Sec. 10.38.05.15. Probation and Violation of Probation  


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  • A. If the Board imposes a period of probation as a sanction, the Board may impose conditions of probation which the Board deems appropriate, including:

    (1) Re-education or completion of approved courses;

    (2) Payment of a fine;

    (3) Practicing physical therapy or limited physical therapy under supervision;

    (4) Monitoring by the Board or by an individual or entity approved by the Board with periodic reporting to the Board;

    (5) Periodic review of a licensee’s practice;

    (6) Periodic audits of a licensee’s billing practice;

    (7) An examination by a physician or other appropriate health care provider;

    (8) Limitation of the licensee’s practice;

    (9) Drug screenings;

    (10) Individual or group counseling or therapy;

    (11) Obtaining a passing score on an appropriate examination; or

    (12) Any other condition the Board deems appropriate for the rehabilitation or retraining of a licensee.

    B. A term of probation may be defined by a specific period of time or the successful completion of certain conditions or acts by the licensee.

    C. A licensee seeking release from probation shall do so only by petitioning the Board to terminate the probation when the:

    (1) Specific period of time has passed; or

    (2) Licensee has successfully completed the conditions or acts required for release.

    D. At any time, if the Board has reason to believe that the licensee is not in compliance with the conditions of probation, the Board shall:

    (1) Charge the licensee with a violation of probation;

    (2) Take any action provided for in the final order in the event of a violation of probation, including suspension of the license;

    (3) Consider a summary suspension of the license; or

    (4) Take any other action the Board deems appropriate and which the Board is authorized to take by law.

    E. If the Board determines that the respondent has violated probation, the Board shall:

    (1) Take any action provided for in the final order in the event of a violation of probation;

    (2) Impose additional conditions or probation; or

    (3) Impose any sanction or take any other action that the Board deems appropriate and is authorized to take by law.