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(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:
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(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;
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(2) Has been convicted of violating any state or federal narcotics law;
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(3) Is, in the judgment of the board, guilty of immoral or unprofessional conduct;
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(4) [Repealed.]
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(5) Is guilty, in the judgment of the board, of gross negligence in his or her practice;
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(6) Has obtained, or attempted to obtain, licensure by fraud or material misrepresentation;
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(7) Has been declared insane by a court of competent jurisdiction and has not subsequently been lawfully declared sane;
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(8) Has treated, or undertaken to treat, ailments of human beings otherwise than by physical therapy and as authorized by this chapter;
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(9)
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(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.
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(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.
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(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;
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(10) Attempts to engage in conduct that subverts or undermines the integrity of the examination or the examination process, including without limitation:
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(A) Utilizing in any manner recalled or memorized examination questions from or with a person or entity;
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(B) Failing to comply with all test center security procedures;
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(C) Communicating or attempting to communicate with other examinees during the test; or
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(D) Copying or sharing examination questions or portions of questions;
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(11) Has had any of the following disciplinary actions taken against him or her by the proper authorities of another state, territory, or country:
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(A) A license revoked or suspended; or
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(B) An application for licensure refused, revoked, or suspended;
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(12)
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(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.
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(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
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(13) Is in violation of this chapter or any rule promulgated by the board.
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(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.
