the promotion and maintenance of health, fitness and quality of life in all age populations.

      (d) Consulting or providing educational services to a patient for the purposes of paragraphs (a), (b) and (c) of this subsection. [1959 c.461 §1; 1965 c.314 §1; 1969 c.339 §1; 1971 c.585 §1; 1975 c.111 §1; 1987 c.726 §5; 2005 c.627 §3]

 

      688.015 Findings and purpose. (1) The Legislative Assembly finds and declares that providing for state administrative control, supervision, licensure and regulation of the practice of physical therapy in this state serves the purpose of protecting the public health, safety and welfare.

      (2) It is the intent of the Legislative Assembly that only individuals who meet and maintain prescribed standards of competence may engage in the practice of physical therapy as authorized by ORS 688.010 to 688.201 and implemented by the Physical Therapist Licensing Board. [2005 c.627 §1]

 

      Note: 688.015 and 688.035 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 688 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      688.020 License required to practice physical therapy or use designation. (1) Unless a person is a licensed physical therapist or holds a permit issued under ORS 688.110, a person shall not:

      (a) Practice physical therapy; or

      (b) Use in connection with the name of the person the words or letters, “P.T.”, “R.P.T.”, “L.P.T.”, “physical therapist”, “physiotherapist” or any other letters, words, abbreviations or insignia indicating that the person is a physical therapist, or purports to be a physical therapist.

      (2) Unless a person holds a license as a physical therapist assistant, a person shall not:

      (a) Practice as a physical therapist assistant; or

      (b) Use in connection with the name of the person the words or letters, “L.P.T.A.”, “P.T.A.”, “physical therapist assistant”, “licensed physical therapist assistant”, or any other letters, words, abbreviations or insignia indicating that the person is a physical therapist assistant or purports to be a physical therapist assistant. [1959 c.461 §2; 1965 c.314 §2; 1969 c.339 §2; 1971 c.585 §2; 1975 c.111 §2]

 

      688.030 Application of ORS 688.010 to 688.201. ORS 688.010 to 688.201 do not apply to:

      (1) A person engaging in the domestic application of any activity included in the definition of the practice of physical therapy, if the person does not represent to anyone receiving services or to the public that the person is a physical therapist or a physical therapist assistant.

      (2) A person using any procedure included in the practice of physical therapy if the procedure is within the scope of practice of the person and the person:

      (a) Is licensed under a health care licensing law of this state; and

      (b) Does not represent or imply that the person is a physical therapist or a physical therapist assistant.

      (3) A person who is enrolled in an accredited physical therapy education program that leads to a degree as a physical therapist or a physical therapist assistant and who is satisfying supervised clinical education requirements under the direct supervision of a physical therapist.

      (4) A physical therapist licensed in another jurisdiction who is, for a period not to exceed 60 days in each calendar year:

      (a) Providing consultation from the other jurisdiction by means of telecommunications to a physical therapist in this state;

      (b) Providing physical therapy services to a touring theater company, a performing arts company or an athletic team; or

      (c) Performing physical therapy while teaching or participating in an educational conference in this state. [1959 c.461 §3; 1965 c.314 §3; 1975 c.111 §3; 1987 c.726 §6; 2007 c.403 §2]

 

      688.035 Short title. ORS 688.010 to 688.201 may be cited as the Oregon Physical Therapy Practice Act. [2005 c.627 §2]

 

      Note: See note under 688.015.

 

(Licensing)

 

      688.040 Licensing procedure. (1) Any person desiring to be a licensed physical therapist or physical therapist assistant shall apply in writing to the Physical Therapist Licensing Board in the form and manner provided by the board by rule.

      (2) Each application shall include or be accompanied by evidence, satisfactory to the board, that the applicant possesses the qualifications prescribed by ORS 688.050 for applicants for licensing as a physical therapist and ORS 688.055 for applicants for licensing as a physical therapist assistant.

