(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.