§ 2121. Unprofessional conduct

(a) Unprofessional conduct is the conduct prohibited by this section and by 3 V.S.A. § 129a, whether or not taken by a license holder.

(b) Unprofessional conduct shall include:

(1) sexual harassment of a patient;

(2) engaging in a sexual act as defined in 13 V.S.A. § 3251 with a patient;

(3) any of the following except when reasonably undertaken in an emergency situation in order to protect life, health, or property:

(A) practicing or offering to practice beyond the scope permitted by law;

(B) accepting and performing physical therapy responsibilities that the licensee knows or has reason to know that he or she is not competent to perform; or

(C) performing physical therapy services that have not been authorized by the consumer or the consumer’s legal representative.

(c) After hearing, an administrative law officer may take disciplinary action against a licensee or applicant found guilty of unprofessional conduct. A finding of unprofessional conduct shall be grounds for:

(1) denying an application for licensure;

(2) revoking, suspending, or conditioning a license; or

(3) otherwise disciplining a licensee. (Added 1981, No. 227 (Adj. Sess.), § 6; amended 1989, No. 250 (Adj. Sess.), § 4; 1997, No. 40, § 49; 1997, No. 145 (Adj. Sess.), § 44; 1999, No. 52, § 14; 2005, No. 27, § 64; 2007, No. 163 (Adj. Sess.), § 21.)