      (3) An applicant shall include with the application any application and examination fees prescribed by the board by rule.

      (4) The board shall notify an applicant of any deficiencies in the application. [1959 c.461 §6; 1969 c.339 §3; 1971 c.585 §3; 1975 c.111 §4; 1995 c.79 §347; 2005 c.21 §7; 2005 c.627 §4a]

 

      688.050 Qualifications of physical therapist; examination; rules. (1) Each applicant for a license as a physical therapist shall:

      (a) Be at least 18 years of age.

      (b) Be of good moral character as determined by the Physical Therapist Licensing Board.

      (c) Be a graduate of an accredited professional physical therapy education program approved by the board.

      (d) Pass to the satisfaction of the board an examination approved by the board to determine the fitness of the applicant to practice as a physical therapist or to be entitled to be licensed as provided in ORS 688.080. An applicant for licensure as a physical therapist who does not pass the examination on the first attempt may retake the examination as provided by rules adopted by the board.

      (2) In addition to the requirements of subsection (1) of this section, an applicant for a license as a physical therapist who has been educated outside the United States shall:

      (a) Provide evidence satisfactory to the board that the applicant’s physical therapy education program is recognized or accredited and that the applicant’s education is substantially equivalent to the education of physical therapists who graduated from accredited physical therapy education programs approved by the board. If the board determines that the education of an applicant who graduated from a physical therapy education program outside the United States is not substantially equivalent, the board may require the applicant to complete additional course work before the board proceeds with the application process.

      (b) Obtain an evaluation of the applicant’s educational credentials by a credentials evaluation agency approved by the board.

      (c) Demonstrate proficiency in English if required by the board.

      (d) Pass to the satisfaction of the board an examination approved by the board.

      (3) If an applicant who has been educated outside the United States is a graduate of an accredited physical therapy education program approved by the board, the board may waive the requirements of subsection (2)(a) and (b) of this section. [1959 c.461 §5; 1971 c.585 §4; 1973 c.827 §73; 2005 c.627 §5]

 

      688.055 Qualifications of physical therapist assistant; examination. Each applicant for a license as a physical therapist assistant shall:

      (1) Be at least 18 years of age.

      (2) Be of good moral character as determined by the Physical Therapist Licensing Board.

      (3) Be a graduate of an accredited physical therapist assistant education program approved by the board.

      (4) Pass to the satisfaction of the board an examination approved by the board to determine the fitness of the applicant to work as a physical therapist assistant or to be entitled to be licensed as provided in ORS 688.080. An applicant for licensure as a physical therapist assistant who does not pass the examination on the first attempt may retake the examination as provided by rules adopted by the board. [1969 c.339 §5; 1971 c.585 §5; 1973 c.827 §74; 1975 c.111 §5; 2005 c.627 §6]

 

      688.060 [1959 c.461 §4; 1969 c.339 §7; 1971 c.585 §6; 1975 c.111 §6; repealed by 1983 c.740 §251]

 

      688.070 [1959 c.461 §7; 1969 c.339 §8; 1971 c.585 §7; 1975 c.526 §7; 1983 c.224 §1; repealed by 2005 c.627 §18]

 

      688.080 Reciprocity; fee. (1) The Physical Therapist Licensing Board may license as a physical therapist or license as a physical therapist assistant, without examination, any person who:

      (a) Applies for a license as provided in ORS 688.040;

      (b) Is of good moral character as determined by the board; and

      (c) On the date of making application, is a physical therapist or physical therapist assistant who has a valid unrestricted license from any other state or territory of the United States if the requirements for licensing of physical therapists or physical therapist assistants in the state or territory in which the applicant is licensed are substantially equivalent to Oregon’s licensure requirements and the applicant passed to the satisfaction of the examiner of such state or territory a written examination that is approved by the board of this state.

