A. The board may:

1. 1. Receive written complaints filed against licensees and conduct investigations.

2. 2. Conduct an investigation at any time on its own initiative without receipt of a written complaint if the board has reason to believe:

   1. (a) That there may be a violation of this chapter, a rule adopted pursuant to this chapter or a written board order.
   2. (b) That a licensee is or may be guilty of unprofessional conduct or is or may be acting outside the scope of practice.
   3. (c) That a licensee is or may be incompetent.

H. If at the informal meeting or formal interview the board finds a violation of this chapter, but the violation is not of sufficient seriousness to merit a civil penalty or suspension or revocation of a license, it may take one or more of the following actions:

1. 1. Issue a decree of censure.

2. 2. Establish length and terms of probation best adapted to protect the public health and safety and rehabilitate or educate the licensee. Probation may include:

   1. (a) Submission of the licensee to examinations to determine the mental or physical condition or professional competence of the licensee at the licensee's expense.
   2. (b) Occupational therapy training or education that the board believes to be necessary to correct deficiencies.
   3. (c) Review or supervision of the licensee's practice that the board finds necessary to identify and correct deficiencies in the practice, including a requirement that the licensee regularly report to the board on matters related to the licensee's probationary requirements.
   4. (d) Restrictions on the nature and scope of practice to ensure that the licensee does not practice beyond the limits of the licensee's capabilities.
3. 3. Issue a letter of concern.
4. 4. Issue a nondisciplinary order requiring the licensee to complete a prescribed number of hours of continuing education in an area or areas prescribed by the board to provide the licensee with the necessary understanding of practice standards for licensees including current developments, skills, procedures or treatment interventions.
5. 5. Dismiss the complaint.

K. Any licensee who, after a hearing, is found guilty of unprofessional conduct or incompetence is subject to the following:

1. 1. A decree of censure.
2. 2. Probation as provided in this section.
3. 3. Suspension or revocation of the license.
4. 4. Imposition of a civil penalty of not less than two hundred fifty dollars nor more than ten thousand dollars for each violation of this chapter.
5. 5. Any combination of these sanctions for a period of time or permanently and under conditions as the board deems appropriate for the protection of the public health and safety.

N. The board may reinstate a person's license that has been suspended for more than two years pursuant to this section if the person does all of the following:

1. 1. Reapplies for a license pursuant to section 32-3423.
2. 2. To the board's satisfaction, demonstrates competency to practice.
3. 3. Completes any other requirements prescribed by the board.