(1) The board may commence a proceeding for the discipline of a physical therapist assistant in accordance with section 12-20-403 when the board has reasonable grounds to believe that a physical therapist assistant has committed an act enumerated in section 12-285-211.
(2) In a proceeding held under this section, the board may accept as prima facie evidence of grounds for disciplinary action any disciplinary action taken against a physical therapist assistant from another jurisdiction if the violation that prompted the disciplinary action in that jurisdiction would be grounds for disciplinary action under this part 2.
(3) (a) The board may investigate potential grounds for disciplinary action upon its own motion or when the board is informed of dismissal of a person certified under this part 2 if the dismissal was for a matter constituting a violation of this part 2.
(b) A person who supervises a physical therapist assistant shall report to the board when the physical therapist assistant has been dismissed because of incompetence or failure to comply with this part 2. A certified physical therapist assistant who is aware that another person is violating this part 2 shall report the violation to the board.
(4) The board may keep any investigation authorized under this part 2 closed until the results of the investigation are known and either the complaint is dismissed or notice of hearing and charges are served upon the certified physical therapist assistant.
(5) The board, through the department, may employ administrative law judges appointed pursuant to part 10 of article 30 of title 24, on a full-time or part-time basis, to conduct hearings under this part 2 in accordance with section 12-20-403.
(6) Final action of the board may be judicially reviewed in accordance with section 12-20-408, and judicial proceedings for the enforcement of an order of the board may be instituted in accordance with section 24-4-106.
(7) The board may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1538, � 1, effective October 1.
Editor's note: This section is similar to former � 12-41-212 as it existed prior to 2019.
12-285-214. Mental and physical examination of certified physical therapist assistants. (1) If the board has reasonable cause to believe that a certified physical therapist assistant is unable to practice with reasonable skill and safety, the board may require the certified physical therapist assistant to take a mental or physical examination by a health-care provider designated by the board. If the certified physical therapist assistant refuses to undergo the mental or physical examination, unless due to circumstances beyond the certified physical therapist assistant's control, the board may suspend the certified physical therapist assistant's certification until the results of the examination are known and the board has made a determination of the certified physical therapist assistant's fitness to practice. The board shall proceed with an order for examination and determination in a timely manner.
(2) An order issued to a certified physical therapist assistant under subsection (1) of this section to undergo a mental or physical examination must contain the basis of the board's reasonable cause to believe that the certified physical therapist assistant is unable to practice with reasonable skill and safety. For the purposes of a disciplinary proceeding authorized by this part 2, the certified physical therapist assistant is deemed to have waived all objections to the admissibility of the examining health-care provider's testimony or examination reports on the ground that they are privileged communications.
(3) The certified physical therapist assistant may submit to the board testimony or examination reports from a health-care provider chosen by the certified physical therapist assistant pertaining to the condition that the board has alleged may preclude the certified physical therapist assistant from practicing with reasonable skill and safety. The board may consider the testimony or examination reports in conjunction with, but not in lieu of, testimony and examination reports of the health-care provider designated by the board.
(4) A person shall not use the results of any mental or physical examination ordered by the board as evidence in any proceeding other than one before the board. The examination results are not public records and are not available to the public.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1541, � 1, effective October 1.
Editor's note: This section is similar to former � 12-41-213 as it existed prior to 2019.