      (2) Each applicant under this section shall pay a fee to the board at the time of filing the application. [1959 c.461 §9; 1969 c.339 §9; 1971 c.585 §8; 1975 c.111 §7; 1975 c.526 §8; 1983 c.224 §1a; 2005 c.627 §7]

 

      688.090 License; certificate. The Physical Therapist Licensing Board shall license as a physical therapist or a physical therapist assistant each applicant who proves to the satisfaction of the board fitness for such license as provided in ORS 688.010 to 688.201. The board shall issue a certificate to each person licensed. The certificate shall be prima facie evidence of the right of the person to whom it is issued to represent that person as a licensed physical therapist or physical therapist assistant, whichever certificate the person holds, subject to the provisions of ORS 688.010 to 688.201. [1959 c.461 §10; 1969 c.339 §10; 1971 c.585 §9; 1975 c.111 §8]

 

      688.100 Renewals; rules; fee; lapse. (1) A person who is licensed as a physical therapist or physical therapist assistant shall renew the person’s license pursuant to the rules of the Physical Therapist Licensing Board. A person who fails to renew the license on or before the expiration date specified by board rule may not practice as a physical therapist or work as a physical therapist assistant in this state until the lapsed license is renewed.

      (2) The board may reinstate a lapsed license upon payment of all past renewal and delinquency fees.

      (3) If a person’s license has lapsed for more than five consecutive years, that person shall reapply for a license and pay all applicable fees. The person shall also demonstrate to the board’s satisfaction competence to practice physical therapy, or shall serve an internship under a restricted license or take remedial or refresher courses, or both, at the discretion of the board. The board may also require the applicant to take an examination.

      (4) A person who is licensed as a physical therapist or physical therapist assistant shall report to the board a name change or any change in business or residential address, electronic mail address or contact telephone number within 30 days after the date of change. [1959 c.461 §11; 1969 c.339 §11; 1971 c.585 §10; 1975 c.526 §9; 1983 c.224 §2; 2005 c.627 §8]

 

      688.110 Temporary permit; fee. (1) The Physical Therapist Licensing Board, in its discretion, may issue without examination a temporary permit to a person to practice as a physical therapist or to work as a physical therapist assistant in this state if the person files an application for license as provided in ORS 688.040 or 688.080, and pays to the board at the time of filing the application the temporary permit fee.

      (2) A person holding a temporary permit may practice physical therapy only under the direction of a physical therapist licensed under ORS 688.010 to 688.201.

      (3) The temporary permit shall be granted for a period not to exceed three months. The board may renew the temporary permit at its discretion for an additional three months, but no longer. [1959 c.461 §12; 1969 c.339 §12; 1971 c.585 §11; 1975 c.526 §10; 1983 c.224 §3; 1991 c.703 §31; 2005 c.627 §9]

 

      688.120 Fraudulent representations prohibited. A person may not obtain or attempt to obtain a license as a physical therapist or as a physical therapist assistant or a temporary permit under ORS 688.110 by any fraudulent representation. [1959 c.461 §13; 1969 c.339 §13; 1971 c.585 §12; 1975 c.111 §9; 2005 c.21 §8; 2005 c.627 §10]

 

      688.125 Notice to patient of interest in physical therapy practice. In order to assure that physical therapy treatment of a patient is based solely on the needs of a patient, any health care practitioner described in ORS 676.110 who owns, in part or in whole, a physical therapy practice, or who employs a physical therapist, shall communicate the facts of that ownership or employment relationship to patients for whom physical therapy is prescribed and inform the patient that alternative sources of physical therapy treatment are available. [1987 c.726 §9]

 

      688.130 [1959 c.461 §16; 1965 c.314 §4; 1969 c.339 §14; 1971 c.585 §13; 1975 c.111 §10; 1983 c.224 §4; 1989 c.947 §1; 1991 c.381 §1; 1993 c.211 §1; 1999 c.539 §1; 1999 c.582 §15; repealed by 2005 c.627 §18]

 

