(a)

1. (1) The Arkansas State Board of Physical Therapy may refuse to license, refuse to renew a license, revoke a license, and/or take other disciplinary action as provided by law regarding any physical therapist or physical therapist assistant who is guilty of:

   1. (A) A felony; or
   2. (B) Any of the acts as set forth in Arkansas Code § 17-93-308.

2. (2) “Unprofessional conduct” pursuant to Arkansas Code § 17-93-308(a)(3) shall include, but not be limited to, the following:

   1. (A)

(i) Engaging in any type of sexual conduct of a verbal or physical nature or engaging in a sexual/romantic relationship, including, but not limited to, kissing, sexual contact, and sexual intercourse, with a current patient or with any person who was treated as a patient within the preceding six (6) months.

1. (ii) A patient’s consent to, initiation of, or participation in the sexual contact or sexual/romantic relationship does not change the nature of the conduct nor the prohibition.

   1. (iii) This provision shall not prohibit a physical therapist or physical therapist assistant from treating any person with whom there has been a preexisting sexual or romantic relationship;
   2. (B) Intentionally viewing a completely or partially disrobed patient in the course of treatment if the viewing is not related to patient diagnosis or treatment under current practice standards;
   3. (C) Failing to adhere to the recognized standards of ethics of the physical therapy profession;
   4. (D) Charging unreasonable or fraudulent fees for services performed or not performed; and
   5. (E) Failing to report to the board any act or omission of a license holder, applicant, or any other person who violates the provisions of the Arkansas Physical Therapy Act, Arkansas Code § 17-93-101 et seq., as amended.

(b) Each facility offering physical therapy services shall be required to publicly display the name and contact information of the board.

1. (c)
2. (1) Any person may file a complaint in writing to the board against any licensed physical therapist or physical therapist assistant or unlicensed person in this state, charging said person with having violated the provisions of any part of the Arkansas Physical Therapy Act.
3. (2) The board may act upon its own motion or upon written complaint.

4. (3) The person named in the complaint will be notified and a response from that individual will be requested.

   1. (d) Relicensure for revoked or surrendered license.

5. (1)

   1. (A) No individual who has had his or her license revoked or who has surrendered his or her license while under investigation by the board will be relicensed, except on petition made to the board.
   2. (B) The application for relicensure is not allowed until at least five (5) years after the revocation or surrender of license while under investigation took effect.

6. (2) Following license revocation or surrender of licensure while under investigation, the applicant bears the burden of proving that he or she:

   1. (A) Is rehabilitated;
   2. (B) Can engage in the conduct authorized by the license without undue risk to the public health, safety, and welfare; and
   3. (C) Is otherwise qualified for the license pursuant to the Arkansas Physical Therapy Act.
7. (3) The board may impose any appropriate conditions or limitations on a license to protect the public health, safety, and welfare.
8. (4) The board may require that the person seeking relicensure take the licensing examination and/or jurisprudence examination.