SECTIONS 2660-2661.7 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 2660-2661.7

2660. The board may, after the conduct of appropriate proceedings
under the Administrative Procedure Act, suspend for not more than 12
months, or revoke, or impose probationary conditions upon any
license, certificate, or approval issued under this chapter for
unprofessional conduct that includes, but is not limited to, one or
any combination of the following causes:
(a) Advertising in violation of Section 17500.
(b) Fraud in the procurement of any license under this chapter.
(c) Procuring or aiding or offering to procure or aid in criminal
abortion.
(d) Conviction of a crime that substantially relates to the
qualifications, functions, or duties of a physical therapist or
physical therapist assistant. The record of conviction or a certified
copy thereof shall be conclusive evidence of that conviction.
(e) Habitual intemperance.
(f) Addiction to the excessive use of any habit-forming drug.
(g) Gross negligence in his or her practice as a physical
therapist or physical therapist assistant.
(h) Conviction of a violation of any of the provisions of this
chapter or of the Medical Practice Act, or violating, or attempting
to violate, directly or indirectly, or assisting in or abetting the
violating of, or conspiring to violate any provision or term of this
chapter or of the Medical Practice Act.
(i) The aiding or abetting of any person to violate this chapter
or any regulations duly adopted under this chapter.
(j) The aiding or abetting of any person to engage in the unlawful
practice of physical therapy.
(k) The commission of any fraudulent, dishonest, or corrupt act
that is substantially related to the qualifications, functions, or
duties of a physical therapist or physical therapist assistant.
(l) Except for good cause, the knowing failure to protect patients
by failing to follow infection control guidelines of the board,
thereby risking transmission of blood-borne infectious diseases from
licensee to patient, from patient to patient, and from patient to
licensee. In administering this subdivision, the board shall consider
referencing the standards, regulations, and guidelines of the State
Department of Public Health developed pursuant to Section 1250.11 of
the Health and Safety Code and the standards, regulations, and
guidelines pursuant to the California Occupational Safety and Health
Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of
the Labor Code) for preventing the transmission of HIV, hepatitis B,
and other blood-borne pathogens in health care settings. As
necessary, the board shall consult with the Medical Board of
California, the California Board of Podiatric Medicine, the Dental
Board of California, the Board of Registered Nursing, and the Board
of Vocational Nursing and Psychiatric Technicians of the State of
California, to encourage appropriate consistency in the
implementation of this subdivision.
The board shall seek to ensure that licensees are informed of the
responsibility of licensees and others to follow infection control
guidelines, and of the most recent scientifically recognized
safeguards for minimizing the risk of transmission of blood-borne
infectious diseases.
(m) The commission of verbal abuse or sexual harassment.

2660.1. A patient, client, or customer of a licentiate under this
chapter is conclusively presumed to be incapable of giving free,
full, and informed consent to any sexual activity which is a
violation of Section 726.

2660.2. (a) The board may refuse a license to any applicant guilty
of unprofessional conduct or sexual activity referred to in Section
2660.1. The board may, in its sole discretion, issue a probationary
license to any applicant for a license who is guilty of
unprofessional conduct but who has met all other requirements for
licensure. The board may issue the license subject to any terms or
conditions not contrary to public policy, including, but not limited
to, the following:
(1) Medical or psychiatric evaluation.
(2) Continuing medical or psychiatric treatment.
(3) Restriction of the type or circumstances of practice.
(4) Continuing participation in a board-approved rehabilitation
program.
(5) Abstention from the use of alcohol or drugs.
(6) Random fluid testing for alcohol or drugs.
(7) Compliance with laws and regulations governing the practice of
physical therapy.
(b) The applicant shall have the right to appeal the denial, or
the issuance with terms and conditions, of any license in accordance
with Chapter 5 (commencing with Section 11500) of Part 1 of Division
3 of Title 2 of the Government Code, and the board shall have all the
powers granted therein. The action shall be final, except that the
propriety of the action is subject to review by the superior court
pursuant to Section 1094.5 of the Code of Civil Procedure.

2660.3. In lieu of filing or prosecuting a formal accusation
against a licensee, the board may, upon stipulation or agreement by
the licensee, issue a public letter of reprimand after it has
conducted an investigation or inspection as provided for in this
chapter. The board shall notify the licensee of its intention to
issue the letter 30 days before the intended issuance date of the
letter. The licensee shall indicate in writing at least 15 days prior
to the letter's intended issuance date whether he or she agrees to
the issuance of the letter. The board, at its option, may extend the
time within which the licensee may respond to its notification. If
the licensee does not agree to the issuance of the letter, the board
shall not issue the letter and may proceed to file the accusation.
The board may use a public letter of reprimand only for minor
violations, as defined by the board, committed by the licensee. A
public letter of reprimand issued pursuant to this section shall be
disclosed by the board to an inquiring member of the public and shall
be posted on the board's Internet Web site.

2660.5. The board shall deny a physical therapist license or
physical therapist assistant approval to an applicant who is required
to register pursuant to Section 290 of the Penal Code. This section
does not apply to an applicant who is required to register as a sex
offender pursuant to Section 290 of the Penal Code solely because of
a misdemeanor conviction under Section 314 of the Penal Code.