      688.132 Duty to refer person; exceptions; when personal injury protection benefits available. (1) A licensed physical therapist shall immediately refer a person to a medical doctor, osteopathic physician, chiropractic physician, podiatric physician and surgeon, naturopathic physician, dentist, physician assistant or nurse practitioner if:

      (a) Signs or symptoms are present that require treatment or diagnosis by such providers or for which physical therapy is contraindicated or for which treatment is outside the knowledge of the physical therapist or scope of practice of physical therapy; or

      (b) The physical therapist continues therapy and 60 days have passed since the initial physical therapy treatment has been administered, unless:

      (A) The individual is a child or a student eligible for special education, as defined by state or federal law, and is being seen pursuant to the child’s or the student’s individual education plan or individual family service plan;

      (B) The individual is a student athlete at a public or private school, college or university and is seeking treatment in that role as athlete; or

      (C) The individual is a resident of a long term care facility as defined in ORS 442.015, a residential facility as defined in ORS 443.400, an adult foster home as defined in ORS 443.705 or an intermediate care facility for mental retardation pursuant to federal regulations.

      (2) Notwithstanding any provision of ORS 742.518 to 742.542, personal injury protection benefits are not required to be paid for physical therapy treatment of a person covered by the applicable insurance policy unless the person is referred to the physical therapist by a licensed physician, podiatric physician and surgeon, naturopathic physician, dentist, physician’s assistant or nurse practitioner. [1993 c.211 §4; 1999 c.539 §2; 2001 c.104 §262; 2005 c.627 §11; 2007 c.403 §1]

 

      688.134 [1993 c.211 §7; 1997 c.408 §1; repealed by 2005 c.627 §18]

 

      688.135 Duties and responsibilities of physical therapist. (1) A physical therapist licensed under ORS 688.010 to 688.201 shall:

      (a) Be responsible for managing all aspects of the physical therapy care of each patient.

      (b) Ensure the qualifications of all physical therapist assistants and physical therapist aides working under the direction and supervision of the physical therapist.

      (c) Provide for each patient the therapeutic intervention that requires the expertise of a physical therapist and determine and supervise the use of physical therapist assistants or physical therapist aides to provide care that is safe, effective and efficient.

      (2) Responsibility for patient care management shall include accurate documentation and billing of the physical therapy services provided. Information relating to the physical therapist-patient relationship is confidential and a physical therapist shall comply with the laws and rules governing the use and disclosure of a patient’s protected health information as provided in ORS 192.518 to 192.529.

      (3) Each physical therapist shall display a copy of the physical therapist’s license or current renewal verification in a location accessible to public view at the physical therapist’s place of practice or employment.

      (4) A physical therapist may purchase, store and administer topical and aerosol medications as part of the practice of physical therapy as defined in ORS 688.010. A physical therapist shall comply with any rules adopted by the State Board of Pharmacy specifying protocols for storage of medications.

      (5) A physical therapist shall adhere to the standards of ethics recognized by the physical therapy profession as further established by a nationally recognized professional organization of physical therapists and as further adopted by the board.

      (6) A physical therapist shall disclose to a patient any direct financial interest in products that the physical therapist endorses and recommends to the patient at the time of such endorsement or recommendation. The disclosure shall be documented in the patient’s record.

      (7) A physical therapist shall refer a patient to an appropriate health care practitioner if the physical therapist has reasonable cause to believe symptoms or conditions are present that require services beyond the scope of practice of a physical therapist or when physical therapy is contraindicated.

      (8) A physical therapist may provide compensable services to an injured worker only as authorized by ORS 656.250.

      (9) Nothing in ORS 688.010 to 688.201 shall prohibit a physical therapist licensed under ORS 688.010 to 688.201 from accepting a referral from a veterinarian licensed under ORS chapter 686. The referral must be in writing and specify the treatment or therapy to be provided, pursuant to ORS 686.040 (4). A physical therapist practicing under this subsection shall be held to the standard of care for veterinarians set forth in ORS chapter 686. [2005 c.627 §16]

 

      688.140 Grounds for discipline; sanctions; civil penalties. (1) The Physical Therapist Licensing Board, after notice and hearing as provided in ORS 688.145, may impose any or all of the following sanctions or take any of the following actions upon any of the grounds specified in subsection (2) of this section:

      (a) Refuse to license any applicant.

