32-2045

32-2045. Investigative powers; emergency
action

A. To enforce this chapter the board may:

1. Receive complaints filed against licensees or certificate holders and conduct a
timely investigation.

2. Conduct an investigation at any time and on its own initiative without receipt
of a written complaint if the board has reason to believe that there may be a violation
of this chapter.

3. Issue subpoenas to compel the attendance of any witness or the production of any
documentation relative to a case.

4. Take emergency action ordering the summary suspension of a license or
certificate or the restriction of the licensee's practice or certificate holder's
employment pending proceedings by the board.

5. Require a licensee or certificate holder to be examined in order to determine
the licensee's or certificate holder's mental, physical or professional competence to
practice or work in the field of physical therapy.

B. If the board finds that the information received in a complaint or an
investigation is not of sufficient seriousness to merit direct action against the
licensee or certificate holder it may take either of the following actions:

1. Dismiss the complaint if the board believes the information or complaint is
without merit.

2. Issue an advisory letter. The issuance of an advisory letter is a
nondisciplinary action to notify a licensee or certificate holder that, while there is
not sufficient evidence to merit disciplinary action, the board believes that the
licensee or certificate holder should be educated about the requirements of this chapter
and board rules. An advisory letter is a public document and may be used in future
disciplinary actions against a licensee or certificate holder.

3. Issue a nondisciplinary order requiring the licensee or certificate holder to
complete a prescribed number of hours of continuing education in an area or areas
prescribed by the board to provide the licensee or certificate holder with the necessary
understanding of current standards, skills, procedures or treatment.

C. The board shall notify a licensee or certificate holder of a complaint and the
nature of the complaint within ninety days after receiving the complaint.

D. Any person may submit a complaint regarding any licensee, certificate holder or
other person potentially in violation of this chapter. Confidentiality shall be
maintained subject to law.

E. The board shall keep confidential all information relating to the receipt and
investigation of complaints filed against licensees and certificate holders until the
information becomes public record or as required by law.