2660.7. In addition to the penalties prescribed by Section 123, if
the board determines that an applicant for licensure or a licensee
has engaged, or has attempted to engage, in conduct that subverts or
undermines the integrity of the examination process as described in
Section 123, the board may disqualify the applicant from taking the
examination or may deny his or her application for licensure or may
revoke the license of the licensee.

2661. A plea or verdict of guilty or a conviction following a plea
of nolo contendere made to a charge of a felony or of any offense
which substantially relates to the qualifications, functions, or
duties of a physical therapist is deemed to be a conviction within
the meaning of this article. The board may order the license
suspended or revoked, or may decline to issue a license, when the
time for appeal has elapsed, or the judgment of conviction has been
affirmed on appeal or when an order granting probation is made
suspending the imposition of sentence, irrespective of a subsequent
order under Section 1203.4 of the Penal Code allowing that person to
withdraw his or her plea of guilty and to enter a plea of not guilty,
or setting aside the verdict of guilty, or dismissing the
accusation, information, or indictment.

2661.5. (a) In any order issued in resolution of a disciplinary
proceeding before the board, the board may request the administrative
law judge to direct any licensee found guilty of unprofessional
conduct to pay to the board a sum not to exceed the actual and
reasonable costs of the investigation and prosecution of the case.
(b) The costs to be assessed shall be fixed by the administrative
law judge and shall not in any event be increased by the board. When
the board does not adopt a proposed decision and remands the case to
an administrative law judge, the administrative law judge shall not
increase the amount of the assessed costs specified in the proposed
decision.
(c) When the payment directed in an order for payment of costs is
not made by the licensee, the board may enforce the order of payment
by bringing an action in any appropriate court. This right of
enforcement shall be in addition to any other rights the board may
have as to any licensee directed to pay costs.
(d) In any judicial action for the recovery of costs, proof of the
board's decision shall be conclusive proof of the validity of the
order of payment and the terms for payment.
(e) (1) Except as provided in paragraph (2), the board shall not
renew or reinstate the license or approval of any person who has
failed to pay all of the costs ordered under this section.
(2) Notwithstanding paragraph (1), the board may, in its
discretion, conditionally renew or reinstate for a maximum of one
year the license or approval of any person who demonstrates financial
hardship and who enters into a formal agreement with the board to
reimburse the board within that one year period for those unpaid
costs.
(f) All costs recovered under this section shall be deposited in
the Physical Therapy Fund as a reimbursement in either the fiscal
year in which the costs are actually recovered or the previous fiscal
year, as the board may direct.

2661.6. (a) The board shall establish a probation monitoring
program to monitor probationary licenses.
(b) The program may employ nonpeace officer staff to perform its
probation monitoring.
(c) The program shall be funded with moneys in the Physical
Therapy Fund.

2661.7. (a) A person whose license or approval has been revoked or
suspended, or who has been placed on probation, may petition the
Physical Therapy Board of California for reinstatement or
modification of penalty, including modification or termination of
probation, after a period of not less than the following minimum
periods has elapsed from the effective date of the decision ordering
that disciplinary action:
(1) At least three years for reinstatement of a license or
approval revoked for unprofessional conduct, except that the board
may, for good cause shown, specify in a revocation order that a
petition for reinstatement may be filed after two years.
(2) At least two years for early termination of probation of three
years or more.
(3) At least one year for modification of a condition, or
reinstatement of a license or approval revoked for mental or physical
illness, or termination of probation of less than three years.
(b) The petition shall state any facts as may be required by the
board. The petition shall be accompanied by at least two verified
recommendations from physical therapists licensed by the board who
have personal knowledge of the activities of the petitioner since the
disciplinary penalty was imposed.
(c) The petition may be heard by the board. The board may assign
the petition to an administrative law judge designated in Section
11371 of the Government Code. After a hearing on the petition, the
administrative law judge shall provide a proposed decision to the
committee that shall be acted upon in accordance with the
Administrative Procedure Act.
(d) The board or the administrative law judge hearing the
petition, may consider all activities of the petitioner since the
disciplinary action was taken, the offense for which the petitioner
was disciplined, the petitioner's activities during the time the
license was in good standing, and the petitioner's rehabilitative
efforts, general reputation for truth, and professional ability. The
hearing may be continued, as the administrative law judge designated
in Section 11371 of the Government Code finds necessary.
(e) The administrative law judge designated in Section 11371 of
the Government Code when hearing a petition for reinstating a license
or approval, or modifying a penalty, may recommend the imposition of
any terms and conditions deemed necessary.
(f) No petition shall be considered while the petitioner is under
sentence for any criminal offense, including any period during which
the petitioner is on court-imposed probation or parole. No petition
shall be considered while there is an accusation or petition to
revoke probation pending against the person. The board may deny,
without a hearing or argument, any petition filed pursuant to this
section within a period of two years from the effective date of the
prior decision following a hearing under this section.
(g) Nothing in this section shall be deemed to alter Sections 822
and 823.