      (b) Refuse to renew the license of any physical therapist or physical therapist assistant.

      (c) Suspend or revoke the license of any physical therapist or physical therapist assistant.

      (d) Suspend or revoke a temporary permit issued under ORS 688.110.

      (e) Impose a civil penalty not to exceed $5,000.

      (f) Impose probation with authority to limit or restrict a license.

      (g) Impose conditions, restrictions or limitations on practice.

      (h) Issue letters of reprimand.

      (i) Impose any other appropriate sanction, including assessment of the reasonable costs of a proceeding under ORS 688.145 as a civil penalty. Costs include, but are not limited to, the costs of investigation, attorney fees, hearing officer costs and the costs of discovery.

      (2) Grounds exist for the imposition of sanctions as specified in subsection (1) of this section when a person:

      (a) Violates any provision of ORS 688.010 to 688.201, board rules or a written order from the board.

      (b) Practices or offers to practice beyond the scope of practice of physical therapy.

      (c) Obtains or attempts to obtain or renew a license or temporary permit by fraud or misrepresentation.

      (d) Provides substandard care as a physical therapist through a deliberate or negligent act or failure to act, regardless of whether injury to the patient occurs.

      (e) Provides substandard care as a physical therapist assistant by exceeding the authority to perform components of physical therapy interventions selected by the supervising physical therapist or through a deliberate or negligent act or failure to act, regardless of whether injury to the patient occurs.

      (f) Fails as a physical therapist to supervise physical therapist assistants in accordance with board rules.

      (g) Fails as a physical therapist or physical therapist assistant to supervise physical therapist aides in accordance with board rules.

      (h) Subject to the provisions of ORS 670.280, has been convicted of a crime in Oregon or any other state, territory or country. For purposes of this paragraph, conviction includes a verdict of guilty, a plea of guilty or a plea of no contest.

      (i) Uses controlled substances or intoxicating liquors to an extent or in a manner that is illegal, dangerous or injurious to the licensee or others or that impairs the person’s ability to safely practice physical therapy.

      (j) Has had an application for licensure refused because of conduct or circumstances that would be grounds for sanctions by the board, or a license revoked or suspended, or other disciplinary action taken by the proper authorities of another state, territory or country.

      (k) Engages in sexual misconduct. For purposes of this paragraph, sexual misconduct includes but is not limited to:

      (A) Engaging in sexual conduct or soliciting a sexual relationship with a current patient, whether consensual or nonconsensual.

      (B) Intentionally exposing or viewing a completely or partially disrobed patient in the course of treatment if the exposure or viewing is not related to patient diagnosis or treatment under current practice standards.

      (L) Directly or indirectly requests, receives, pays or participates in dividing, transferring or assigning an unearned fee or profits by a means of a credit or other valuable consideration such as an unearned commission, discount or gratuity in connection with the furnishing of physical therapy services. This paragraph does not prohibit the members of any regularly and properly organized business entity recognized by law and comprised of physical therapists from dividing fees received for professional services among themselves as they determine.

      (m) Fails to adhere to the standards of ethics of the physical therapy profession established by board rule.

      (n) Obtains or attempts to obtain a fee for physical therapy services by fraud or misrepresentation.

      (o) Makes misleading, deceptive or fraudulent representations in the course of providing physical therapy services.

      (p) Fails to report to the board, when the person has direct knowledge of an unprofessional, incompetent or illegal act that reasonably appears to be in violation of ORS 688.010 to 688.201 or any rules of the board.

      (q) Interferes with an investigation or disciplinary proceeding of the board.

      (r) Aids or abets a person who is not licensed in this state to practice physical therapy.

