§ 17-93-308 — Revocation, suspension, or denial - Grounds

(a) After due notice and hearing, the Arkansas State Board of Physical Therapy may suspend, revoke, or refuse to issue or renew the license of a person licensed under this chapter, or take other appropriate action against a person licensed under this chapter, who: (1) Practices as a physical therapist or works as a physical therapist assistant when his or her physical or mental abilities are impaired by the use of a controlled substance or other habit-forming drugs, chemicals, alcohol, or any other causes; (2) Has been convicted of violating any state or federal narcotics law; (3) Is, in the judgment of the board, guilty of immoral or unprofessional conduct; (4) [Repealed.] (5) Is guilty, in the judgment of the board, of gross negligence in his or her practice; (6) Has obtained, or attempted to obtain, licensure by fraud or material misrepresentation; (7) Has been declared insane by a court of competent jurisdiction and has not subsequently been lawfully declared sane; (8) Has treated, or undertaken to treat, ailments of human beings otherwise than by physical therapy and as authorized by this chapter; (9) (A) Engages, directly or indirectly, in the division, transferring, assigning, rebating, or refunding of fees received for professional services or gratuity with a physician or healthcare practitioner who referred a patient, or with a relative or business associate of the referring person, without appropriate disclosure to the patient so referred. (B) This subdivision (a)(9) does not prohibit the members of any regularly and properly organized business entity recognized by Arkansas law and composed of physical therapists from making a division of their total fees among themselves as they determine by contract necessary to defray their joint operating costs. (C) This subdivision (a)(9) shall not apply to any physical therapist employed by a licensed physician on July 15, 1991, during the term of such employment, nor shall it apply to physical therapy positions on the premises of Arkansas-licensed hospitals and nursing homes; (10) Attempts to engage in conduct that subverts or undermines the integrity of the examination or the examination process, including without limitation: (A) Utilizing in any manner recalled or memorized examination questions from or with a person or entity; (B) Failing to comply with all test center security procedures; (C) Communicating or attempting to communicate with other examinees during the test; or (D) Copying or sharing examination questions or portions of questions; (11) Has had any of the following disciplinary actions taken against him or her by the proper authorities of another state, territory, or country: (A) A license revoked or suspended; or (B) An application for licensure refused, revoked, or suspended; (12) (A) Has been convicted of or pleaded guilty or nolo contendere to a felony in the courts of this state or any other state, territory, or country. (B) As used in subdivision (a)(12)(A) of this section, "convicted" includes a deferred conviction, deferred prosecution, deferred sentence, finding or verdict of guilt, admission of guilt, an Alford plea, or a plea of nolo contendere; and (13) Is in violation of this chapter or any rule promulgated by the board. (b) The procedure in all disciplinary actions shall be as prescribed by the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and shall include the power to subpoena documents and people.

Legislative History

Amended by Act 2019, No. 315,§ 1604, eff. 7/24/2019. Amended by Act 2019, No. 990,§ 94, eff. 7/24/2019. Acts 1959, No. 141, § 12; 1979, No. 631, § 7; A.S.A. 1947, § 72-1328; Acts 1991, No. 1011, § 1; 1995, No. 742, § 3; 2001, No. 1412, § 8; 2009, No. 1471, § 8.