      (s) Fails to maintain adequate patient records.

      (t) Fails to maintain patient confidentiality.

      (u) Provides treatment intervention that is not warranted by the patient’s condition or continues treatment beyond the point of reasonable benefit to the patient.

      (v) Provides physical therapy services or participates in physical therapy services solely for reasons of personal or institutional financial gain.

      (w) Aids or causes another person, directly or indirectly, to violate ORS 688.010 to 688.201 or rules of the board, fraudulently uses or permits the use of a license number in any way, or acts with the intent to violate ORS 688.010 to 688.201 or rules of the board.

      (3) To enforce the provisions of this section, the board is authorized to initiate an investigation and take the following actions:

      (a) Receive complaints filed against persons and conduct timely investigations.

      (b) Initiate its own investigation if the board has reason to believe that there may have been a violation of ORS 688.010 to 688.201.

      (c) Issue a subpoena to compel the attendance of any witness or the production of any documentation relating to a matter under investigation. In addition to the board, the executive director or the executive director’s designee may issue a subpoena. When the board, in the course of an investigation, requires the production of patient records for inspection and copying by subpoena, or otherwise, the records shall be produced without regard to whether patient consent has been obtained and without regard to any claim of confidentiality or privilege.

      (d) Take the deposition of a witness, including a physical therapist or physical therapist assistant being investigated, in the manner provided by law in civil cases.

      (e) Take emergency action to suspend a person’s license or restrict the person’s practice or employment pending proceedings by the board.

      (f) Report to the appropriate district attorney all cases that, in the judgment of the board, warrant prosecution.

      (g) Require a person to undergo a mental, physical, chemical dependency or competency evaluation at the person’s expense when the board has objectively reasonable grounds to believe that the person is or may be unable to practice physical therapy with reasonable skill and safety, with the results being reported to the board. The report shall not be disclosed to the public but may be received into evidence in a proceeding between the board and the person when the mental, physical, chemical dependency or competency of the person is at issue, notwithstanding any claim of privilege by the person.

      (4) If the board finds that the information received in a complaint or an investigation does not merit disciplinary action against a person, nondisciplinary actions may ensue. The board may then take the following actions:

      (a) Dismiss the complaint.

      (b) Issue a confidential advisory letter to the person that is nondisciplinary and that notifies the physical therapist or physical therapist assistant that certain conduct or practices must be modified or eliminated.

      (5) The board may apply for injunctive relief in any court of competent jurisdiction to enjoin any person from committing any act in violation of ORS 688.010 to 688.201. Injunction proceedings are in addition to, and not in lieu of, penalties or other sanctions prescribed in ORS 688.010 to 688.201. [1959 c.461 §14; 1969 c.339 §15; 1971 c.585 §14; 1975 c.111 §11; 1979 c.744 §59; 1983 c.224 §5; 1985 c.41 §3; 1989 c.947 §2; 1993 c.211 §2; 1999 c.709 §1; 2005 c.627 §12]

 

      688.145 Discipline procedure; review of orders; confidential information. (1) When the Physical Therapist Licensing Board proposes to impose any of the sanctions authorized in ORS 688.140, opportunity for hearing shall be accorded as provided in ORS chapter 183.

      (2) Judicial review of orders under subsection (1) of this section shall be as provided in ORS chapter 183.

      (3) Information that the board obtains as part of an investigation into licensee or applicant conduct or as part of a contested case proceeding, consent order or stipulated agreement involving licensee or applicant conduct is confidential as provided under ORS 676.175. [1971 c.734 §140; 1985 c.41 §4; 1997 c.791 §43]

 

      688.150 [1959 c.461 §15; 1969 c.339 §16; 1971 c.585 §15; repealed by 1971 c.734 §21]

 

(State Board)

 

      688.160 Physical Therapist Licensing Board; qualifications; terms; vacancies; duties; rules; fees; meetings; executive director. (1) The Physical Therapist Licensing